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HomeMy WebLinkAbout20131104 Ver 1_401 Application_20131013TRANSMITTAL Date: October 3, 2013 20131104 (� Quible SINCE 1939 & Associates, P.C. ENGINEERING a CONSULTING ; PLANNING ENVIRONMENTAL SCIENCES a SURVEYING Phone: (252) 281 -3300 Fax: (252) 281 -1280 Web: www.quible.com Re: John F. Conner Jr. Pre - construction Notification (PCN) Form Ms. Laurie Dennison NC DENR — DWQ WBS Compliance & Permits 1650 Mail Service Center Raleigh, NC 27699 -1650 Dear Ms. Dennison ,r R_ Lr§ae� OCT 1 5 2013 Enclosed are five copies of an a USACE/DWQ Pre - Construction Notification Form (PCN) for a USACE NW #18 /DWQ 401 Certification application proposing fill of 0.09 of an acre of jurisdictional section 404 wetlands. Included with the application are five copies of the plat depicting the proposed project, and the pre - construction notification form, and a letter of mitigation credits from the Great Dismal Swamp Restoration Bank, LLC. Thank you for your attention to these submittals. Please review and let if you have questions or need additional information. S' cerely, Jo S. Lassiter, Senior Environmental Scientist Quible & Associates, P.C. Cc: Brian Rubino, Quible, John Conner, Jr., Josh Pelletier, USACE 0 \ 2012 \p 12081 \Drcwjngs \Pl2081 —nat78 90.00' 5 50'34'02'E '2013 11.27 AM MHurdle 0 N� — — 57.50'- — — ,, 1 49 v i y v' w may. y, v r y y I y yiW U .y ti � .v �y{NETLANDSy, '' I �V y yI v, y V W y I PROPOSED I Y I WETLAND FILL IV y w 4,203 SF PROPOSED I (0.1 AC) y- W W SILT FENCE I v l .v y 100 LF I w -V I " O � O .L m N 2 - 1 � — X PROPOSED GRAVEL PARKING 4,094 SF LEGEND O - EXI5TINO IRON PIPE, EIP - EXI577NO IRON ROD, EIR O - CALCULATED POINT ,-01- UTILITY POLE /1 {) - WETLAND FLAG 69.16' — 5 60° 34'02"E PROPOSED COVERAGE 5,264 SF (23 82%) �n ti N 115.67' 5 60 ° 34'02' E NG 12 NOT A BOUNDARY SURVEY. 60' R/H NOT INTENDED FOR CONVEYANCE OF FROPERTY. PROJECT COPYRIGHT © 2013 QUIBLE & ASSOCIATES, P.C. P 12081 THIS DOCUMENT IS THE PROPERTY OF QUIBLE & ASSOCIATES, PC ALL RIGHTS ARE DRAWN BY RESERVED. ANY. REPRODUCTION OF THIS OR POSSESSION WITHOUT PRIOR PERMISSION OF JMH QUIBLE & ASSOCIATES, PC WILL CONSTITLTE ENVIRONMENTAL SCIENCES • SURVEYING VIOLATION OF COPYRIGHT LAWS VIOLATICt4 CHECKED BY WILL BE SUBJECT TO LEGAL ACTION BDR IF THIS PLAN OR PLAT IS NOT SIGNED AL,D Phone: (252) 261 -3300 I SEALED BY A LICENSED PROFESSIONAL TH_N Fox: (252) 261 -1260 THIS PLAN OR PLAT SHALL BE CONSIDERED DATE PRELIMINARY AND NOT A CERTIFIED DOCUMENT AND SHALL NOT BE USED FOR CONSTRUCTION. 09/04/13 RECORDATION, SALES OR LAND CONVEYANC_S. irrr rrr ri rri rrr rri /rri rrr rri r rri rrr rri // e' rr rrr rr�,�i� rr i r rri rrr rir r rri rrr � rr rrr rrf rrr rrr rri r r� r rr rrr ' V ICIN ITY MAP #45) Q OCT 1 5 ?013 PROPOSED GRAVEL DRIVE 1,170 SF NOM - PIN#. 0536 - 0769 -3215 PARCEL #• 017009/2/ - PARCEL AREA- 22,09544 5F r 0.51 AC - ARE45 BY COORDINA7E t-E i D - R6TREMGE DO 393, P5 624 - B'.YWARY 5MOM BA5ED ON 5bRVEY BY TR/AN&LE ENGINEERING AND 5WvL -y/h6, /NC DATED 10103/79 AND DARE Ca#VTY TAX 1NFGteM77CN - F/6_0 SURVEY DATE- 0016643 - PROPERTY 15 LOCATED IN Fl R_ M. ZONE AE' (EL 6) PANEL# 373005 -:W bJ DATED 09/20106. (5 5-ECT TO CHAASE BY FEMA) /0.67' USACE NATIONWIDE 18 FOR E Quible SINCE' 1959 JOHN F. CONNER, JR. & Associates, P.C. PARCEL IN BUXTON ENGINEERING • CONSULTING * PLANNING HATTERAS TOWNSHIP DARE COUNTY ENVIRONMENTAL SCIENCES • SURVEYING NORTH CAROLINA NC License #: C -0208 0 40 80 PO Drawer 870, Kitty Hawk, NC 27949 Phone: (252) 261 -3300 I Fox: (252) 261 -1260 GRAPHIC SCALE IN FEET 1"=40 E —Mail: administrator®quible.com ,V of WA Office Use Only: 2 0 1 3 1 1 0 4 Corps action ID no. DWQ project no. Form Version 1.0 November 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. 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 1 e. 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 in -lieu fee program. ®'Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® 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: John F. Conner Jr. 2b. County: Dare 2c. Nearest municipality / town: Buxton 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information OCT 1 5 3a. Name on Recorded Deed: John F. Conners, Jr. DB 393/ PG 0624 jt WA Omani 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: P.O. Box 71 3e. City, state, zip: Buxton, NC 27920 3f. Telephone no.: 252.216.5624 3g. Fax no.: NA 3h. Email address: NA Page 1 of 11 PCN Form — Version 1.0 November 2008 Version a Section A. Applicant Information, continued 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: Brian Rubino 5b. Business name (if applicable): Quible & Associates, P.C. 5c. Street address: P.O. Drawer 870 5d. City, state, zip: Kitty Hawk, NC 27949 5e. Telephone no.: (252) 261 -3300 5f. Fax no.: (252) 261 -1260 5g. Email address: brubino ®quible.com Page 2 of 11 PCN Form — November 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): PRN 13233 1 b. Site coordinates (in decimal degrees): 35.1069'N - 75.9700'W 1c. Property size: 0.69 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: SA 2c. River basin: Tar- Pamlico 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: undeveloped commercial property with a combination of vegetated and mowed uplands and Section 404 wetlands. 3b. List the total estimated acreage of all existing wetlands on the property: 0.29 ac. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The purpose of this wetland impact permit request is for minor wetland fill impacts associated with the fill of 0.0 acres of non - riparian Section 404 wetlands for a residential homesite. The on -site septic treatment system will be located on Lot 29 as permitted by Hyde county Health Dept. (see emclosed Improvement Permit). 3e. Describe the overall project in detail, including the type of equipment to be used: Proposed building construction and associated grading will require minor wetland impacts. Equipment will include backhoe, dump trucks and compactors. 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? 4b. If the Corps made the jurisdictional determination, what type ® Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Josh Pelletier, US Army Name (if known): Quibie &Associates, P.C. Corps of Engineers Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. See attached information 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 11 PCN Form — Version 1.0 November 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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. 20. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of Type of wetland Forested (Corps - 404, 10 Area of impact (acres) Permanent (P) or impact (if known) DWQ — non -404, other) Temporary shrub- forested ® Corps W1 ®P ❑ T fill El Yes ® No ® DWQ 0.094 non-riparian W2 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W3 ❑ P [IT ❑ Yes ❑ No Corps ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ 2g. Total wetland impacts 1 0.10 2h. Comments: a 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. Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact number - impact intermittent (INT)? length Permanent (P) or (linear feet) Temporary (T) S1 ❑ P ❑ T ❑ PER ❑ INT S2 ❑ P ❑ T ❑ PER ❑ INT S3 ❑ P ❑ T ❑ PER ❑ INT S4 ❑P ❑T [I PER El INT S5 ❑P ❑T El PER [I INT S6 ❑ P ❑ T ❑ PER ❑ INT 3g. Total stream and tributary impacts 3h. Comments: na Page 4 of 11 PCN Form — Version 1.0 November 2008 Version C. Proposed Impacts Inventory, continued 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 o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of impact number waterbody Type of impact Waterbody type Area of impact (acres) — Permanent (if (P) or applicable) Temporary 01 ❑ PEI T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T M. Total open water impacts 4g. Comments: na Page 5 of 11 PCN Form — November 2008 Version C. Proposed Impacts Inventory, continued 5. Pond or Lake Construction If pond or lake construction pro osed then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: na 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. 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 y ou MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse El Tar-Pamlico ❑Other: ❑ Catawba ❑ Randleman 6b. Buffer impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) Bi ❑P ❑T ❑Yes ®No B2 ❑ PEI T El Yes ❑No B3 ❑P ❑T El Yes El No 6h. Total buffer impacts 6i. Comments: na Page 6 of 11 PCN Form — November 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. Fill has been limited to the area required to provide adequate room for the ingress, egress and storage of boats/trailers. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing to be maintained until disturbed area is stabilized with grass.. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ® Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Dismal Swamp 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 mltlgatlon, 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: 0.094 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h.. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Ea. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. na Page 7 of 11 PCN Form — Version 1.0 November 2008 Version D. Impact Justification and Mitigation, continued 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 Reason for impact Total impact (square feet) Multiplier Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 6c. 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). na 6d. Comments: Page 8 of 11 PCN Form — November 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 Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? ❑ Yes ❑ No 2. Determination if the Project Requires a Stormwater Management Plan 2a. Does the project require a Non -404 Jurisdictional General Permit? ❑ Yes ® No 2b. Is the project subject to General Certification 3704 or 3705? ❑ Yes ® No 3. Determination of Stormwater Review Jurisdiction 3a. Is this project subject to any of the following state - implemented stormwater ® Coastal counties management programs (check all that apply)? ❑ HQW If so, attach one copy of the approval letter from the DWQ and one copy of the ❑ ORW ❑ Session Law 2006 -246 approved stormwater management plan. ❑ Other: 3b. In which local government's jurisdiction is this project? Dare County 3c. Is this local government certified to implement a state stormwater program? ❑ Yes ® No If so, attach one copy of the approval letter from the local government and one copy of the approved stormwater management plan (or one copy of the approved Stormwater management plan stamped as approved). 4. Information Required for DWQ 401 Unit Stormwater Review 4a. What is the overall percent imperviousness according to the most current site plan? 23.8 % at max. build out 4b. Does this project contain any areas that meet the criteria for "high density' per ❑ Yes ® No General Certifications 3704 and 3705? 4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the stormwater management plan. 4d. Has a completed BMP Supplement Form with all required items been submitted El No for each stormwater BMP? Page 9 of 11 PCN Form — Version 1.0 November 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. 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 or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .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 ❑ 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. Not required for this use Page 10 of 11 PCN Form — Version 1.0 November 2008 Version F. Supplementary Information, continued 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? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program 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? Mapping data and field investigation; proposed impact area is not within an area of surface waters. 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? National Register of Historic Places 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? E Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: This type of fill is allowable with permit in AE zones. 8c. What source(s) did you use to make the floodplain determination? NFIP Flood Zone Maps (www.ncfloodmaps.com) Joseph S. Lassiter agent for John Conner 4svalid Septembei26, t/Agent's Signature 2013 Applicant/Agent's Printed Name (AgenCsignat y if an authorization letter from the applicant is provided.) Date Page 11 of 11 PCN Form — November 2008 Version The Great Dismal Swamp RestorationBank, LLC P. 0. Box 6186 Chesapeake, VA 23323 September 19, 2013 Joseph Lassiter Quible & Associates, P.C. 8 Juniper Trail P.O. Drawer 870 Kitty Hawk, NC 27949 RE: John F Connor, Jr. 0.51 acre Parcel, Hatteras Township P.O. Box 71 Buxton, NC 27920 Dear Mr. Lassiter: Phone (757) 487 -3441 Fax (757) 487 -8680 The following price quote is given in reply to your request for the purchase of 0.193 wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm. These credits are currently available from our Timberlake mitigation bank. The cost will be Three Thousand, Eight Hundred, Sixty Dollars ($ 3,860.00). This quote will expire on December 31, 2013. You will need to submit to the USCOt the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and /or confirm the following information: Corps Project #: Waterway: Permittee Name: Locality of Impact: Permit action (i.e., IP, NWP -39, enforcement, etc.) Impacts (acres /linear feet): .193 Impacts NWI classification: Impacts Hydrologic Unit Code: 03010205 Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and /or pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote on this project. We look forward to working with you. Sincerely, Beverly M kite GDSRB Accounting