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HomeMy WebLinkAbout20060834 Ver 1_More Info Received_20070116 6~uible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTALSCIENCES • PLANNING • SURVEYING SINCE 1959 January 10, 2007 Mr. Ian McMillan Water Quality Certification Program NC Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Re: Lot 11, Holiday Shores, Rodanthe, Dare County, NC (DWQ # 06-0834) BKS Enterprises (Attn. Mary Kelley) Nationwide #18/14 and 401 Water Quality Cert. Permit Application Package Dear Mr. McMillan: P.O. Drawer 870 Kitty Hawk, NC 27949 Phone:252-261-3300 Fax:252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. The purpose of this correspondence is to provide the additional information requested in your May 31, 2006 letter. I realize that a significant amount of time has elapsed since you letter, but we have been waiting on a response from NC Division of Coastal Management (DCM) (a jurisdictional wetlands call) for this lot. The DCM field representative was unable to make the call and deferred the call to Ted Tyndall (DCM assistant director) who visited the site in October, but did not provide any written judgment. John Cece (DCM field representative) recently provided a letter (dated November 30, 2006). This project has received a Nationwide 18 from USACE on June 19, 2006. This is on the same road as the Lot 7 Holiday Shores additional information that I sent to you recently. The following are responses from your May 15, 2006 letter: 1. Please resubmit your application using the most current Pre-Construction Notification application form (Version March, 2005). Response: Enclosed is the completed March 06 PCN Application. 2. The proposed repair area for the septic tank drain field is not proposed as wetland fill. Please address how this area can be used as a drain field as an existing wetland. Response: The site plan layout has been amended to relocate the septic system into an area of uplands. This has been amended and re-permitted with the Dare County Health Department, and does not require a repair area. See enclosed Improvement Permit dated 8-31-06 and associated site plan that has been stamped as approved. 3. The approval from Dare County for the drain field does not show wetlands on the approval. Our understanding is that wetlands cannot be constructed on fill, especially filled wetlands. Please provide a letter from Dare County stating that this drain field can be permitted on filled wetlands. Response: As stated above, the septic system design has been re-permitted with Dare County Health Department. The approved plan depicts all areas of wetland and does not utilize wetland areas for the on- site system. _ ' =, ~~a ~' 1 A"'E 'h.~" i r a r, ~~~ tr ,~ J~\i~ ~ ~ ZO~I ~~ 4. Please provide documentation from NCEEP indicating their willingness to provide the required mitigation for the project. Response: See NCEEP acceptance letter 5. Please specify the percent of project impervious area based on estimated build-out conditions and provide an inventory of all impervious surfaces (building footprints, roads, driveways, decks, sidewalks, gravel-covered areas, etc.) and resubmit this information. Please note, if the project imperviousness area exceeds 30 percent, you will need to submit a stormwater management plan per GC3402. Response: The proposed impervious cover for all work including residential structure footprint, driveway, and pool area is 26.6% (this is included on the current PCN application). I have enclosed three copies of the necessary information including: DWQ additional information request, current site plan dated 12-12-06, PCN application, Dare County Health Department Improvement Permit and associated approved plat, EEP acceptance letter, and DCM letter. If you have any questions of comments regarding this additional information, you can reach me at (252) 261-3300. Sincerely. Qu(i~bl~e & Associates, P.C. i-~!M I Brian Rubino, L.G. CC: Mary Kelley O` • - ' ~~p Michael F. Easley, Governor G ~~ ~ ~ _~-- William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ~ ~ • p ~ Alan W, Klimek, P.E. Director Division of Water Quality May 31, 2006 DWQ Project # 06-0834 Dare County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Ms. Mary Kelley BKS Enterprises Corp. P.O. Box 2103 Manteo, NC 27954 Subject Property: Holiday Shores, Lot 11 Pamlico Sound, Atlantic Ocean [030155, 30-22, 99-(7), SA, HQW, SB] 303d REQUEST FOR MORE INFORMATION Dear Ms. Kelley: On May 18, 2006, the Division of Water Quality (DWQ) received your application dated May 10, 2006, to fill or otherwise impact 0.11 acres of wetland to construct the proposed residential development. The DWQ has determined that your applicatit~n is incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or. streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please resubmit your PCN application using the most current March 2005 version of the PCN application. 2. The proposed repair area for the septic tank drain field is not proposed as wetland fill. Please address how this area can be used as a drain field as an existing wetland. 3. The approval from Dare County for the drain field does not show wetlands on the approval. Our understanding is that wetlands cannot be constructed on fill, especially filled wetlands. Please provide a letter from Dare County stating that this drain field can . be permitted on filled wetlands. 4. Please provide documentation from NCEEP indicating their willingness to provide the required mitigation for the project. I~~tfiCarolina 401 Oversight/Express Review Permitting Unit atuCa!!y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 ! ]nternet: httn://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper BKS Enterprises Corp. Page 2 of 2 May 31, 2006 5. Please specify the percent of project imperviousness area based on estimated built-out conditions and provide an inventory of all impervious surfaces (building footprints, roads, driveways, decks, sidewalks, gravel-covered areas, etc.) and resubmit this information. Please note, if the project imperviousness area exceeds 30 percent, you will need to submit a stormwater management plan per GC3402. Please respond within three weeks of the date of this letter by sending this information to me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Si -rely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK1 ~m Enclosures: March 2005 Pre-Construction Notification Application cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949 Filename: 060775Holidaysho resLo t7(Da re)On_Hold NorFS: - J~£fE?ENGE MB 8, PG ll. - FIRM ZOI~ AE (8J PALL 375398 Gt530 E (MAP REVISED /2/zo/G~oJ - AREA = 11,3/3.6 5F BY GGIJRDlNATE METHOD - 5/AQVEY DATE 04/G16/Gi6. ~VERTIGAL DATUM IJAVD 68, BASED ON RTK 6P5 SURVEYING, O.l' AGGIl1eAGY. K -.~ 577°OgpO'E LOT lO 25' MBSL I I LEGEND: ~ s~snfleEDlz ~ - PK NAIL UENR , wAr~~ , ,- •O -EXISTING IRON ROD ~~~'L"ShI(~~ ~~;~~ StIa~A~, ,s ~ ~cu~„s~~~ O -EXISTING IRON PlI'E ~ ~ • - GALGULATED POINT ~ - hETL4ND FLAG VlGINITY M,4P PROPO.~ED SECTION 404 hE7ZANDS FILL TOTAL = O.ll AG. ~' (4,287 sq.Pt./O.IO AG U5/NG NATIONhIIDE l8; 6S0 sq.ft./O.OI AG. U51N6 NATIONW/DE l4J ~c PIQOP05ED DRIVElNAY FILL USlN6 A NATlON6VlDE l4 I O.OI AG. NORTH HOLlD,4 y BL 1/D ado' R/1~J Lor ll 8,137.9 SF hE7LAND ~C O tii m ~ ~ I F4€~. /=4/ 1~`4' o~~s, L ~ ~4W 2€#' ~iOS~. 4 ~ ~ ~~~ .....~..._®.__, ~~ i ll ~~~~~~~ ~ ~,~,N ~ ~ zoo? ~ r Q ~~ G~ ,'~ ~~..~ ~~:~ PROP ~--~ . 45.N5' FROM /'1GF7!'~4ND L/!~~ ~~~ '~ ~ . k g :.. w b~ ~~~ I~~~ ~,rt.~~~1; ~ -~ <~ ~> ~ ~ a~ I ~r ,~ ~''°~ ~.~rt ~~~I' „~. ~ •. ~ ' ~~~~a~ „r R vie ~~ v LOT 2/ P/N 0658-09-17-0/35 ~ 24242 N. HOLID/4Y BL 1/D ROD~NTHE, NG PROJECT 06066 COPYRIGHT © 2006 pU18LE Ac ASSOCIATES, P.C. DRAWN KCM/BDR THIS DOCUMENT IS THE PROPERT QUIBLE dt ASSOCIATES- PC si i RICH CAD REF. PROOUI wm 06088 OUIBL coHSrr uws. DATE 12/12/06 RE- Lor 20 42~ ~~~' ~ ,~° 0 es~~c ~~ .a-- mow.. ,.. _ NATIONWIDE 18 AND 14 SITE PLAN LOT 11 HOLIDAY SHORES BKS ENTERPRISES CORP. KINNAKEET TOWNSHIP DARE COUNTY NORTH CAROLINA 0 20 ~ GRAPHIC SCALE IN FEET 1'=20 ,• o 1 i I~ I ~ ~ Lor l2 ado O ~ ~ U1 ~ I c~ 1 - !~_ ~\ d r .~ I v£-RTIGAL DA7/A ~~ • ~ I NIIAVD d8, BASE ~ ON RTK 6P5 ~~. ~ 1 SURV~'IAfS O.l' AGGL4ZAGY. ~: ., .I •:. ~ I I'K AT '•.; 1N1f1eSEGTION • ~ .f 5. hb1LlDAY . ~ r t31LVD. AND .i ~ GY.E,4N RD DR ELEV.=5.32' N~41~D i59 _` ~~ LOT l9 ~uible S/NCE f959 & Associates, P.C, ENGINEERING • CONSULTING * PLANNING ENVIRONMENTAL SCIENCES # SURVEYING Phone: (252) 261-3300 Fax: (252) 261-1260 E-Mail: quible0earthlink.net Office Use Only: Form Version March OS USACE Action ID No. DWQ No. fir arty pantcutar item is not appttcatite to tms project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #18 and #14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Manag, ~t7 ~.re~,Mof Environmental Concern (see the top of page 2 for further details), c 1~' ~~~ ~'/ ' =' II. Applicant Information k ~ ~ ~ 1 ~, ? ~ ~; % 1. Owner/Applicant Information E~E'4~t 't,T~~ ~:,,,a~ ice" Name:_ BKS Enterprises (Attn• Marv Kelley) ~`P`~~" ~~'`~~ ~~~ 7..'~ U.z~~~RS~ch Mailing Address: P.O. Box 2103 Manteo NC 27954 Telephone Number: (252) 449-8894 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Brian Rubino Company Affiliation: Ouible & Associates, P.C. Mailing Address: P.O. Drawer 870 ' Kitty Hawk NC 27949 Telephone Number: 252-261-3300 Fax Number: 252-261-1260 E-mail Address: brubino@guible.com Updated 11/1/2005 Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Lot 11 Holiday Shores 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 065809170135 4. Location County: Dare Nearest Town: Rodanthe Subdivision name (include phase/lot number): Holida~Shores Revised, Lot 7 Directions to site (include road numbers/names, landmarks, etc.): NC 12 South to Rodanthe on Hatteras Island; turn left (east) on North Holiday Blvd., just to the north of Rodanthe fishing_pier; the lot is located at 24242 North Holiday Blvd. on the south side of the ri hg t-of- 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.586667 °N 75.463889 °W 6. Property size (acres): 0.26 ac 7. Name of nearest receiving body of water: The Pamlico Sound and Atlantic Ocean are similar distances away in opposite directions; this is a relatively narrow portion of the island. There is a drainage ditch located 426 ft to the west of the nearest portion of proposed wetland impact. 8. River Basin: Pasquotank (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Updated 11!1!2005 Page 6 of 13 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Undeveloped rassy with maintained herbaceous-type vegetation; total lot area is 0.26 ac• non-wetland (0.07 ac)• Section 404 wetland (~0 19 ac) The general vicinity is comprised of residentially developed lots with some undeveloped residential lots. 10. Describe the overall project in detail, including the type of equipment to be used: The project involves residential construction of a timber framed house with a driveway pool and an on-site septic treatment system. Equipment to be used include a piling installation auger, backhoe, concrete truck dump truck and other rading equipment Residential construction of this manner is typically completed within athree-month period 11. Explain the purpose of the proposed work:_ The purpose of the project is to rp ovide sufficient area for the placement of a septic system house pool and driveway The proposed septic system location has been approved by the Dare County Health Dept (Improvement Permit enclosed). IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A USACE iurisdictional determination has been issued on 6-12-06 (SAW-2006-32248-128) and a USACE Nationwide #18 and #14 permit for the proposed work described herein has been issued on 6-19-06 with the same Action ID (SAW-2006-32248-128) Also for the on-site septic system proposed an improvement permit has been issued by the Dare County Health Department on 8-31-06 (enclosed) V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. There will be a future building_permit request to Dare County VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be Updated 11/l/2005 Page 7 of 13 listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impacts include a jurisdictional Section 404 wetland impact of 0.11 acres. This area is proposed to be filled to allow a buildable area for residential construction as depicted on the enclosed site plan 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list imnacts r1nP to tenth ctnictnrP and flnnrlincr Wetland Impact Site Number (indicate on map) T e of Im act yp p Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) _ Located within 100-year Floodplain (es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) Nat. 18 Area Fill, Grading Herbaceous yes 4261f to ditch 0.10 Nat. 14 Area Fill, Grading Herbaceous yes 4661f to ditch 0.01 Total Wetland Impact (acres) 0.11 3. List the total acreage (estimated) of all existing wetlands on the property: 0.19 ac. 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage. mnltinly 1PnQth X w;rlrh than rlivirla by dZ S(,!1 N/A Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact ~ Len th g (linear feet) Area of Im act p (acres) Updated 11/1/2005 Page 8 of 13 Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation. dredein~_ flnodin¢_ drainauP hnikhParlc Ptr N/A Open Water Impact Site Number (indicate on map) Name of Waterbody (if applicable) ., T e of Im act yp p Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resultins? from the nroiect; Stream Impact (acres): Wetland Impact (acres): 0.11 Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and Updated 11 / I /2005 Page 9 of 13 financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed residential construction plan requires the proposed fill as shown As an attempt to minimize wetland impacts a retaining_wall will be constructed around the proposed pool area, adjacent to the wetlands so that a fill slope in additional areas of wetlands is not necessary. This layout that has been permitted by the Dare County Health Department is achievable under a Nationwide 18 and a Nationwide 14 (issued 6-12-06) with 0.11 acres of Section 404 wetland fill. The Nationwide 14 component is necessary for the driveway to access the building footprint, since the total fill area proposed slightly exceeds 0.1 acres. There is no proposed fill within the Area of Environmental Concern (AEC). VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.uslncwetlands/strm~ide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Proposed mitigation includes~ayment into the NC EEP at a 2:1 mitigation to fill ratio. Updated 11/1/2005 Page 10 of 13 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): 0.25 acres (see acceptance letter) Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ N/A 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC Updated 11/1/2005 Page 11 of 13 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A * I Impact I I Required Zone ~~~ pro f o*~ Multiplier I 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the neaz bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. No existin im ervious covera e• Proposed new impervious: 3 011 ft2 (26.6%) for residential structure footprint driveway and XII. Sewage Disposal (required by DWQ) 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 septic treatment system to be constructed as a conventional bed-type system The permitted position of this system is shown on the site plan XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No Updated l l/1/2005 Page 12 of 13 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The proposed work is for the residential development on the subject property only (as shown on the site plan). This does not enable any additional development or wetlands impacts on nearby property. XV. Other Circumstances (Optional): N/A It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) " ~`n Updated 11/1/2005 Page 13 of 13 -1~5t OFd Improvement Permit ~ ..,e ~ r ~,~ County of Dare .. 1357 PO Box Drawer 1000 Manteo, North Carolina 27954 yr'~'y CAR~~`~r ~ Phone: (252) 475-5080 Dare County Health Department Improvement Permit {Septic 'l'ank Sewage Disposal) Non-Transferable PIN: 065809170135 Parcel: 012686000 Owner Name: BKS ENTERPRISES CORP Owner Address: P O BOX 2103 Manteo NC 27954 DBA: -- Location: 24242 N HOLIDAY BLVD Subdivision: HOLIDAY SHORES REVISED Permit Date: Comm / Res: Owner Phone: Permit: 13567 8/31/2006 Residential (000)000-0000 LotBlockSect: Lot: 11 Blk: Sec: Category of System: Rewrite Type of Tank: Precast Size of Tank: 2,000 Type of System: Type V-A Amount of Tile (feet): 0 Width of Ditch: 22 x 27 Rock Under (inches): 8 Rock Above (inches): 0 No. of Bedrooms: g Sleeping Capacity (persons): 10 Gallons per Day: 600 Type of Water: Public Previous Pernut: Feet from Water Supply: 10 Feet from Body of Water: 50 Feet from Property Line: 10 Feet from Building: 5 Comments: IWWS-98-1-R2. INSTALL AS DESIGNED BY QUIBLE & ASSOCIATES JOE ANLAUF PE #26980 ~ ~~ ~ ~~~~ ~ ~ ~~- ~c~v~.~,~ ~ /rte ~~h / Note: This Permit is issued subject to all provisions of the ordinance governing the installation of septic systems. The person making the installation must notify the Health Department when the septic tank system is ready for inspection. ff any septic tank system or part thereof is covered before being inspected and approved, it shall be uncovered at the direction of the Health Officer at the expense of the one responsible for making the installation. Sewd emit Fee: $75 8/31/2006 ,:~, ~ /~; ~t .GI 5~~: ~,f~s , P ~ . gip, ~ ~ . _ ~ ~'~ Ap licant Date Id:1-11-'0? 09;03 FROM-DENT EEP 9197152001 T-512 P02/02 U-116 PROCvknM January 9, 2007 Mary Kelley BKS Enterprises p0 $ox 2103 Mantao, NC 27954 Project: Holiday Shores, Lot I1 county: Dare This latter replaces sn earlier one dated August 8, 2006. The purpose of this letter is to notify you chat Llte North Carolina lreosystem Enhancement Program (N'C~l?) is willing to accept payment for impacts associated with the above refzreneed project. Please note that this decision doss not assure that the payment twill ba approved by the permit issuing agencies as mitigation for project impacts. It is the responstbility of tho applicant to consact these agencies tv determine it payment to the NCEEP will be approved. 't'his acceptance is valid for site months from the date of this letter. If we have not rccciv,cd ra copy of the issued 404 1Perntit/401 Certification within this tome frame, this aeceptguee will expire, It is the applicant's responsibility to scud copies of the 404/.t01/CAMA pernuts to NCIiEP. Qnca NCBEp reoeiVe3 a copy of the 404 parmit end/or the 401 Certification an invoice will be issued and payment must be made. The amount of tho In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee S~hadule and policies listed at www.nceep.net. l3ased on the inforrtlation supplied by you the impacts cleat nay require compensatory mitigation era summarised in the followin table. - Tar-Pamlico 03020105 Stroaxn (feet) Wetlands (acres) Suffer I (Sq, pt.) Buffer II (Sq. Ft.) Cold Cool Warm Ki avian Non•Ri avian Coastal Marsh Impacts 0 0 0 0 0.11 0 0 0 Credits 0 0 0 0 0.22 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be rosponsiblc for the additional mitigation, the applicant will Head to submit a mitigation raqu®st to NCIrEP for approval prior to parmit issuance. The mitigation will be performed in accordance with the Memorandum of CJndarstanding botwccn the N. C. bcpartmcnt of Environment and Natural Itesourees and the U. S. Army Corps of Engineers dated November 4, 1998. I.f you have any questions or rated additional information, please contact Kelly Williams at (919) 716-1921. Sincerely~~ ~ ~ ``~~~~ n , , Wil ~ m D. Gilmore, PE Di.xectox cc: Cyndi Karoly, W etlands/401 Unit Tom Steffens, USACE-Washington Kyle Barnes, D'W'Q- Washington Doug Huggett, NCDCM-Morehead City Brian Rubino, agent (elec.) ~~ File , R.estov~i,~... E ... Prot Orsv~ ftat~ ~~ North Carolina Ecosystem Enhancement Program. 1652 Mail S®rvice Center. Raleigh. NC 27'699.1 652 1 91 9-71 5-Od'78 / www.nceep.net Received 01-11-2007 09:47am From-8187152001 To-l1U16LE~A550CIATES Pace DOZ 12/0412006 14:48 2524733822 MCCOt~N PAGE 02/02 ~~~ w ~.~.~~ NCDENR . North Carolina Department of Environment and Natural Resources Division ofi Coastal Management Michael F. Easley, Governor Chal'leS S. Jones, DIrGCtor William G. Ross Jr., Secretary Novernbcr 30, 2006 Ms.; Linda, H, McCown McCown & McCown, JP.A. Attdrncys At Law .. 300 Sir Walter Raleigh Street Manteo,lrtC 27954 T~car Ms. MCCOw11: Thank you for your most recent letter of November 22, 2006, to Mr. Teci Tyndall, Assistant Director for perma.ts and enforcement of the North Carolina Divisiton of Coastal Management (l7CM), whereby you. requested wxit~ten confirmation o'the presertcc of coastal wetlands on lots 7, 10, and 1 l iz~. T~oliday Shores Subdivision, i.n the Town of Rodamthe, T~axe County. North Carolina. Mx. Tyndall has asked xz:te to respond to your request and to: apologize for hirxx the seemingly long delay in resporadi,ng. Ozr. October 6, 2006, Mr. Tyndall attd myself were onsite at fire lots in question and detenmined that althou~. there were substantial coastal wetlands adjacent to the area and the presence of at least two coastal wetland species on lot ~7, it appeared flint the area within lots 7, ?~ 0, and 11 were not subject to the regular or occasional fl.oodi~ng from the tides as necessary to be determined. a Coastal. Wetland Area of Environrxtental Concern (AEC). Therefore, the DCM is not clai.mi.t~,g coastal wetland juriad.ictional with the wetlands vn the tl~uree subject lots. .T.Towever, please note that the DC.IV,(as claiming the open waters of the adjacent canal as Estuarine Waters and that 75' landward of the normal high water of the canal is witk~in the Coastal Shoreline AEC. Therefore, any development within the Coastal Shoreline will require a Coastal Area Management Act (CAMA) permit before work can begin. I appreciate your ef!'orts to comply with the perni.i.t requirements of the DC.M• 1•£1 can be of furthox asszstat~ec, please feel froc to contact rrxe. Sincerely, . ohn Cccc Fie1c1, Represe~itative, ~, . 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252.264-39011 FAX: 252-264-37231 Internet: www,nccaastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 3i)% Post consumer Fiber Paper Received 12-5d-2056 53:d9pm From-252d733B22 Ta-QIJIBLE~ASSOCIATES Page 552