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HomeMy WebLinkAbout20120378 Ver 1_401 Application_201204124/12/12 North Carolina D" To Whom It May Concern Please contact me if you have any questions Thank you Randy Hignite Cell 252 916 5328 201 20378 RECEIVED APR 16 2012 APR j 72012 � 201 20378 Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 11 PCN Form - Version 1 3 December 10 2008 Version Pre - Construction Notification PCN Form A Applicant Information 1 Processing I i la Type(s) of approval sought from the Corps ®Section 404 Permit ❑Section 10 Permit lb Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification - Regular ❑ Non 404 Jurisdictional General Permit ❑ 401 Water Quality Certification - Express ❑ Riparian Buffer Authorization le Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification ❑ Yes ® No For the record only for Corps Permit ❑ Yes ® No 1f Is payment into a mitigation bank or in lieu fee program proposed for mitigation of impacts? If so attach the acceptance letter from mitigation bank or m lieu fee program El Yes No 1g Is the project located in any of NC s twenty coastal counties If yes answer 1 h below N Yes ❑ No 1 h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project Wolfe Minor Fill 2b County Hyde 2c Nearest municipality / town Ocracoke 2d Subdivision name Widgeon Woods 2e NCDOT only T I P or state project no qPR 3 Owner Information 16. U 2 3a Name(s) on Recorded Deed Jeff Wolfe 3b Deed Book and Page No Pook 98 Page 227 BrB, 3c Responsible Party (for LLC if applicable) 3d Street address 52 South Widgeon Road 3e City state zip Ocracoke North Carolina 27960 3f Telephone no 3g Fax no 3h Email address - - Page 1 of 11 PCN Form - Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other specify 4b Name 4c Business name (if applicable) 4d Street address 4e City state zip 4f Telephone no 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name Randy Higrnte 5b Business name (if applicable) 5c Street address 1255 Juniper Bay Road 5d City state zip Swan Quarter North Carolina 27885 5e Telephone no 252 9165328 5f Fax no 5g Email address Page 2 of 11 PCN Form —Version 1 3 December 10 2008 Version B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) 1 b Site coordinates (in decimal degrees) Latitude 35 10717 Longitude 75 983753 (DD DDDDDD) ( DD DDDDDD) 1 c Property size 17 acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Pamlico Sound proposed project 2b Water Quality Classification of nearest receiving water 2c River basin Pasquotank HUC 03020105 3 Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The property is located in an existing subdivision with residential properties on adjacent lands There is a man made relic mosquito ditch at the rear of the property that extends across several adjacent lots 3b List the total estimated acreage of all existing wetlands on the property 900 sq ft (0 02 acres) 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 3d Explain the purpose of the proposed project The purpose of the project is to fill a man made relic mosquito ditch in order to negate current property erosion as well as eliminate an avenue for flood waters to impacts residential properties A secondary benefit would be to eliminate an area used by snakes mosquitos and other animals 3e Describe the overall project in detail including the type of equipment to be used The project would inivolve clean fill material and appropriate equipment in order to fill an approximate 90 foot x 10 foot wetland area The area will be filled to the elevation of the adjacent high ground and all material will be confined to the permit area 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments 4b If the Corps made the jurisdictional determination what type ®Preliminary [:1 Final of determination was made 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company Name (if known) Josh Pelletier Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5 Project History 5a Have permits or certifications been requested or obtained for El Yes ®No El Unknown this project (including all prior phases) in the past 5b If yes explain in derail according to help file instructions Page 3 of 11 PCN Form — Version 1 3 December 10 2008 Version 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 4 of 11 PCN Form — Version 1 3 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑ Streams tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ —non 404 other) (acres) Temporary T W1 ®P ❑ T Fill ❑ Yes ® Corps 0 02 ® No ® DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 2h Comments Only permitted portion of the man made ditch will be filled 3 Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non 404 width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ .)h Total stream and tributary impacts 31 Comments Page 5 r)f 11 PCN Form —Version 1 3 December 10 2008 Version 4 Open Water Impacts If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑ PEI T 02 ❑ PEI T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6 Buffer Impacts (for DWQ) If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts below If any impacts require mitigation then you MUST fill out Section D of this form 6a ❑ Neuse ❑ Tar Pamlico ❑ Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T im act required? 61 ❑P ❑T El Yes ❑ No B2 ❑ P ❑ T _ ❑ Yes ❑ No — B3 ❑P ❑T ❑Yes ❑ No 6h Total buffer impacts 61 Comments Page 6 of 11 PCN Form — Version 1 3 December 10 2008 Version D Impact Justification and Mitigation 1 Avoidance and Minimization 1 a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project There are numerous previously excavated mosquito ditches located on Ocracoke Island This is a small portion of these ditches that run through the Widgeon Woods Subdivision The current ditches are slowly silting in and causing erosion on adjacent properties Only the portion of the mosquito ditch that effects the applicants property will be impacted 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Containment measures will be utilized in order to ensure that the fill material is confined to the permitted area 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U S or Waters of the State? 2b If yes mitigation is iequned by (check all that appl)) U JWQ ❑ Corps 2c If yes which mitigation option will be used for this project? ❑ Mitigation bank F-1 Payment to in lieu fee program ❑ Permittee Responsible Mitigation 3 Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4 Complete if Making a Payment to In lieu Fee Program 4a Approval letter from in lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan Page 7 of 11 PCN Form — Version 1 3 December 10 2008 Version 6 Buffer Mitigation (State Regulated Riparian Buffer Rules) -- required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b If yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 L 1 5 6f Total buffer mitigation required 6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank permittee responsible riparian buffer restoration payment into an approved in lieu fee fund) 6h Comments Page 8 of 11 PCN Form — Version 1 3 December 10 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Ripar an Buffer Protection Rules? 1 b If yes then is a diffuse flow plan included? If no explain why ❑ Yes No ❑ Comments 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan explain why Wetland area will be filled with clean fill material that will be seeded with 0% impervious surface 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? Hyd County ❑ Phase II 3b Which of the following locally implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4 DWQ Stormwater Program Review ® Coastal counties 4a Which of the following state implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply) ❑ Session Law 2006 246 ❑ Other 4b Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5 DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 9 of 11 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? lb If you answered yes to the above does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA /SEPA)? 1 c If you answered yes to the above has the document review been finalized by the State Clearing House? (If so attach a copy of the NEPA or SEPA final approval letter ) ❑ Yes ❑ No Comments 2 Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water nr Wetland Standards ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 26 0200)? 2b Is this an after the fact permit application? ❑ Yes ® No 2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) 3 Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future impacts) result in F1 Yes No additional development which could impact nearby downstream water quality 3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered no provide a short narrative description 4 Sewage Disposal (DWQ Requirement) 4a 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 Page 10 of 11 PCN Form — Version 1 3 December 10 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protectea species or habitat? ❑ Yes ® No 5b Have you checked with the USFWS concerning Endangered Species Act impacts? ® Yes El No 5c If yes indicate the USFWS Field Office you have contacted ® Raleigh ❑ Asheville 5d What data sources did you use to determine whether your sit- would impact Endangered Species or Designated Critical Habitat? Agency Website 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? No open water impacts 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a WIII this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ® No 7b What data sources did you use to determine whether your site would impact historic or archeological resources? 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA designated 100 year floodplain? ® Yes ❑ No 8b If yes explain how project meets FEMA requirements No habitable structures proposed 8c What source(s) did you use to make the floodplain determination? Survey Applicant/Agent s Printed Name Date Applicant /Agent s Signature (Agents signature is valid only if an authorization letter from the applicant is provided ) Page l l of 11 PCN Form - Version 1 3 December 10 2008 Version /4 rwm ON 0 y 9 1_ j �t�� I�'0`i p�r��i55�0(l A\r- dti1 J �6Y}� 6� L f ?I�1���r5 6 n L d Z98bti££0££ aoinueg o}ny 461H OON dbb ZO Z L £ L aaW 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? _ _ ® Raleigh 5c If yes indicate the USFWS Field Office you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Agency Website 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? No open water impacts 7 Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e g National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources did you use to determine whether your site would impact historic or archeological resources? 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA designated 100 year floodplain? ® Yes ❑ No 8b If yes explain how project meets FEMA requirements No habitable structures proposed 8c What source(s) did you use to make the floodplain determination? Survey qo-,,m &-ey� dtX Applicant/Agent s Printed Name pplicant/A nt s Sigr@ture Date (Agents signature is valid only if an authorization letter from the applicant is provided Ems- APR 1 9 2012 Page 11 of 11`" -►� f PCN Form — Version 1 3 December 10 2008 Version