HomeMy WebLinkAbout20031126 Ver 1_COMPLETE FILE_20030909`o?OF W A r?qP?
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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
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 16, 2003
Dare County
DWQ Project #: 03-1126
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE
Kelly Seibel
1721 Waverly Lane
Lanexa, VA 23089
Subject Property: Lot# 57, Block 129, Section D, Southern Shores
Dear Mr. Seibel:
You have our approval, in accordance with the attached conditions, to impact 0.0664 acres of wetlands
or waters for the purpose of residential construction as you described in your application dated
September 4, 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:
Certification of Completion
1. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return
'. C. Division of Water Quality, 401 Wetlands Certification Unit,
50 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
?1 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
Page 2
the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Deed of Notification
2. 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.
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,
Alan W. Klimek, P.E., Director
JRD/bs
Attachments
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File copy
Central Files
Environmental Professionals, Post Office Box 3368, Kill Devil Hills, NC 27948
USACE Action ID No. DWQ No. 031,26
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: .
X Section 404 Permit S? P
? Section 10 Permit 2U(l.i
X 401 Water E] Riparian or Quality Certification
?' *£ E ?? 1 `" 1 y ._??- ?;??',
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: ?
***Conservation Easement to the NCWRP
II. Applicant Information
1. Applicant Information
Name: Kelly Seibel
Mailing Address: 1721 Waverly Lane
Lanexa, VA 23089
Telephone Number: 757-784-0052 Fax Number: 757-253-6554
E-mail Address: see agent
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Kendall Turnage
Company Affiliation: Environmental Professionals
Mailing Address: PO Box 3368
Kill Devil Hills NC 27948
Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address: environmentalprogearthlink. net
Pagc 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: Kelly Seibel
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 986718316006
4. Location
County: Dare Nearest Town: Southern Shores
Subdivision name (include phase/lot number): Southern Shores, Lot 57 Block 129 Sec, D
Directions to site (include road numbers, landmarks, etc.):Traveling north on 158, turn right
onto Dogwood Trail, turn left onto Pintail Trail, turn right onto Gin uite Trail. Site is
approximately one quarter mile north on west side of road
5. Site coordinates, if available (UTM or Lat/Long):Approx. N 36d 6.00' W 75d 44.264'
(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 wooded lot
7. Property size (acres): 0.73
8. Nearest body of water (stream/river/sound/ocean/lake): Jean Quite Creek
9. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr state.nc.us/admin/maps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: To provide adequate building envelope for
house to fit onto lot without filling a greater amount of 404 wetlands
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 homes golf course,
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.
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:
None anticipated, all remaining wetlands to be placed under a conservation easement
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 3 of 8
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 .0664 yes Approx. 275 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.pov.
*** 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: 12,136 SF (0.28 ac)
Total area of wetland impact proposed: 2,892 SF ( 0.0664 ac)
2. Stream Impacts, including all intermittent and perennial streams N/A
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?
lease specify)
N/A
Lisp caut nhpaci separately and idenuty 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.
R N 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.usps.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www,mapquest,com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
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
a of Impact*
? Area of
Impact
acres
Name of Wate
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
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
Page 4 of 8
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.
Because of septic setbacks the septic system must be placed in Southeast corner. Proposed home
was turned sideways, and put on pile foundation to fall within minimum building limits.
Other options were explored but resulted in a greater fill area request This plan represents the
minimum amount of fill required to construct the home driveway and amenities
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
Page 5 of 8
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/strmizide.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 permanent conservation easement to be placed on all remaining 9,244 SF of 404 wetlands
on the property. The easement will be granted to the NC Wetlands Restoration Program
This easement will be recorded for future reference prior to any 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 http://h2o.enr.state.nc.us/wW/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
***Conservation Easement to NC WRP: (9,244 SF)
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
copy of the NEPA or SEPA final approval letter.
Yes ? No ? N/A
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. N/A
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No X 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
2 N/A 1.5
Total 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.
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.
N/A
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 ---- NONE
Proposed ---- 22.7%
Page 7 of 8
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.
Conventional septic system proposed tank size to be determined by Dare County Health Dept.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No 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).
None Known
Applicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Sep U4 U3 U4s3Up Kelly Setbel
09/04/2003 14:57 2524410721
To Whom It May Concern:
757-253-6554 p.l
ENVIRONWN7AL PROFES PAGE 02
I hereby authorize Environmental ProfessioxWjs Inc. to file for a Natiorrwide #1?0 permit
and provide supporting documentation for my property in Southern Shorca, NC
Kr??y S?1bel ?`
Name
Date
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NOTES
1.) AREA a 31,947 sq. ft. / 0.73 acres (coord.meth.)
2.) AS RECORDED IN P.C. C, SL. 89-B; D.C.R. EXIST PK NAIL O CL
) PC OF OINOUITE TRAIL
3.) PROPERTY IS LOCATED IN A F.I.R.M. ZONE AS NOTED
OEM
4.) THIS PROPERTY IS SUBJECT TO ANY EASEMENTS
THAT A MORE THOROUGH TITLE SEARCH MAY UNCOVER.
5.) MINIMUM BUILDING LINES SHOWN PER LOCAL ZONING ` N N
I
REGULATIONS. ADDITIONAL SETBACKS MAY APPLY.
N
6.) PIN 9867 18 31 6006 U4
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5. PROPOSED LOT COVERAGE: Nip ^O
Cp 5\? ! -
-j w
-
PROP. HOUSE = 5,197 SQ. FT. J W 'rn
PROP. DECKS & STEPS- 321 SQ. FT. 6=
PROP. CONCRETE DRIVE = 1,216 SQ. FT.
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PROP, POOL AREA= 512 S0. FT,
TOTAL PROPOSED COVERAGE - 7,246 SQ. FT. k 22.7%
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ALL REMAINING WETLANDS ±9,244
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CONSERVATION EASEMENT.
LOT 56
ENVIRONMENTAL PROFESSIONALS, INC.
Planning for a Better Environment
2810 N. CROATAN HIGHWAY
P.O. BOX 3368
KILL DEVIL HILLS, NC 27948
'(d (252)441-0239
(252)441-0721 (FAX)
KELLY R. SEIBEL
WETLAND FILL PERMIT APPLICATION
LOT 57 BLOCK 129 SECTION D
SOUTHERN SHORES
DARE COUNTY NORTH CAROLINA
SCALE: 1"=40' DATE: 8/29/03
REV:
DRAWN BY. SFA REVIEWED BY. KT JOB #:03-130
FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY
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40' 20' 0 40'
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GRAPHIC SCALE
VICINITY MAP
N.T.S.
ENVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 27948
(252) 441-0239
FAX (252) 441-0721
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WE ARE SENDING YOU /1Attached
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CI Shop drawings 11 Prints I I Plans I7 Samples 1_1 Specifications
I I Copy of letter I-1 Change order 11
COPIES DATE NO. DESCRIPTION
Na f?`v a Q ?8 r?
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THESE ARE TRANSMITTED as checked below:
For approval
/ 1-1 For your use
[-I As requested
I I For review and comment
I I FOR BIDS DUE
REMARKS
C I Approved as submitted
C] Approved as noted
I I Returned for corrections
rJ
I I Resubmit copies for approval
I7 Submit copies for distribution
I I Return corrected prints
PRINTS RETURNED AFTER LOAN TO US
COPY TO Y-S 41C -5, H,Q
Kc//Y s°'' hr SIGNED:
If enclosures are not as noted, kindly notify us at once.