HomeMy WebLinkAbout20131035 Ver 1_401 Application_20130913September 11, 2013
U.S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1000
Washington, N.C. 27889 -1000
Attention: William Wescott
SEP 18 2013
��1A(,�Y. "YJP.RC
Subject: Request for a NW 18 Permit and,DWQ 401 certification for the placement of
0.086 acres of permanent fill in wetlands associated with improvements to Chester
Lynn's Lot "B" on SR 1324 (Back Rd) in Ocracoke, Hyde County.
This application request the issuance of a NW 18 permit and utilization of the
corresponding DWQ 401 certification for the placement of 0.086 acres of permanent fill
in 404 wetlands. The proposed fill is the minimal amount needed to address suitability for
a small residential home. The existing small lot size of 0.216 acres provides limited area
for home site placement and the proposed wetland fill impact of 0.086 acres (within the
0.216 acres) will alleviate the restrictive buildable space. The provided survey plat
illustrates the lot size and wetland configuration. The current lot is being utilized as
maintained lawn area with a few mature trees. Lot improvements will include the removal
of some trees and associated grubbing to remove the root systems. Erosion control
measures will be placed along the perimeter of the disturbed/fill areas to prevent the loss
of any loose soil onto adjacent properties. Fill material brought on -site will consist of
suitable clean soil and only be placed within the defined impact area shown on the survey
plat. The fill material will be graded, seeded and stabilized to level the lot elevation and
prevent soil erosion. There is a man-made drainage ditch that is located at the back of the
lot, which appears to be functioning in a limited capacity. The ditch has silted in to a
depth of 1 -2 foot. It is connected downstream to a feature that eventually drains to a canal
system connected with the Pamlico Sound, approximately 1 mile from the Lot `B" site.
The man-made ditch located on the Lot `B" site will not be impacted by the proposed fill
impacts. There are no coastal wetlands located on Lot `B ".
Included with this letter are the location maps, permit drawings, survey plat, and
PCN. If you have any questions or need additional information regarding this permit
request, please call me at (252) 312 -3692.
Sincer�"V,WA l
?, Willis
Cc: Anthony Scarborough, NCDWQ Y
Karen Higgons, NCDWQ
Chester Lynn - Lot B
Back Road - SR 1324
Quadname Ocracoke
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Soil Map —Hyde County, North Carolina
Map Unit Legend
Chester Lynn - Lot B
Hyde County, North Carolina (NC095)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
CbA
Carteret sand, high, 0 to 1
3.2
7.6%
percent slopes, very
frequently flooded
CrB
Corolla sand, 0 to 6 percent
5.6
13.2%
slopes, rarely flooded
DuA
Duckston sand, 0 to 2 percent
29.2
69.2%
slopes, rarely flooded
NcC
Newhan- Corolla complex, 0 to
0.6
1.5%
15 percent slopes, rarely
flooded
Ud
Udorthents, sandy, rarely
2.4
5.7%
flooded
W
Water
1.2
2.8%
Totals for Area of Interest
42.2
100.0%
Usk Natural Resources Web Soil Survey 9/10/2013
Conservation Service National Cooperative Soil Survey Page 3 of 3
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0 - EX. 3/4" REBAR
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❑ - CONC MON SET
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AG - ABOVE GRADE
BG - BELOW GRADE
e - EX. 1r4" AXLE 12' AG NORTH STREET'
(30' UNIMPROVED R /W)
S 45'04'00" E-95.72-
NOTES:
THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE
DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
2 AREA BY COORDINATE COMPUTATION - 9,437 S.F.
3. F.I.R.M. ZONE: "AE' (8.F.E. 6.0') (PER f.I.R.M.) + i 0' FREEBOARD
4, PIN NO.: 9500 - -39 -4986
5 RECORDED REFERENCE' DB 114. PG 200, PCC, SL. 122D
6 MINIMUM BUILDING UNES (MBL), IF SHOWN HEREON, ARE PER THE
CURRENT LOCAL ZONING REGULATIONS. OTHER SETBACKS
AND /Oft RESTRICTIONS MAY APPLY AND MUST BE VERIFIED
PRIOR TO CONSTRUCTION
7 ELEVATIONS (NAVD 1988): N/A
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WETLANDS SURVEY FOR
CHESTER LYNN
LOT B - CHESTER LYNN SUBDIVISION - OCRAC.OKE
0 CRA COKE TOWNSHIP - HYDE COUNTY NORTH CAROLINA
40 20 0 4o SEABOARD SURVEYING &' PLANNING, INC. C -1536
1 inch = 40 ft 103E W. WOOD HILL DR., P.O. BOX 58, NAGS HEAD, NC 27959
REV•1 /10/13: WETLANDS CERT. OFFICE: (252) 480 -9998 FAX: (252) 480 -0571
LE: 1206023 SURVEYED: 11/29/12 MH PLATTED:11 30/12 JSS
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
X Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NW 18 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps?
X Yes No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification — Regular X 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:
X Yes No
For the record only for Corps Permit:
Yes X 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 X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
X Yes No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes X No
2. Project Information
2a. Name of project:
Chester Lynn — Lot B
2b. County:
Hyde
2c. Nearest municipality I town:
Ocracoke
2d. Subdivision name:
Not Applicable
2e. NCDOT only, T.I.P. or state project no:
INot Applicable
3. Owner Information
3a. Name(s) on Recorded Deed:
Chester Lynn
3b. Deed Book and Page No.
Deed Book # 114, page 200
3c. Responsible Party (for LLC if
applicable):
full
324 Back Road
3d. Street address:
3e. City, state, zip:
Ocracoke, NC, 27960
3f. Telephone no.:
52- 928 -4541
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
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:
Clay Willis
5b. Business name
(if applicable):
5c. Street address:
208 Olde Colony Drive
5d. City, state, zip:
Edenton, NC 27932
5e. Telephone no.:
252 - 312 -3692
5f. Fax no.:
5g. Email address:
wsalmoncreek @gmail.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
500 -39 -3892
1b. Site coordinates (in decimal degrees):
I Latitude: 35.113447 Longitude: - 75.978271
1c. Property size:
0.216 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Pamlico Sound (approximately /mile downstream)
2b. Water Quality Classification of nearest receiving water:
SA HQW
2c. River basin:
Tar-Pamlico River Basin
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 project site is located within an existing residential / business area along Back Road in
Ocracoke. This property abuts three developed lots and one undeveloped lot. Currently the project site is
maintained as a mowed lot dominated by St. Augustine grass with a few Red Cedar and Live Oak trees. There is
a man -made drainage ditch located at the back of the property, which appears to be currently functioning.
3b. List the total estimated acreage of all existing wetlands on the property:
0.119 acres (5221 sq. feet) is listed on the survey plat, which includes the surface water area of the adjacent ditch (confirmed
with Ray Meekins — surveyor on 9/10/2013 per phone conversation)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 95 feet of open water
man -made ditch along the back of the property.
3d. Explain the purpose of the proposed project:
To provide adequate fill /grade on the maintained lot, making it suitable for the placement of a small residential home site.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project intends to haul suitable fill material on to the project site to provide leveling of low areas and adequate grade for a
home site. This will be accomplished by a dump truck hauling fill material on to the lot and grading fill with a backhoe or skid
steer type of equipment. The area to be filled will not exceed 0.086 acres within the delineated wetland area.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
X Yes No Unknown
Corps or State been requested or obtained for this property /
Comments:
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
Preliminary X Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known): USACOE — William Wescott
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Plat is attached — dated 1/15/2013
5. Project History
5a. Have permits or certifications been requested or obtained for
Yes X 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 X No
Page 3 of 10
PCN Form — Version 1.4 January 2009
6b. If yes, explain.
Page 4 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
X 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.
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWO (401, other)
2f. Area
of
impact
(acres)
W1 Permanent
Fill
Maintained lawn /fringe area
No
Corps 404
0.086
W2
W3
W4
W5
W6
2g. Total Wetland Impacts:
0.086
2h. Comments: Fill will not be placed in the man -made ditch, which accounts for approximately 1442 sq. feet of the listed
wetlands (5221 sq. feet) on the surrey plat. This ditch area square footage was confirmed with Ray Meekins, the lot surveyor or
09/10/13, via a phone conversation between Clay Willis and Ray Meekins.
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. NONE PROPOSED
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
39•
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary Impacts
3i. Comments:
Page 5 of 10
PCN Form — Version 1.4 January 2009
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 indivi ually list all open water impacts below. NONE PROPOSED
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
02
03
04
4f. Total open water impacts
4g. Comments:
6. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below. NONE PROPOSED
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
P1
P2
5f. Total:
5g. Comments:
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 DWO) Project site is not subject to the Tar - Pamlico Buffer Rules
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. Project is in which protected basin?
Neuse Tar - Pamlico Catawba Randleman Other:
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
B1
B2
B3
B4
B5
B6
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
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.
The proposed fill area has been reviewed for adequate need to construct a small residential home on the lot size. The current
lot grade is low in a few areas, making the small lot problematic for the proposed home. The low wetland areas are currently
part of the maintained lawn and will be filled as part of the foot print area for a proposed small home site. The proposed fill will
even the lot grade and make the site suitable for the placement of a home. Fill will not be placed in the man -made drainage
ditch located at the back of the lot. The ditch area accounts for 1442 sq. ft. (0.026 acres) of the 5,221 sq. ft. (0.119 acres) of
wetlands shown on the survey plat.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Vegetation disturbance will be kept to a minimum amount necessary for the lot improvements. The project will install erosion
control measures during the fill activity to eliminate any off -site sedimentation. Adjacent wetlands can be clearly marked to
avoid any potential unintended disturbance.
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 X 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 NOT APPLICABLE
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program NOT APPLICABLE
4a. Approval letter from in -lieu fee program is attached.
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
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 NOT APPLICABLE
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form —Version 1.4 January 2009
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 X 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
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 7 of 10
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 X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
Will not exceed
38% of lot
2b. Does this project require a Stormwater Management Plan?
Yes X No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
The proposed development will account for no more than approximately 0. 183 acres of disturbance. This will be below the
threshold of land disturbance requiring a Sediment and Erosion Control Plan. Proposed project will not require a CAMA major
permit.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Not Applicable
2e Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local ovemment's'urisdiction is this project? Hyde 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 X No
attached?
4. DWQ Stormwater Program Review
Coastal counties
HOW
4a. Which of the following state - implemented stormwater management programs apply
ORW
(check all that apply):
Session Law 2006 -246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
Yes No
attached?
S. 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
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PCN Form —Version 1.4 January 2009
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 X No
use of public (federal /state) land?
1b. 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
Yes No
letter.)
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 X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
Yes X 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 X 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.
No wastewater will result from the proposed fill activities associated with this permit application.
The residential lot has a Hyde County sewer permit issued for this site, which will apply to the constructed home.
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PCN Form — Version 1.4 January 2009
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? Review the project area habitat for listed species in Hyde County and the NC Natural Heritage Database.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?T
Yes X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NMFS Essential Fish Habitat resource list
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 X 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?
NC State Historic Preservation Maps — The project area is outside the Listed Historic District.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
X Yes No
8b. If yes, explain how project meets FEMA requirements: The proposed 0.086 acres of fill will not impact the FEMA floodplain
designation. The residential home site will follow local building codes as defined by the building permits and Flood zone
requirements. i
8c. What source(s) did you use to make the floodplain determination? NC Flood plain mapping program
Ap i nt/AgenYs Printed Name
Applicant/Age ignature (Agents
Date
signature is valid only if an authorization letter
from the applicant is provided.)
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