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
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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
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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.)
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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.
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14 315
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310 311. ,
316 324
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304 317 323
309 308 307 306 305 303 z^, - � 32
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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
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325 326
14 315
313
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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
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COROLLA
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