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HomeMy WebLinkAbout19961171 Ver 1_Complete File_19970115State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director IDEHNR January 15, 1997 Currituck County DWQ Project # 961171 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Mickey Hayes Kitty Hawk Land Co. 3628 N. Croatan Hwy. P' o . 9N Kitty Hawk, NC 27949 Dear Mr. Hayes: You have our approval to place fill material in an additional 0.2 acres of wetlands or waters for the purpose of constructing a residential development at the Currituck Club, as you described in your application dated 19 December 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. An additional mitigation area of 0.2 acres shall be constructed adjacent to existing wetlands or another restoration area. Written DWQ approval is required for this mitigation plan before construction begins. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. If you do not accept any of the conditions of this certification, you may ask for an. adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919 - 733 -1786. Sincerel ti Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Washington DWQ Regional Office i6hd -1 orng' Central Files 961171.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919- 733 -1786 FAX # 733 -9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper Soil & Environmental Consultants, Inc. 244 West Millbrook Road 0 Raleigh, North Carolina 27609 ■ (919) 846 -5900 0 Fax (919) 846 -9467 NC DEHNR - DWQ Water Quality Planning Attn: Mr. John Dorney 4401 Reedy Creek Road Raleigh, NC 27607 DES 2 7 M December 19,1996 .,,.. WEH Corps of Engineers WATER° egulatory Branch Attn: Mr. Art Coppolla 107 Union Drive, Suite 202 Washington, NC 27889 Dear Mr. Dorney and Mr. Coppolla: The purpose of this letter is to request additional Nationwide Permit 26 impacts and a 401 Water Quality Certification for the project known as the Currituck Club. The project is east of NC Highway 12 as shown on the enclosed plans and vicinity map. We have previously submitted for golf course and road construction impacts for the project_ and plans are now to the point that development impacts can be finalized. We previously discussed this project in the office and on -site with the Corps and DWQ. Overall the engineer, architect and developer have minimized impacts to high and medium value wetlands to the greatest extent possible. Considering the amount of wetland on -site they have done an excellent job in wetland avoidance. Additional fill in Waters of the U.S. will be required to develop the final phases of the residential portion of the site. It will be necessary to impact an additional 0.20 acres of isolated jurisdictional Waters of the U.S. for placement of the proposed facilities (see attached map for impact location and size). Previous impacts are not shown on the attached map to avoid confusion but are described in attached Table 1 and are shown on previous submittals. Once this final application is processed, the engineer will prepare a final over -all map showing all impact locations and "sizes for your files. The plans for the development have been finalized; upland areas have been utilized as much as possible. Each proposed impact area in the current application have been examined and almost all are to low quality, marginal, small isolated wetlands. To expedite the permitting process and to ease the process for everyone involved, the following individuals /agencies have been provided with a Soil /Site Evaluation ■ Mapping and Physical Analysis ■ Wetlands Mapping and Mitigation ■ Environmental Audits On -Site Waste Treatment Systems, Evaluation and Design r complete copy of this entire, application package: USF&WS, NC Department of Cultural Resources, CAMA (Elizabeth City) and National Marine Fisheries. Detailed plans for the residential pods are in their final version. It is anticipated that no additional wetland impacts will be necessary for the project in the future. None of the proposed impacts are inconsistent with previous agreements between our clients, the Corps and /or NC Cultural Resources. If you intend to perform a site visit, please call and we can arrange for someone to accompany you. Sincerely, wm c /put), Kevin C. Martin President Note: The map showing impact locations is being Fed -Exd to you under a separate cover by Quible & Associates. It will arrive overnight on 12/20/96. It is labeled Amended Sketch Plan No. 8,12/18/96,404 Fill Permit Third Application. cc: (w /enclosures) USF &WS NC Department of Cultural Resources CAMA (Elizabeth City) , National Marine Fisheries KCM /mag TABLE 1 Wetland Impacts by Permit Type Permit Type Previous Application(s) Current Application Total NW 26 2.68 ac. 0.20 2.88 NW 14 0.113 ac. none 0.113 NW 18 0.10 ac. none 0.10 b 9 Grand Total 3.093 All impacts currently requested are for lot fill and/or driveways (see map by Quible & Associates). DEM m: 961171 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): 26 JOINT FORM FOR Nationwide Permits that Require Notification to the Corps of Engineers - Nationwide Permits that Require Application for Section 401 Certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402 -1890 ATTN: CESAW -CO -E Telephone: (919) 251 -4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626 -0535 ATTN: MR. JOHN DORNEY Telephone: (919) 733 -5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE TYPE OR PRINT. 1. Owners Name: Kit Hawk Land Com an Attn: Mr. Mickey Ha es 2. Owners Address: 3628 N. Croatan HighwU, Kit Hawk NC 27949 D - 6 6J( aQ-9 3. Owners Phone Number (Home): (Work): 4. If Applicable: Agent's name or responsible corporate official, address and phone number: Soil & Environmentsl Consultants, Inc. Phone: (919) 846 -5900 244 West Millbrook Road Raleigh, NC 27609 5. Location of Work (MUST ATTACH MAP): County: Nearest Town or City: Between Duck and Corolla Specific Location (Include road numbers, landmarks, etc.): West of NC Hi hwa 12 see attached vicini!y map 6. Name of Closest Stream /River: Currituck Sound 7. River Basin: North Landing River 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS II? YES ( X) NO ( ) 9. Have any Section 404 permits been previously requested for use on this property? YES (X ) NO ( ) If yes, explain. NW 26 - 2.88, NW 14 - 0.113, NW 18 - 0.10 acres 10. Estimated total acres of waters of the U.S.; including wetlands located on project site: Unknown over 75 11. Acres of waters of the U.S.; including wetlands impacted by the proposed project: I Ii ► Filled: 0.20 Drained: Flooded: Excavated: Total Impacted: 0.20 12. Description of proposed work (attach PLANS - 81/2" X 11" drawings only): Residential development 13. Purpose of proposed work: Allow construction of development maximizing upland use and mimimizing wetland impacts 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. see attached letter by S &EC 15. You re required to contact the U.S. Fish and Wildlife Service (USFWS) and /or National Marine Fisheries Service (NMFS) regarding the presence of any Federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES (X ) NO ( ) NA ( ) RESPONSES FROM THE USFWS AND /OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Have you done so? YES ( X) NO ( ) NA ( ) RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO THE CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams and lakes on the property. B. If available, include representative photograph of wetlands to be impacted by project. C. If_a.delineation was performed by a consultant, include all data sheets relevant to the placement of delineation lines. D. If a stormwater management plan is required for this project, include copy. E. What is the land use of surrounding property? _Undeveloped or residential /vaction homes_ F. If applicable, what is the proposed method of sewage disposal? _Municipal land application_ Agent's Signature Date T- - - - — - . =r: { o Hwy. 12- ISE u b ® Project n tits zial"664ww LOW LUS iM J i y tt� • IC �, „-• a e z ' 4& ., 1 + r' If v 1 l C WMA to .J•ttt v • � � ! � scut a , 1 � 0 1 « wes I 1 r SOIL AND ENVIRONMENTAL CONSULTANTS, INC. PROPOSAL ACCEPTANCE AND AGREEMENT FOR 'PROFESSIONAL SERVICES This Agreement made this 1 day of December 19 94 by and between client) at (street address) and Soil and (hereinafter referred to as 20 A/. Mo�7�cl P. • fax . 27,1) Consultants, Inc. (herei Bmr referred to as Consultant) at 244 West Millbrook Road, Raleigh, North Carolina 27609. WITNESSE'IT3: WHEREAS, Client desires to contractwith Consultant to perform services pertaining to Clients project known as —4 Ic� ( hereinafter referred to as Project) located at street address) WHEREAS, Consultant is engaged in the business of providing professional services and has submitted a proposal offering to perform services for client NOW, TIEREFORE, in consideration of the Mutual Covenants and Promises included herein, Client and Consultant agree as follows PROPOSAL ACCEPTANCE - Client hereby accepts Consultants proposal referenced below. CONTRACT DOCUMENTS - "Contract Documents" shall mean,this document as well as proposals and other documents listed below under PROFESSIONAL SERVICES TO BE RENDERED. PROFESSIONAL SERVICES TO BE RENDERED - Consultant will provide Professional Services for the Project as indicated in Proposal dated the 1 day of December 19 94 which is included and incorporated herein. (Brief description of services or if a proposal was not submitted describe services to be provided and attach fee schedules.) r rr AA ` '� CONSULTANT HEREBY GIVES.NOTICE OF TTS OBJEC'T'ION TO ANY )EFFERENT OR ADDITIONAL TERMS AND CONDITIONS. . . Consultant hereby advises that its performance of this agreement is expressly conditioned on client's assent to the terms and conditions detailed herein ENTIRE AGREEMENT - This agreement, including the Contract Documents, represents the entire understanding and agreement between the parties hereto relating to the Services and superseded any all prior agreements, whether written or oral, that may exist between the parties regarding same.. To the extent that any additional or different terms or conditions conflict with the Terms and Conditions of this Agreement; the Terms and Conditions of this Agreement shall govern No amendment or modification to this Agreement or any waiver of any provisions hereof shall be effective unless in writin& signed by boot parties. IN WnNFSS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative. i � z 0 m m U 0 M 0 0 0 Cn z Q 0 i OCEAN SANDS SUBDIVISION CROWN POINT . d lgC�'�TjC ' V 3 325 326 14 315 313 t 310 311. , 316 324 312 304 317 323 309 308 307 306 305 303 z^, - � 32 — — — — 302 318 DEC. 18, 1996 404 FILL PERMIT — THIRD APPLICATION 7 DEC. 18, 1996 404 FILL PERMIT — TRADE OF PREVIOUS PERMITS Quible and Associates , P-CE 6 Sept. 3, 1996 Added new Amenities area and revised Phase 3 Lot configuration _ 5 May 20, 1996 Revised as per Planning Review ENGINEERS * ENVIRONMENTALISTS * SURVEYORS * PLANNERS * LANDSCAPE ARCHITECTS 4 April 22, 1995 AMENDED SKETCH PLAN P.O. DRAWER 870 KITTY HAWK, NORTH CAROLINA 27949 3 AUGUST 8, 1995 SHOW SEWAGE AND IRRIGATION PUMP STATION LOCATIONS PHONE (919) 261 -3300 FAX (919) 261 -1260 2 JUNE 29, 1995 404 FILL PERMIT (SECOND APPLICATION) 1 FEB 27, 1995 404 FILL PERMIT ACAD FILE: 92009SKT.DWG FILE: P92009 DATE: 5/15/95 NO. F DATE REVISION / OCEAN SANDS SUBDIVISION 656 SF WETLANDS FILL AREAS CURRENTLY REQUESTED OCEAN SANDS SUBDIVISION GRAPHIC SCALE '00 0 400 ( IN FEET 1 inch = 200 ft. ANOTHER FINE COMMUNITY by 11'11 T Y HA ;TK LAAW COMPANY P.O. Box 229 Kitty Hawk, North Carolina 27949 (919) 261 -2131 Golf Course Design Rees Jones, Inc. Charles J. Mickey Hayes, Jr. Landscape Architect Kitty Hawk, North Carolina 27949 Sales Mike Nolan 800 - 465 -3972 919- 441 -7466 L — COROLLA J O Q' v co r z 0 m m U 0 M 0 0 0 Cn z Q 0 i OCEAN SANDS SUBDIVISION CROWN POINT . d lgC�'�TjC ' V 3 325 326 14 315 313 t 310 311. , 316 324 312 304 317 323 309 308 307 306 305 303 z^, - � 32 — — — — 302 318 DEC. 18, 1996 404 FILL PERMIT — THIRD APPLICATION 7 DEC. 18, 1996 404 FILL PERMIT — TRADE OF PREVIOUS PERMITS Quible and Associates , P-CE 6 Sept. 3, 1996 Added new Amenities area and revised Phase 3 Lot configuration _ 5 May 20, 1996 Revised as per Planning Review ENGINEERS * ENVIRONMENTALISTS * SURVEYORS * PLANNERS * LANDSCAPE ARCHITECTS 4 April 22, 1995 AMENDED SKETCH PLAN P.O. DRAWER 870 KITTY HAWK, NORTH CAROLINA 27949 3 AUGUST 8, 1995 SHOW SEWAGE AND IRRIGATION PUMP STATION LOCATIONS PHONE (919) 261 -3300 FAX (919) 261 -1260 2 JUNE 29, 1995 404 FILL PERMIT (SECOND APPLICATION) 1 FEB 27, 1995 404 FILL PERMIT ACAD FILE: 92009SKT.DWG FILE: P92009 DATE: 5/15/95 NO. F DATE REVISION / OCEAN SANDS SUBDIVISION 656 SF WETLANDS FILL AREAS CURRENTLY REQUESTED OCEAN SANDS SUBDIVISION GRAPHIC SCALE '00 0 400 ( IN FEET 1 inch = 200 ft. ANOTHER FINE COMMUNITY by 11'11 T Y HA ;TK LAAW COMPANY P.O. Box 229 Kitty Hawk, North Carolina 27949 (919) 261 -2131 Golf Course Design Rees Jones, Inc. Charles J. Mickey Hayes, Jr. Landscape Architect Kitty Hawk, North Carolina 27949 Sales Mike Nolan 800 - 465 -3972 919- 441 -7466 L — COROLLA J O Q' v co I r