HomeMy WebLinkAbout20070712 Ver 1_Application_20070426,~
Form: Version March OS
USACE Action ID No. DWQ No.
0 7 0 7 1 2
(If any particulaz item is not applicable to this project, please enter "Not Applicable" or "N/A" )
I. Processing PAYMENT
1. Check all of the approval(s) requested for this project: RECE~VE~
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ 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: ^ N/A
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 I
and check here: ® p ~ ~ ~ ~~
II11
II. Applicant Information
Owner/Applicant Information
APR 2 6 2007
DEWR -WATER (]UALITY
Name: Tim Beacham ~ ~ gTp~{1NATER BRANCH
Mailing Address: P.O. Box 410
Kitty Hawk, NC 27949
Telephone Number: see consultant info. Fax Number: see consultant info.
E-mail Address: see consultant info.
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: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
_ Kitty Hawk, NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: roxdorman(a~aol.com
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Beacham AEC#06-046A
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Pin#
4. Location
County: Tyrell County Nearest Town: Columbia
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc. Heading west to Columbia on 264,
take a right on New Road take left on Riverneck Road, take a right on Rhodes Road, access
property from dirt road on left off Rhodes Road (SR 1212) lust past Taylor Beach Road (SR
1234).
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°57'36.87" °N 76°17'25.50" °W
6. Property size (acres): 50 acres
7. Name of nearest receiving body of water: Albemarle Sound
8. River Basin: Pasquotank River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The subject tract is currentlypen with a dilapidated
farmhouse and undeveloped forested land The majority of the surrounding_parcels are
developed single-family residential.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: Fill and
placement of two culverts in Section 404 wetlands (0.26 ac.) to construct an access road from
hi~haround to hig~i~round. Silt fence will be placed on both sides of the proposed road at the wetland
interface to prevent erosion and intrusion of fill into the adjacent wetlands. Road will be topped with
gravel once constructed with a 2:1 slope and seeded on the slope to prevent erosion. Equipment
utilized for this project to include an excavator or backhoe to place culverts, dump truck, and front-
end loader with box blade. Once fill is in place to construct the road silt fence will be placed at the
wetland interface to prevent intrusion of material into wetlands not permitted for fill. Road will be
topped with gravel. Once road is constructed rock rip raQwill be trucked in and placed along the
shoreline under CAMA General Permit 47756 to minimize further shoreline erosion.
11. Explain the purpose of the proposed work: Proposed work is necessary to cross Section
404 wetlands to access high round along the Albemarle Sound to construct shoreline
stabilization (rock rip rapt
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.
AEC delineated the wetlands on site on 5-1-06, a Jurisdiction determination was made by
USACE, Tom Steffens in May 2006. No plats have been signed at this point due to USACE
moratorium, therefore, No Action ID available at this time.
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 at this time
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.
Page 3 of 9
1. Provide a written description of the proposed impacts: Placement of two 18" corre ag ted
metal pipes with into Section 404 wetlands to construct a road to go from highground to highhg~ound.
Silt fence will be placed at the wetland fill interface to prevent material into the adjacent wetlands.
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 due to both structure and flooding.
Wetland Impact Type of Wetland Located within
100-year Distance to Area of
Impact
Site Number Type of Impact (e.g., forested, marsh,
Floodplain Nearest Stream
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
.86 mi. to tributary
1 Wetland fill Forested wetland yes cone/ to Currituck
Sound (1 mile to 0.26 ac.
Currituck Sound)
Total Wetland Impact (acres) = 0.26 acre
3. List the total acreage (estimated) of all existing wetlands on the property: 83 acre
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 be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Site Number
(indicate on map)
Stream Name
Type of Impact
Perennial or
Intermittent? Average of
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
N/A N/A N/A N/A N/A N/A N/A.
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) _ -0-
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, dredging, flooding, drainage, bulkheads, etc.
Page 4 of 9
Open Water Impact
Site Number
(indicate on map)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A N/A N/A N/A N/A
Total Open Water Im act (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Im act (acres): N/A
Wetland Impact (acres): 0.26 ac.
O en Water Im act (acres): N/A
Total Im act to Waters of the U.S. (acres) 0.26 ac.
Total Stream Impact (linear feet): N/A
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.
N/A
8. Pond Creation
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
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The nrooosed impact includes the placement of two culverts with associated wetland fill (road
crossing to access highlround to stabilize the existing_eroding shoreline. Shoreline eroded a
Page 5 of 9
maximum of 62 feet within 22 months time (2/2005 - 12/21/06) 10 feet according to LAMA
within the pas~ear Property owner needs to access the soundfront portion of his property
(high round) to armor the shoreline with rock rip rap (LAMA General Permit #47756) to
prevent further erosion to his property Wetland impacts were limited to a total of 0.26 acre,
which is covered under a USAGE Nationwide 14 General Permit. Proposed placement of
culverts and wetland fill will allow the property owner to access adjacent waterfront hi~h~round
on his property to allow transportation of rock rip rap to,protect his eroding shoreline.
High round portion along the shoreline of this tract cannot be accessed other than filling
wetlands to access. Silt fence to be placed between fill area to prevent intrusion into adjacent
wetlands The road is located so as to impact the least amount of wetlands and crossing an area
with enough shoreline hiph~round to turn into high rg ound (waterfront) portion.
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.
USAGE - 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 USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide. html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 6 of 9
The proposed mitigation plan for this project will be the purchase of wetland credits from
NCEEP as compensator~miti~ation to offset wetland impacts proposed (Attached
acceptance letter from NCEEP dated March 20, 2007).
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 willing 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 http://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 (lineaz feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Ripazian wetland mitigation requested (acres): N/A
Amount of Non-ripazian wetland mitigation requested (acres): 0. acre
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
1. 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)?
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
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
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
(Meuse), 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 N/A )? Yes ^ No
Page 7 of 9
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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
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.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
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. Total acreage of site is approximately 50 acres.
Impervious areas currently exist within the subject site include a dilapidated farmhouse Lapprox. 700 s.f.j;
site is currently open and undeveloped forested land. Proposed built upon (impervious) areas for this site
are not proposed at this time since a site plan has not been generated by the property owner PropertX
owner's intent at this time is to armor the shoreline to prevent or minimize further erosion. Proposed
construction at this time includes 500 linear feet of shoreline stabilization (rock rip rap) to stabilize the
eroding shoreline line (waterfront property) once the road is in place. Impervious Areas proposed at this
time is a gravel access road (gravel area 20' x 358') = 7 160 s.f.. Two 36" culverts will be placed
approx. 120' apart to allow wetlands to remain contiguous. Road will be constructed with a 2:1 slope (6'
slope on each side with 20 foot road) and seeded once construction takes place to stabilize the fill
material. Silt fence will be placed along the wetland interface to prevent material runoff before rag ss is
established along the slopes of the proposed road. Total land disturbance for this project will be a
maximum of 0.26 acres.
XII. Sewage Disposal (required by DWQ)
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 wastewater systems proposed along southern portion of property
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Page 8 of 9
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
No constraints currently associated with this project.
Applica~nt/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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PROGRAM
March 20, 2007
Tim Beacham
PO Box 410
Kitty Hawk, NC 27949
Project: Beacham AEC#06-44tiA County: Tyrrell
4 7 0 7 1 2
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program {NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision 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 to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. )(f we have not received a copy of
the issued 404 Permit/401 CertiflcationlCAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will he issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Pasquotank
03010205 Stream {feet) Wetlands (acres) Buffer 1
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh
impacts 0 0 0 0 0.25 0 p 0
Credits 0 0 0 0 0.50 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
reyuire mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible far the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP far approval prior to permitsssuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C'. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
Sincerely,
g.
Will D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggett, NCDCM- Morehead City
Roxanne Dorman, agent
File
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 9f 9-715-Q476 / www_ncesp.net
ALBEMARLE SOUND
SITE
NTS
NOTES. SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE
DISCLOSED BY A FIAT. AND ACCURATE TITLE SEARCH.
2 F.I.R.M. ZONE AE (ELEV. %0=10%v
'� LOCALED ON F.LR.M.f 3720 78W OOJ
do "AMI
3720 8800 OOJ
3. RECORDED REFERENCE: P.C. C. SL 162: D.B. 204, PG. 829; D.B. 205, PG. 796
4. THE PROPERTY LINES SHOWN HEREON AS DASHED LINES WERE NOT SURVEYED.
THEY WERE PLOTTED FROM A SURVEY. ENTITLED, SURVEY FOR. 'TRAVIS ROUGHTON HERS',
PREPARED BY, TIMOTHY J. ESOL.EN, PLS, DATED 2/29/05. AND RECORDED P.C. C, SL 162
TYRREIL COUNTY REGISTRY. THE LOCATION OF SAID LINES IS REFERENCED TO PROPERTY
LINES ACTUALLY SURVEYED AND SHOWN AS 'A' 'B' 'C' 'D'. SEE SAID MAP FOR
COMPLETE PROPERTY LAS INFORMATION.
5. THERE MAY BE OTHER WETLANDS ON THIS PROPERTY THAT HAVE NOT BEEN DELINEATED
OR SURVEYED. THE LIMITS OF ALL PERMRMG AND CONSTRUCTION ON THIS PROPERTY
WILL BE WITHIN THE SURVEYED AREA.
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