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HomeMy WebLinkAbout20131220 Ver 1_401 Application_20131113ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone: 252 -441 -0239 Fax: 252 -441 -0721 Email: obxwood@yahoo.com TO: North Carolina Division of Water Quality 401 Wetlands Unit Attn: Ms. Karen Higgins 1650 Mail Service Center Raleigh, NC 27699 -1650 ATTACHED LETTER OF TRAN%=AL 20 13 122 0 DATE: November 21, 2013 JOB NO.: 013-035 -PT RE: Robert & Mary DeFeo Lot 131— Section B Ocean Sands — North Carolina COPIES DATE DESCRIPTION OF DOCUMENTS 5 11 -13 -13 8 Yx x 14 Wetland Impact Plan 5 11 -20-13 Signed/Dated Pre - Construction Notification Form 5 10 -31 -13 Signed/Dated Authorization to Act as Representative Form 5 11 -20 -13 Project Narrative 1 1 11 -21 -13 1 $240.00 Application Fee — EPI Check No. 5066 THESE ARE SUBMITTED AS CHECKED BELOW: i� For your approval • For your use • As requested REMARKS: COPY TO: Mr. & Mrs. Robert DeFeo Project File • Review & Comment • Signature/Notarization NOV :2- p013 SIGNED• K/ orge H. Wood, CE , PWS Environmental Professionals, Inc. ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment P.O. Box 3368 Kill Devil Hills, NC 27948 Telephone: 252 -441 -0239 Fax: 252 -441 -0721 Email: obxwood @yahoo.com TO: U.S. Corps of Engineers Attn: Mr. Kyle Barnes 2407 West Fifth Street Washington, NC 27889 ATTACHED LETTER OF TRANSMIT'T'AL DATE: November 21, 2013 JOB NO.: 013-035 -PT RE: Robert & Mary DeFeo Lot 131 — Section B Ocean Sands — North Carolina COPIES DATE DESCRIPTION OF DOCUMENTS 1 I1 -13 -13 8 % x 14 Wetland Impact Plan 1 I1 -20-13 Si ned/Dated Pre - Construction Notification Form 1 10 -31 -13 Signed/Dated Authorization to Act as Representative Form 1 11 -20-13 Project Narrative 1 Copy 1 11 -21 -13 1 $240.00 Application Fee — EPI Check No. 5066 THESE ARE SUBMITTED AS CHECKED BELOW: V For your approval ❑ • For your use ❑ • As requested REMARKS: COPY TO: Mr. & Mrs. Robert DeFeo Project File Review & Comment Signature/Notarization SIGNED: 44eorge H. Wood, UP, PWS Environmental Professionals, Inc. ot WArF90 o < 20 13 122 0 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 1. Processing 1 a. Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit f 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 Q No 1 d. Type(s) of approval sought from the DWQ (check all that apply): 0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ -401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: 0 Yes ❑ No For the record only for Corps Permit: Q 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 Q No 1g. 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 0 No 2. Project Information 2a. Name of project: DeFeo 2b. County: Currituck 2c. Nearest municipality / town: Corolla 2d. Subdivision name: Ocean Sands 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information rur---�wtff An 3a. Name(s) on Recorded Deed: Robert & Mary DeFeo Trustee IVQV 3b. Deed Book and Page No. Bk 1259 Pg 480 3c. Responsible Party (for LLC if N/A - Wq MUAapplicable): 1Y 3d. Street address: 550 Ocean Trail 3e. City, state, zip: Corolla, NC 27927 3f. Telephone no.: 301 - 275 -4215 3g. Fax no.: None 3h. Email address: obxrob @hotmail.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: Q 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: George H. Wood, CEP,PWS 5b. Business name (if applicable): Environmental Professionals, Inc. 5c. Street address: 1404 S. Virginia Dare Trail - P.O. Box 3368 5d. City, state, zip: Kill Devil Hills, NC 27948 5e. Telephone no.: 252 - 441 -0239 5f. Fax no.. 252 -441 -0721 5g. Email address: obxwood @yahoo.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 126A0000131000B 1 b. Site coordinates (in decimal degrees): I Latitude: 36.2918 Longitude: - 75.8022 1c. Property size: 0.64 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Atlantic Ocean 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Pasquotank 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: Unimproved wooded lot in residential community adjacent to golf course. 3b. List the total estimated acreage of all existing wetlands on the property: 0.15 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: To prepare the lot for residential development 3e. Describe the overall project in detail, including the type of equipment to be used: Driveway will be aligned to avoid impacts to wetlands & live oaks. After land Gearing a bull dozer & dump truck will bring in sand /Gay for improvements 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary Q Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: Atlantic Environmental I Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. In progress 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. N/A Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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 DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Hardwood Flat Yes Corps 005 W2 - Choose one Choose one Yes /No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes /No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes /No - 2g. Total Wetland Impacts: 0.05 2h. Comments: 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. Stream impact number Permanent (P) or Temporary m 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - S5 - Choose one - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: None Page 4 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. 4a. Open water impact number Permanent (P) or Tem ora 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: None 5. Pond or Lake Construction If pond or lake construction proposed, the 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 P1 Choose one P2 Choose one 5f. Total: 5g. Comments: None 5h. Is a dam high hazard permit required? ❑ Yes Q 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 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 61 - Yes/No 132 - Yes/No 63 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: None Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The driveway was carefully sited to avoid wetlands yet maintain live oaks The project will accommodate a 4- bedroom house reducing the size of the drainfield and thus fill required for the setback. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Because the project will involve only a 4- bedroom house, a repair area is not needed. Silt fence will be installed along the fill areas. 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 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: 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 mitigation, stream temperature: Choose one 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: S. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A 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? E] Yes Q 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: N/A Page 7 of 10 I 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 Q 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? 15% 2b. Does this project require a Stormwater Management Plan? ❑ Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Coverage does not exceed 20 %. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A 2e. Who will be responsible for the review of the Stormwater Management Plan? N/A 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Currdudc County ❑ Phase II ❑ NSW 3b. Which of the following locally - implemented stormwater management programs ❑ 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 ZCoastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ORW (check all that apply): E Session Law 2006 -246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q No attached? S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? X❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑X Yes ❑ No Page 8 of 10 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 Q 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)? 1c. 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 E] 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 Q 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 El Yes Q 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. On -site ground absorption wastewater Page 9 of 10 PCN Form — Version 1.4 January 2009 . o . 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 Q No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? web 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? No open water 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? Within a recorded subdivision 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes Q No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Surveyor - Zone X Coo Y�G Coodd Applicant/Agent's Printed Name pP cant/A en s Signature nature Date ( nrs signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 I AUTHORIZATION TO ACT A6 REPRESENTATIVE FORM landowner of reood audofto Environmental Professionals, Inc. to: 1. enter the property to gather environmental and site information, including delineation of environmental regulatory jurisdictions; 2. enter the site with the regulatory agencies (Le. U.S. Army Corps of Engineers, North Carolina Division of Coastal Manag MM#, North Carolina Division of Water Quality, etc.) as needed to review regulatory alignnerat(a) and/or to idea* additional regulatory jurisdictions; 3. submit plats and other information to acquire regulatory agency confirmation, approvals, and/or detamitmtious (U.& Ar oty Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.); and 4. act as agent for the purposes of ohtshft environmental permits, aud> dndor&% anNor determinations. Al �� � . Vii, �e /zv3 to Av ri zel? Project Narrative Robert & Mary DeFeo Lot 131 — Section B —Ocean Sands The applicant desires to build a modest 4- bedroom house on Lot 131, Section, Ocean Sands. The driveway has been carefully aligned to avoid wetlands where possible, and the one small area of impact (113 square feet) in the southeastern wetland pocket is necessary to avoid removal of several live oaks. The applicant has placed the proposed small home (small in comparison to the surrounding residences) to that area which is filled to provide required setbacks for the drainfield. A bed system is being proposed to further minimize wetland impacts. Because of the avoidance and minimization efforts, only .05 acres of wetlands will be impacted with the remaining wetlands to remain. Due to the minimal impact (less than .1 acre), no mitigation is proposed. CURRITUCK CLUB OW COURSE ®N® DO 383. PG 4194 PQ a N11*43'00"W 100.06'_ 1oTNBl -- I II ACTIVE DRAINFIELD BED SYSTEM 4 LINES 0 40' EACH (S O.C.) I I I P OPOSED W 12' OD 92EI 0 1 UPLAND 0 c� WETLAM "0 AREA (90D 64-ft) UPLAND I LOT 131 LOT 130 TREES TO REMAIN (TYP) A A FILL AREA 113 S.F. N I �j bo WEXAND AREA (1.262 sc.ftj WETLAND LINE (TYP) /* 2016L :.Cr: Z OD 0 0 R rV1 I ZAREA ILAND (3.225 9%fL) .6 COROUA SITE POPILAR BRANCH ATLANTIC OCEAN o Dy POWELLS POW L FILL AREA 1,936 S.F. LOT 132 — =N-;Y- . VICINITY MAP N. T. S. TOTAL FILL AREA = 2,049 S.F. ZXWETLAND AREA (1.299 s%ft.) M.# SO' 100.00' ja z co TELJ5 1-1 c; IFENCE GROW ASPHALT HIGHWAY 'r-P, NAIL IN CL OCEM TR4L (10W RM NC 12 0 20 40 so GRAPHIC SCALE: 1" = 40' A 12.0' TLjTDS I f 2 FDRIVEWAY SU R FACE FILL / SECTION A-A 1*= 10* WETLAND IMPACT PLAN ROB & MARY DEFEO LOT 131, SECTION B, OCEAN SANDS, COROLLA, NORTH CAROLINA SCALE: REVISION I'm 4W DATES I &*TVMeff& pfia%ffim" Ac PROJECT NO. DATE: CAM FILE: 13-035 Planning for a Better Environment 13-035 11-13-13 CURRENT REVISION: 1404 S. Virginia Dare Trail SHEET, P.O. BOX 3368 — KILL DEVIL HILLS, NC 27948 1 OF PHOW M 441-OM FAX = 400M 401 WQC /Buffer Application To: Anthony Scarbraugh or Roberto Scheller, Washington Regional Office From: 401 & Buffer Permitting Unit, Central Office Date: 11/25/2013 DWQ M 13 -1220 Project Name: Robert Defeo Lot 131 County: Currituck 60 -day Processing Time: 11/22/13 thru 1/21/14 ® Please review attached application /additional information. ❑ This is an Individual Permit — needs the Public Notice. ❑ This is a "Courtesy Copy" and is located in Laserfiche. ❑ Restoration Project NOT for mitigation (issued by RO). A copy has been given to Eric. ❑ Non -EEP mitigation project (issued by RO). A copy has been given to Eric. ❑ EEP full delivery project (issued by RO). A copy has been given to Eric. ❑ EEP design -bid build project (issued by RO). A copy has been given to Eric.