HomeMy WebLinkAbout20120813 Ver 1_Individual_2012082820120��'3
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261 -7707 fax (252) 261 -2965
August 23, 2012
Ian McMillian
NC Division of Water Quality
Wetlands and Stormwater Branch
1650 Mail Service Center
Raleigh, NC 27699 -1650
RE: Individual Permit Application- Allis Holdings, LLC
The Town of Duck, Dare County
Dear Mr. McMillian,
� D
AUG 2 8 2012
DENR - WATER QUALITY
This correspondence is in response to your letter dated July 31, 2012 for an application to impact
0.50 acres (21,780 square feet) of Section "404" jurisdictional wetlands associated with the
construction of a commercial building and parking located at 1240 Duck Road adjacent to the
Currituck Sound in the Town of Duck, Dare County, North Carolina.
The following information is being submitted as part of the permit application.
• Five copies of the permit application and supporting documentation.
• Five copies of the site plan and overall parcel plan view.
• Response letter to U.S. Army Corp of Engineers letter dated November 1, 2011
requesting additional information.
• A check for $240 made payable to NCDENR
We request that you continue with the review process and if you have questions or need
additional information please contact me at 252- 261 -7707 or 252 -599 -2603.
Sincerely,
ouglas A. Do an ��
Atlantic Environmental Consultants, LLC
Cc: Josh Pelletier, U.S. Army Corp of Engineers
ATTACHMENT A
Allis Holdings, LLC — Individual Permit Application
Block 19. Project Purpose:
The purpose for requesting an Individual Permit is to fill 0.50 acres of U.S.
Army Corp of Engineers Section 404 jurisdictional wetlands is for the
construction of a 4,000 square foot commercial building, parking and a storm
water retention area. The commercial building will support several businesses
in the immediate area where retail space is at 100% occupancy and currently
has a waiting, list.
Approval of the permit will provide some much needed short term employment
during the construction phase of the project as well as long term employment
for business owners and employees after construction is complete. In a
search of the MLS real estate listings on September 27, 2011 for the Town of
Duck there is.currently no vacant - commercial land- available to purchase,
therefore this site would provide a valuable and needed benefit to the owners
and community. In addition the new businesses will provide additional tax
base for financially strained local, state, and federal governments.
When the permit is issued the proposed work will take place immediately and
completion -of the project is-scheduled-for the late spring-of-2012.
Block 22. Surface Areas in Acres of Wetlands or Other Waters Filled:
There is a total of 25,585 square feet of Section 404 wetlands located on the
subject property consisting of small trees, shrub and herbaceous vegetation.
The proposed -area to be filed is, 0.50 acres of- Section 404 wetlands,. located
adjacent to the Currituck Sound, and is located outside the 75' Area of
Environmental Concern (No CAMA Permit required). Once permits are in
place, the proposed fill -will be trucked in from_a commercial source and spread
using a front end loader and tractor with a box blade. The area of disturbance
will be surrounded by silt fence prior to any land disturbing activities for
erosion control purposes. The exposed areas around -the foundation will -be
seeded and or landscaped to stabilize the fill and disturbed areas.
20120613
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710 -0003
133 CFR 325/ 1 Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202 -4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710 - 0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
ITEMS 7 THRU 4 TO BE
FILLED BY THE CORPS
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
NVIA.- -11 —.1 r
5. APPLICANT'S NAME
8. AUTHORIZED AGENT'S NAME AND TITLE fan spent is not recuiredl
Allis Holdings, LLC
Doug Dorman, Environmental Consultant
6. APPLICANT'S ADDRESS
9. AGENT'S ADDRESS
PO Box 1544, Virginia Beach, VA 23451
PO Box 3266, Kitty Hawk, NC 27949
7.. APPLICANT'S PHONE NOS. W /AREA CODE
10. AGENT'S PHONE NOS. W /AREA CODE
a. Residence 252 - 202 -2107
a. Residence 252- 261 -77007
b. Business 252- 202 -2107
b. Business 252 -261 -7707
11. STATEMENT OF AUTHORIZATION
hereby authorize, DOuq Dorman to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY � _ Til n n rrm
12. PROJECT NAME OR TITLE iseeinstructions.
Allis Holdings, LLC Duck retail shopps
'13. NAME OF WATERBODY. IF KNOWN atanw —hi
Currituck Sound
15. LOCATION OF PROJECT
Dare North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
Property adjacent to the water tower in Duck.
14. PROJECT STREET ADDRESS ldeppl7cabtel rye
1-11 Z7
1240 Duck Road
Duck, NC 27949
JJFG2 83 2012
17. DIRECTIONS TO THE SITE
North on NC 12(Duck Road)into the the town of Duck. Property on left north of the Duck water
tower.
G FORM 4345, Jul 97 EDITION OF FES 94 IS OBSOLETE. (Proponent: CECW -OR)
18. Nature of Activity (Description of project, include all features)
Construction of a 4,000 square foot commercial building with 25 parking spaces for the
proposed building and overflow parking for the adjacant Water Front Shops. A storm water
treatment area will also be constructed that will collect on site runoff. Wastewater
treatment will be pumped to an existing off site treatment facility.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
See attachment A.
USE BLOCKS 20 -22 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
The fill material will provide a stabile compact base for the construction of the proposed
building and parking area.
21. Types) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
Clean fill will be trucked in from a permitted mine site for the base of the construction
site. Approximately 2,400 cubic yards of material will used.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
See attachment A. 0.50 acres of wetlands will be filled.
23. Is Any Portion of the Work Already Complete? Yes E= No " IF YES. DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
Dare County Phantom Enterprises
PO Box 1000 PO Box 308
Manteo, NC 27954 Youngstown, PA 15696 -0308
25. List of Other Certifications or Approvals /Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAI + mcsrn CI •A- nA� hi umrn
AGENCY
-- --- -...a, __.._...a _.. ..--- I -- r-.....,.
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this
application is complete and accurate. I further certify that 1 possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE A OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than S 10,000 or imprisoned not more than five years or both.
--
-
w.• n
uP%tc hrruev uA1t APPROVED DATE DENIED
'Would
include but is not
raetrietari to L —;1.
i ... A a, 1 _1 -:_ _
-- --- -...a, __.._...a _.. ..--- I -- r-.....,.
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this
application is complete and accurate. I further certify that 1 possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE A OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than S 10,000 or imprisoned not more than five years or both.
T IN REPLY REFER T1
ST�iES.oF.P
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889 -1000
November 1, 2011
Regulatory Division
Action ID No. SAW 2011 -01897
Mr. Jim Braithwaite
Allis Holdings, LLC.,
Post Office Box 3266
Kitty Hawk, North Carolina 27949
Dear Mr. Braithwaite
This correspondence is in regards to your application for Department ' of the Army (DA)
authorization to impact 0.50 acres (21,780 square feet) of Section 404 jurisdictional wetlands
associated with constructing a commercial building facility with associated parking located at
1240 Duck Road, just south of the Duck Waterfront Shops, west of NC Highway 12, adjacent to
the Currituck Sound, in the Town of Duck, Dare County, North Carolina.
Review of your application revealed that the plans you furnished are inadequate for our
processing. Additionally, pursuant to 33 CFR Part 325.1, Processing of Department of the Army
Permits, your application did not include a statement describing how impacts to waters of the
United States are to be avoided and minimized. Accordingly, to enable us to evaluate your
application in full compliance with the Section 404 (b)(1) Guidelines, we request that you provide
the following information to us in writing:
1. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding your analysis of any other alternatives, including upland alternatives, to the
work for which you have applied and provide justification that your selected plan is the least
damaging to waters and/or wetlands.
2. It is necessary for you to have taken all appropriate and practicable steps to reduce
wetland losses. Please indicate all that you have done, especially regarding modification of your
plans and proposed construction techniques, to minimize adverse impacts to waters and/or
wetlands associated with this project.
3. Review of your project plans indicates the presence of a "Proposed Property Line" along
the western side of the project. You must describe what this means and what is the ultimate
disposition of the entire tract of land. Please be advised that these questions must be answered
before we can make a final permit decision.
4. Your application indicates that you propose to utilize silt fencing to retain the fill
material within the project area. Please be aware that silt fencing is not the equivalent of
bulkheading and that if silt fencing is used, it must be placed at the very toe of the fill area that has
been appropriately sloped back to preclude overwhelming the silt fencing with sediments.
5. You must also submit the following drawings: a) Geographical location map showing
the location of your property with respect to the surrounding road net, nearby towns, and
prominent landmarks; b) Plan (overhead) view indicating the position and alignment of your
proposed work with respect to legal property boundaries, low and high water elevation contours,
areas of wetlands, and other significant property features; and c) Elevation (side) view or
cross - sectional view indicating the specific details of your work, including appropriate side slopes.
As all plans must be reproduced photographically, your plans must show the fill areas as dots,
hatching, or similar graphic symbols.
6. Although not required for your application to be deemed complete, you should also
submit copies of the wetland determination forms associated with the delineation of DA wetlands
jurisdiction on this property pursuant to the Atlantic and Gulf Coastal Plain Regional Supplement
(Version 2.0). Additionally, as the drawing you submitted with your application depicts a
"Proposed Property Line ", you must also submit information related to the presence of waters and
wetlands jurisdiction that exists on the entire tract of land.
Thank you for your time and cooperation. The information requested above should be sent
to Mr. Josh Pelletier of my staff at Post Office Box 1000, Washington, North Carolina 27889.
The Wilmington District is committed to providing the highest level of support to the public. To
help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at
our website at 12qp://reizulatoly.usacesurvey.com/. If you have any questions, please contact Mr.
Pelletier at telephone (910) 251 -4605.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
F
Copies Furnished:
Mr. Doug Dorman
Atlantic Environmental Consultants
Post Office Box 3266
Kitty Hawk, North Carolina, 27949
Mr. Ian McMillan
North Carolina Department of Environment
and Natural Resources
Division of Water Quality/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Mr. Frank Jennings
North Carolina Department of Environment
and Natural Resources
Division of Coastal Management
1367 U.S. 17 South
Elizabeth City, NC 27909
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
3
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261 -7707 fax (252) 261 -2965
June 12, 2012
Josh Pelletier
US Army Corp of Engineers
PO Box 1000
Washington, NC 27889
RE: Revised Individual Permit Application- Allis Holdings, LLC
The Town of Duck, Dare County
Dear Mr. Pelletier,
This correspondence is in response to your letter dated November 1, 2011 for an
application to impact 0.50 acres (21,780 square feet) of Section 404 jurisdictional
wetlands associated with the construction of a commercial building and parking
located at 1240 Duck Road adjacent to the Currituck Sound, in the Town of
Duck, Dare County, North Carolina.
Upon further review of the commercial properties available in the Town of Duck it
has been determined that there is currently no commercial properties available at
this time and the Waterfront Shops have a waiting list for any retail space that
would come available. Enclosed is a letter from Jim Braithwaite (Allis Holdings,
LLC) stating the demand for additional space as well as the commercial real
estate listings in the Town of Duck indicating that no commercial property is
available in Duck.
In an effort to simplify the stormwater review process a parcel labeled with
"proposed property line" was created, However after further review it has been
determined this will actually make this more complicated, therefore the
application is being submitted without the "proposed property line ".
In regards to the concerns about the silt fence. The silt fence will be installed at
the toe of the fill area and the fill will be seeded for stabilization. The silt fence is
not to be installed -to act as a bulkhead but rather to- temporarily stop sediment
from entering the wetlands outside the work area until the fill slope has had a
chance to stabilize.
We have also included a cross section of the proposed site plan which shows the
approximate elevations and location building. We request that you continue with
the application process and if have questions or need additional information
please contact me at 252 - 261 -7707.
Sincerely,
Doug as A. Dorman
Atlantic Environmental Consultants, LLC
Jim Braithwaite
Allis Holdings, Inc.
P.O. Box 1544
Virginia Beach, Virginia 23451
I, authorize Doug Dorman of Atlantic Environmental Consultants, LLC (AEC)
to act on my behalf as my agent in the processing of applications and to
furnish, upon request, supplemental information in support of the permit
application.
f�
�i2
rte.
�
TH RIZATION
DATE
November 14, 2011
Doug Dorman
Atlantic Environmental, Inc.
4812 North Covered Bridge Lane
Kitty Hawk, N. C. 27949
Dear Mr. Dorman:
I look forward to working with you on my proposed retail addition at The Waterfront Shops in
Duck, N. C. We have expanded this complex several times over the last twenty five years in an
effort to keep pace with demand and ensure its success. We have a large waiting list of tenants
who love how this property and the shops flow together particularly with the new town
boardwalk. My tenants had one of their best years in history.
Even though this is a small addition, it will add a lot to my shopping center and create a more
shopping friendly environment. We would like to make this a park like setting with benches,
walkways and wildlife lookout areas. We have the opportunity to design something special and
look forward to you helping us bring this to fruition. I have enclosed some pertinent information
about the community which you might find useful. I look forward to seeing you soon.
Sincerely,
Jim Braith aite
Allis Holdings, LLC.
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NOTES
1. APPLICANT/PROPERTY OWNER: ALLIS HOLDINGS L.L.C.
c/o JIM BRAITHWAITE
P.O. BOX 2451
KIM HAWK, INC 27949
2' SUBJECT PROPERTY: DUCK YAJERFRONTSHOPPE3
1240 DUCK ROAD, oocx xn 27949
p/w uaoe 11 ro woo
�o. 1812 PC. unn
3' ZONING: VC — VILLAGE COMMERCIAL
4 LOT AREA = 6.746 AC. f`/—
5. CURRENT DEVELOPMENT. DUCK WAJERFRONTSHDPPES
A MIXED USE GROUP DEVELOPMENT WITH
RETAIL SHOPS, upnnoS, COFFEE SHOP, VEGETABLE STAND AND
EATING ESTABLISHMENTS. (CONDITIONAL USE |m vn ZONING DISTRICT)
'HIS PLAN 0 INTENDED TO PROVIDE AN OVERVIEW OP THE DEVELOPMENT AND IS FOR
qFORMATIONAL PURPOSES ONLY. THE INFORMATION IS BELIEVED TO BE ACCURATE,
X)MPLETE. AND CURRENT, HOWEVER, 8PG INC. MAKES NO WARRANTY AOTDTHE
kCCURACY, COMPLETENESS OR CURRENCY Op THE CONTENT.
^. "
��^^� ` - S
SURVEY LEGEND
aowB =
EXISTING CONCRETE MONUMENT
a/? 0 =
EXISTING IRON ROD
ROADWAY RIGHT—OF—WAY
-----�-�~---~�~~~~�~--
s*R 0 =
PROPERTY BOUNDARY
sm, 80=
ROADWAY CENTERLINE
-------------------'
___________*ETI-ANo
LINE ll!L
. ... .~~'_~ --- _- ... _- ... --'~--
s*nmsuws
-------------- cxISnxa WASTEWATER
=
sx/snwnTonpsn»ws PARKING aDRIVE
90 =
sx/snwo nCOMPACTED amLPARKING &umvc
SURVEY LEGEND
aowB =
EXISTING CONCRETE MONUMENT
a/? 0 =
EXISTING IRON ROD
a»p 0 =
EXISTING OPEN PIPE
s*R 0 =
EXISTING PINCHED IRON PIPE
sm, 80=
SETIRON ROD
zusr =
DISTURBED
am° =
EDGE OF PAVEMENT
=
CENTERLINE
=
RIGHT DFWAY
90 =
POWER POLE
�X =
FIRE HYDRANT
/
=
NOW OR mmuERo /
DARE COUNTY /
D.B. 485 PG. 720
P.C. o m- 13r
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PHANTOM ENTERPRISES
o.o^822, pa: 506
p,OAD N-C. 12
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40 so
( DJ FEET )