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HomeMy WebLinkAbout20021157 Ver 2_Application_200610026Zuible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTALSCIENCES • PLANNING • SURVEYING SINCE 1959 John Dorney NC Division of Water Quality 401/VVetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 September 29, 2006 RE: Warner Lot Access Beachside Extension, Ocracoke, Hyde County, NC 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. Valdivieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. Enclosed is a Nationwide 14 and 401 Water Quality Certification submission for a project referred to herein as "Warner Lot Access" in Beachside Extension Subdivision in Ocracoke, Hyde County, North Carolina. This is an existing subdivision, platted in June 1960 and includes residential lots and a designated right-of-way. The applicant is applying to utilize the existing right-of-way to access existing buildable residential lots. This requires impacts to 0.35 acres of Section 404 (non-coastal) wetlands. There is a valid jurisdictional determination from USACE. Additionally, the coastal wetlands line has been established by DCM in August 2006. The coastal wetlands line lies in the rear portion of the tract as depicted on the site plan. There is no proposed impact to coastal wetlands or the Tar-Pamlico Buffer Zones that apply in this river basin. The nearest portion of the subject property to surface waters of Pamlico Sound is approximately 2,400 feet. This proposed wetland crossing will also serve as access to buildable Lots 81 and 83, owned by Pete and Julie Wiley, and buildable lot 73, owned by John Fletcher. These lot owners would otherwise have to apply for separate wetland crossing permits to access their lots. The project as proposed will limit and minimize the road crossing permits to this single permit. The PCN application and supporting documentation accurately describes the proposed work, including avoidance and minimization and compensatory mitigation. Enclosed are seven (7) copies of the following: • Site Plan (9-26-06) • PCN Application • Agent Authorization Letter • USGS Vicinity Map • Valid USACE Jurisdictional Determination • EEP Acceptance Letter • Letter of Support from Pete and Julie Wiley • Copy of the $200 Processing Fee Check to NCDENR Please review and process this permit request. If you have any questions or require additional information, please contact meat (252) 261-3300. Respectfully Submitted, uible & Associates, P.C. Brian Rubino-~w~.• CC: Tom Steffens, USACE Kyle Barnes, DWQ Steve Trowell, DCM Ann Warner ~ ~~~U t~~ ocr D _ 2 2006 nENR- WATER ~~~M1DSTAT~R NCH 6Zuible C~uible & Associates, P.C. P.O. Drawer 870 Kitty Hawk, NC 27949 ENGINEERING • ENVIRONMENTALSCIENCES • PLANNING • SURVEYING Phone: 252-261-3300 SINCE 1959 Fax: 252-261-1260 Thomas Steffens PRINCIPALS Sean C. Boyle, P.E. US Army Corps of Engineers Joseph S. Lassiter, C.E.P. P.O. Box 1000 Eduardo J. Valdivieso, P.E. Washin ton, NC 27889 g ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. September 29, 2006 RE: Warner Lot Access Beachside Extension, Ocracoke, Hyde County, NC Mr. Steffens: Enclosed is a Nationwide 14 and 401 Water Quality Certification submission for a project referred to herein as "Warner Lot Access" in Beachside Extension Subdivision in Ocracoke, Hyde County, North Carolina. This is an existing subdivision, platted in June 1960 and includes residential lots and a designated right-of-way. The applicant is applying to utilize the existing right-of-way to access existing buildable residential lots. This requires impacts to 0.35 acres of Section 404 (non-coastal) wetlands. Additionally, the coastal wetlands line has been established by DCM in August 2006. The coastal wetlands line lies in the rear portion of the tract as depicted on the site plan. There is no proposed impact to coastal wetlands or the Tar-Pamlico Buffer Zones that apply in this river basin. As you are aware, there is a valid jurisdictional determination from USACE, and we have visited the site this past Spring to discuss future road access proposals for Warner and adjacent owners. This proposed wetland crossing will also serve as access to buildable Lots 81 and 83, owned by Pete and Julie Wiley, and buildable lot 73, owned by John Fletcher. These lot owners would otherwise have to apply for separate wetland crossing permits to access their lots. The project as proposed will limit and minimize the road crossing permits to this single permit. The PCN application and supporting documentation accurately describes the proposed work, including avoidance and minimization and compensatory mitigation. Enclosed is the following: • Site Plan (9-26-06) • PCN Application • Agent Authorization Letter • USGS Vicinity Map • Valid USACE Jurisdictional Determination • EEP Acceptance Letter • Letter of Support from Pete and Julie Wiley • Copy of the $200 Processing Fee Check to NCDENR Please review and process this permit request. If you have any questions or require additional information, please contact me at (252) 261-3300. Respectfully Submitted, uible & Associates, P.C. w. 2~C/~.. Brian Rubino CC: John Dorney, DWQ Kyle Barnes, DWQ Steve Trowell, DCM Ann Warner v~. off.- t t51 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. ~~ (it any particutar ttem is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: - , ® Section 404 Permit ^ Riparian or Watershed' Bui`~er'F~ules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide#14 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information 0 ~ ~ ~ ~~ ~ D 1. Owner/Applicant Information ACT 2 20fJ6 Name: Ann Warner Mailing Address: P.O. Box 238 u~N~ - wA ~` W€-T~ANDS MAD SIt1f3MYY~I~IiB'~N Ocracoke, NC 27960 Telephone Number: (252) 928-6261 Fax Number: E-mail Address: 2. Agent/Consultant 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: Brian Rubino Company Affiliation: Quible & Associates, P.C. Mailing Address: P.O. Drawer 870 Kitty Hawk NC 27949 Telephone Number: 252-261-3300 Fax Number: 252-261-1260 E-mail Address: brubino@guible.com Updated l l/1/2005 Page 5 of 13 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: Warner Lot Access 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): M.B. B PG. 69-B2 4. Location County: Hyde Nearest Town: Ocracoke Subdivision name (include phase/lot number): Beachside Extension Directions to site (include road numbers/names, landmarks, etc.): From Hatteras to Ocracoke ferry terminal take NC 12 to the village of Ocracoke• take first right after Howard's Pub and another ris;ht onto Central Drive 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.107094 °N 75.970253 °W 6. Property size (acres): 5.14 ac 7. Name of nearest receiving body of water: The Pamlico Sound is approximately 2,400 linear feet from the closest portion of the subject pro e~rty 8. River Basin: Tar-Pamlico (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/ma~s/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Undeveloped rg assy with sparse trees and shrub-scrub type ve;;etation; total non-wetland (1.73 ac); Section 404 wetland (3.41 ac). On the north (back) side of the property there are areas of coastal wetlands. The Section 404 wetlands line has Updated 11/1/2005 Page 6 of 13 been confirmed on November 13, 2001 by William Walker, USACE. The coastal wetlands line has been delineated in August 2006 by Terry Moore and Steve Trowell of NC Division of Coastal Management. This coastal wetlands line and associated Tar-Pamlico Buffer Zones (Zone 1 and Zone 2) are depicted on the site plan. None of the proposed work is within coastal wetlands areas or within the buffer zones. This general vicinity of Ocracoke is comprised of residentially developed and undeveloped residential lots, and commercially developed businesses along NC 12. 10. Describe the overall project in detail, including the type of equipment to be used: The project involves placement of sand and gravel material through Section 404 freshwater (non-coastal) wetlands. The proposed wetlands impacts from fill include a 16 ft wide corridor that will connect existing lands to other existing currently buildable upland lots as depicted on the site plan. A maximum of 12 inches of material will be placed alon this alignment. In most places less than 12 inches of lift will be required because while the areas are jurisdictional wetlands, the normal water table is at least 6-12 inches below existi>~ grade. There will be two locations where side-bv-side 12 inch diameter traffic rated culverts will be installed to maintain ade uq ate h d~~ic connections of Section 404 wetland areas during exceptional storm events. Sand will be transported to the site via dump truck and will be _ spread and compacted with a bulldozer, within the surveyed road alignment. This material will be compacted and covered with crush and run type gravel material that will be similarly compacted. During the fill process, the edges of the road will be lined with silt fence. 11. Explain the purpose of the proposed work: The purpose of the project is to improve (with n_o _paved surfaces) the designated right-of-way access throu h this portion of Beachside Extension to provide a safe vehicular access to upland/buildable lots. This is the only possible access route to the subject lots that were platted in 1960. The fill material will consist of sand and gravel only. 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. A USACE jurisdictional determination has been issued on 11-13-01 There was a federal and a state permit issued for minor wetlands fill that was never used (all wetlands have been preserved to date). A prior Nationwide #18 (Action ID. 200210886 9-11- 02) and a prior 401 Water Quality Certification (DWQ# 02-1157 10-17-02) had been issued for a previous owner, Foy Shaw. This work was never initiated and those permits have since expired. The permits were never utilized and the properties have been sold. Updated 11/1/2005 Page 7 of 13 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. There will future buildins? permit requests to Hyde County and there will be on-site septic system permit requests to the Hyde County Health Department Upland soils in this subdivision have been found to be suitable by the Health Department. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. Provide a written description of the proposed impacts: Impacts include a jurisdictional Section 404 wetland impact of 0.35 acres. This area is proposed to be filled for a vehicular access drive that connects existing uplands to existing uplands The proposed alignment is within a designated 30 ft right-of-way that was established for Beachside Extension lot access. This permit application is submitted on belhalf of Ann Warner but will also rovide access to buildable lots owned by Peter and Julie Wiley (Lots 81 and 83) and a lot owned by John Fletcher (Lot 73). There is no other access to these lots available Included in this submission package is a letter of su port si ned by Peter and Julie Wiley 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts dne to tenth ctnictnrP and flnnrlina Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Shaded on plat Fill, Grading Herbaceous, scrub-shrub yes 2,400 tl to Pamlico Sound 0.35 Total Wetland Impact (acres) 0.35 Updated 11/1/2005 Page 8 of 13 3. List the total acreage (estimated) of all existing wetlands on the property: 3.41 ac. 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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 he included. Te calculate acreage mnltinly length X ~z~irlth then ~ivirla by dZ SF.l1 N/A Stream Impact Number (indicate on map) Stream Name - Type of Impact Perennial or Intermittent? Average Stream Width Before Im act ., Impact Length (linear feet) - Area of Impact (acres) Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation. dred~in~. flooding. drainage. hnikhParlc Pry N/A Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) v Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect; Stream Impact (acres): Wetland Impact (acres): 0.35 ac. Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Updated 11/1/2005 Page 9 of 13 8. 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: 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 wetland impacts have been minimized to the fullest extent possible by limiting the drivewaYwidth (toe to toe of fill) to 16 ft and by utilizing the existing designated roadway for this portion of Beachside Extension. This alignment achieves the goal of roviding access to buildable lots owned by the applicant and by others, including Pete and Julie Wiley who owns lots 81-83 (lots 81 and 83 are buildable) The Wileys' could submit their own Nationwide 14, but instead they will be able to utilize the driveway described herein (See letter of support from the Wileys' ). Also John Fletcher will benefit from this permit, as the owner of Lot 73 that does not otherwise need any wetland fill permits. This is not a joint application however the project as proposed minimizes future potential access roadway fill permit requests by other property owners There is no proposed fill within an Area of Environmental Concern (AEC) including estuarine AEC and coastal wetlands There is also no proposed fill or work within Tar-Pamlico Buffer Zones 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 January 15, 2002, 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 Updated 11/1/2005 Page 10 of 13 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 NCEEP 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. Proposed mitigation includes payment into the NC EEP at a 2.1 mitigation to fill ratio (See September 29, 2006 acceptance letter from EEP) 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at h~://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres):_ 0.75 acres (2:1 miti>ation to fill ratio) Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. 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)? Updated 11/1/2005 Page 11 of 13 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 3. 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 (required by DWQ) 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", 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. N/A * I Impact I I Required Zone , ~„~_~ r,.,.,~ Multiplier ,,,~,~,__~,__ 1 I I 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. No existing impervious covera~e~, Proposed new impervious for the ravel-topped driveway= 0.24 acres (4.7 percent) XII. Sewage Disposal (required by DWQ) Updated 11/1/2005 Page 12 of 13 Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On-site septic treatment systems will be constructed on the buildable lots that will be accessed. The systems will be permitted b t~yde County Health Department. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed wetland crossing work is for the buildable residential lots in Beachside Extension that currently have no inland access. Other owners of Beachside Extension lots, including Peter and Julie Wiley and John Fletcher, will benefit from the proposed access drive. All of these lot owners would be applying for minor fill permits in a piece-meal type approach if this permit application was not submitted. This proposed work utilizes the existing access right-of-way that has been designated for this portion of Beachside Extension. The driveway impact is limited to 16 ft wide. This will provide a 10 ft wide drive aisle and compacted, vegetated side slopes. Fill material will be limited to sand with a gravel surface, which while not calculated as pervious cover herein, will allow infiltration and will not be paved. XV. Other Circumstances (Optional): N/A 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). _Z~_a ~ Applicant/Agent's Signature ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 13 of 13 ay{15/2006 16:50 2529281721 OCRACOKE ISLAND REAL Michael Nolan c~c-poi-,oe~ __PAGE 02 AS Owner OP 1_o"S 5?-61, fs3.72 end r4-BO in the l3P~chsiCe Extension Subdivision in OCr,~COkE t~8t InClucles 30-toot wide access roads. I autnorixe (.iuibte 8 Associates. P,C_ to act 3s agent for the purpose o1 enYironrnerrtai pe-mltting. This authoriz8tion is far environmpn-:al consultant representation from Oulble ~ Associates, P.C. for Fod®ral, StntE and Locxtl permits ;squired. Thl~ ig rot a contraCllorservi~es and dons not auil,crir~ lyill;ngc: fpr expSnses an my behalf.. Ann Warnrr Date Received 08-15-2006 04:52pm Frem-2528281721 To-QUIBLE2iA550CIATES Page 002 - T - ..- 5~; t Gap ,~' ~ '~' pt/, 4 ' + • y `,t~ 1' .~i • ~. y~ y ~v /a ]p ~, t~tat ~ tai- ~+ ,1 f ,~kt ~ .j}i ~' 5~.. ~„ _ ~+ ~ acne. ; A "~-t ~ ~.~ ~P'~Fn~. rs ~." .;, ~' Y~ ~. 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ARMY CORPS OF ENGINEERS Wilmington District Action ID: ~~ ~ ~ ~ ~ ~~ County: ~ Notification of Jurisdictional Determination Properly owner/Authorized Agent Address ~. ©- 1~ A ~ w ~ ~ 51 ~ Telephone N Size(~and Location of Property (waterbody, HighwaJy name/number, town, etc.) / j / ~ T • ~ G tr r2 ~ ~ ,, 99 % ln~ /lJ 2 .., /l t7 b c.J ce .i S ~~ ~Q. (JG t~aa G e i~ •G- /vim Indicate which of the following apply: • There are wetlan the above described perty which we strongly sugges uld" be delineate surveyed. The surve et and lines must be verified our staff before the C will make a final jurisdict' al determination on your property. • Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot a accomplished in a timel ~ anner. You may wish to em consultant to ob more timely delineatio a wetlands. Once your consult as flagged a wetland 'eon the property, Co ff will review it, and if it is ate, we strongly reco end that you have a surveyed for final approval by orps. The Corps will not make a final jurisdictional determination on your pr~perty with~ut an approved survey, ~ t Ili ~~v ~ A'e f K / L S vr'L J ~ L~ ~ ~ sx ~ 67: < ~e ~• The wetlands~'on your lot have been delineated,Uand the limits of ~orps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed tlxee years from the date of this notification. -~%~' • There are no wetlands present on the above de property which are subjec permit requirements coon 404 of the Cle ater Act (33 USC 1344). Un ere is a ch~,iage'i'ri the law our published reg at' ,this determination may be re ie upon for a period not to e ed three years from the date of this notification. ~• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Property owner/Authorized Agent Project Manager Signature `~~, ~ Date // ~/ 3 ~v,/ Expiration Date SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FIL~) COPY OF THIS FORM. ~ (~s~ai ~-~.LT~ 3 f~GiY~~•e~tJ~ ~~ne~~~~e ry- j1T~~ 1`~y~ ~( CESAW Form 566 (:~~ e i lw-. e~ ~e ~•~ `a-e ~T / c,+., til a3 -,. u ~, ~ ~ ct, "~ ~ r 5 ~ ~(J ~ L -~., i j ~, ~ ©9-29-'86 15;28 FF~OM-DENT EEP 919?152©81 T-255 P82 ll-~~1'/ ~~~ tem PR[)t3RAM September 29, 2006 Brian Rubino Quiblc 8c Associates P O brewer 870 Kitty >Eiawk, lrl'C 27949 Pro,~ect: blamer Lot Access County: Hyde The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC LPp) is willing to accept payment fvr impaees associated with the above referenced project. Please Hate that this deetsion does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts, It is the responsibility of the applicant to contact these agencies W determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. Tt we have not received a copy of the issued 404 Permit/401 Ccrtil;cwtion within this time [tame, thts acceptance wlJt expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC >r1rP. Once N'C EEP receives a copy of the 404 Permit and/or the 401 Certifioation an invoice will be issued and payment must be made. Based on the information 3upplicd by you the impacts that may require Compensatory mitigation are summarized in the following table. Rivet Hasin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Peet) Zone 1 Zone 2 Unit (Sq. Pt.) (Sq. Ft.) Ri ion Non-Ri arias Coastal Marsh Cold Cool Warm Taz-Pamlico 03020105 0 037 , 0 0 0 0 0 0 Upon receipt of payment, .EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount ofthe compensatory mitigation will be as specified in the Section Q04 Permit and/or 401 Water Quality Ccrtificativn, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. bepartment of Environment attd Natural Resources and khe U. S. Army Corps of Engineers dated November 4, 1998. 1<f you have at~y questions or need additional information, please contact David Robinson at (919) 715-5835. Sincerely, Williatn. D. Crilrnore, pE Director cc: Cyndi Karoly, Wetlands/401 Unit Tom Steffens, 'C)'SACE-Washin~tvn Kyle Barnes, D'WQ-'Washington Dvug Huggett, DCM-Morehead Ciry Pile,/ R~r~-orr,~... ,~ ... Pao our St-at~ t~c~~ North Carolina Ecosystem Enhancement Prograrrm, 1652 Mail Service Center, Raleigh, NC 27688-1652 / 919-715-0476 /www.nc®®p.nei Received 08-Z8-Z006 04:14pm From-818T152001 To-QU16LE8~A550CIATES Page 002 09/26/2006 08:26 FA% 9198451558 GPA PLLC Thomas Steffens US Army Corps of Engineers P_O. Box 1000 Washington, NC 27389 RE' Beachside Extension Residential C_ot Access As the owner of Lot 81-83 Beachside Extension in Ocracoke, Hyde County, North Carolina, I support fhe application for minor impacts to jurisdictional wetlands in the Nationwide #14 apK~lication tieing prepared for access to the Warner lots. We have received Nationwidr° f#14 and 401 Water Quality Certification for Lvts 81 and 83, however, lot access is our current obstacle for achieving our goal ot` cottage construction. The proposed road improvements in th® application being submitted loy Quible 8 Associate~~, P.C. on behalf of Ann Warner would effectively provide access to our lots as well as tie lots currently owned by Mrs_ Wamer. Thore is no other access to our lots etherthan the 30 ft wide right~of-way designated as an access road for 6eachside Extension lot owners. Sincerely, '~ Peter Julie Wiley y~ ~s ~ Date q ~~/~ Date l~j 002/002 Received 09-26-2006 O6:Plam From-9196d51558 To-QUIBLE&A550CIATES Page 002 _. .._. ~_~. ~.~, . , ~ .r_.