20140229 Ver 1_401 Application_20140314

MAR Q 7 2014
February 24, 2014
U.S. Army Corps of Engineers
Regulatory Field Office
2407 West Fifth Street
Washington, NC 27889
Attention: William Wescott
20140229
MAR - 4 2014
IV
Subject: Request for a NW i Permit and corresponding DWQ 401 certification for the placement of 0.095
acres of wetland fill, associated with lot improvements to Mrs. Julia C. Hutcherson's property in Ocracoke,
Hyde County.
This letter is requesting the issuance of a NW 18 permit for the proposed filling of 0.095 acres of
wetland on property owned by Mrs. Julia C. Hutcherson in Ocracoke, Hyde County. The permanent fill is
being proposed to level the project area grade, which will enhance the properties suitability for placement
of a small commercial retail Greenhouse business. The current project area, consist of two upland areas
divided by a wetland bay draw, which is illustrated on the provided wetland plat. The wetland is
characterized as a shrub /pine woodland. It appears to have some history of being cleared in the past and
utilized as a storage area for scrap items. That use has not occurred for some time and it has been allowed
to re- vegetate to its current state. In order to use the lot effectively for the proposed retail business, it will
be necessary to connect the two upland grade elevations for a consistent level project area. This will be
done by bringing in suitable fill material to be placed within 0.095 acres of low wetland, and raise the grade
to match the adjacent upland elevations. The proposed fill area will be clearly marked and stabilized to
prevent any off site erosion beyond the permitted boundaries.
Included with this letter are the location map, PCN, and proposed permit fill plat. If you have
questions or need additional information, please call me at (252) 312 -3692.
Sincerely,
Clay Willis
Cc: Anthony Scarborough, DWQ

Greenhouse Project - Jennifer Rich
(Julia C. Hutcherson Property)
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN 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
1 b.
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
1 e.
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
1 g.
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:
Jennifer Rich — Greenhouse Project
2b.
County:
Hyde
2c.
Nearest municipality / town:
Ocracoke
2d.
Subdivision name:
Not Applicable
2e.
NCDOT only, T.I.P. or state project no:
Not Applicable
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Julia C. Hutcherson (Tommy Hutcherson)
3b.
Deed Book and Page No.
Deed Book # 147, page 850
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
P.O. Box 247
3e.
City, state, zip:
Ocracoke, NC 27960
3f.
Telephone no.:
252 - 921 -0282
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:
rt
5.
Agent/Consultantlnformation'(if applicable)
5&
Name:
Clay Willis
5b.
Business name
(i(applicable):
5c.
Street address:
208 Olde Colony Drive
5d.
City; state, zip:
Edenton, NC „27932
5e. Telephone =.:
252 -312 -3692
5f.
Faz no.:
5g.
Email address:
cwsalmoncreek @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,):
9500 -48 =0045
1b.
Site coordinates (in decimal degrees):
I Latitude: 35.10844 Longitude: - 75.9,7673
1 c.
Property size:
3.82 acres
2.
Surface Waters
2a.
Name of,nearest body of water to proposed project:
Pamlico Sound / Ocracoke Inlet
2b.
Water Quality Classification of nearest receiving water:
PA 'HQW
2c.
River basin:
ar -, ,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 islocated within an existing- residential / business area along NC 12 (Irvin
Garrish Highway) in Ocracoke. This property abuts developed lots to the north and west. TheFeast and southern
side of the project area is undeveloped marsh. Currently, the project area is a forested shrub /pine woodland.
There is some evidence of previous disturbance and property use, butahe land has been allow. ed,to vegetate and
become a shrub %pine woodland. The�adjacent properties area commercial grocery and residential home site.
3b. List the total estimated acreage of-all existing wetlands on the property:
2 acres (87120 so. feet) is an approximate estimate, which includes the entire surveyed property boundary.
3c.
List;the total estimated linear feet of all existing,streams (intermittent,and,perennial) on the property: Approximately 80 feet
of open water man -made ditch along the eastern side of the property. This ditch continues on beyond the property.
3d.
Explain.the, purpose.of the proposed project:
To
provide °adequate fill /grade on the site, rraking',it suitable for the,pl'acement,of a small,locally,owned,Greenhouse Business.
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, provide leveling ofahe,defined''low areas and adequate'grade for a,small retail
commercial site. This will be accomplished by ,@ truck hauling fill material on to the lot and grading with a backhoe or skid steer type of equipment. The
area to be filled will „not,exceed 0:-10 acres within the delineated wetland area.
4.
Jurisdictional, Determinations
4a.
Have jurisdictional wetland:or stream Aetermi nations .by the
X Yes No Unknown
,Corps or State beenirequestedor'obtained,for this property'/
Comments:
project incl6din all prior hases in the ast?
4b.
Ifthe Corps made the jurisdictional determination; whattype
X Preliminary tFinal
of determination was, made?
4c.
If'yes, who,delineated the jurisdictional -areas?
Agency /Consultant Company_:
Name (if known): Clay Willis
4d.
If'yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
USACOE conf rmed the delineated wetland line,on,2 /19/2014
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

66. If'yes, explain.
i
Page '4 of'1 :0
PCN Form —Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sectionswere completed below for ,your project-.(check all that,apply):
X Wetlands Streams — tributaries Buffers Open Waters Pond Construction
2. Wetland]mpacts,
If'there are wetland impacts proposed on the -site„ then complete this question for each wetland area impacted.
'2a.
Wetland impact
number
or
Permanent (P) or
Tem ora (P)-
. 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)
Permanent
Fill
Shrub /Pine
Yes
Corps 404
0.095
W2
W3
W4
W5
W6
2g. Total Wetland Impacts:
0:095
2h. Comments:
3. Stream Impacts
'If there are,pecennial 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 (NT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact .
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h.. Total stream and tributary
impacts
9i. Comments:
Page ,5, of ,10
PCN Form — Version 1.4 January 2009

,4. Open Water•tmpacts
If'there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any otheropen•water of
the U.S. then individually list all open-water impacts below, NONE PROPOSED
4a.
Open water
impact number
Permanent (P) or
Temporary T
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:
5. Pond or Lake Construction
If and or lake construction proposed, then 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 DWQ) Projectsite is not,subject;to the Tar- Pamlico,Buffer Rules
If'projecfwill, impact;a protected riparian, buffer,, then complete,the,chart below. If yes, then individually,list all buffer'impacts
below. If any impacts require. miti ation, then you MUST, fill outSectiob:D of this:form.
6a. Project is 'in which protected basin?
Neuse Tar - Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number—
Permanent,(P) or
T.em ora T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required, ?,
6f.
Zone 1
impact,
(square
feet )
'6g.
Zone'2
irnpact=
(square
feet
61
.62.
•
B3'
B4
B5
B6
6h. Total Buffer Impacts:
6i. Comments:
Page,�5 of 10

D. Impact Justification and Mitigation
1. AvoidanewandWinimization
1a., Specificallytdescribe measures taken to;avoidor,minimize the proposed impacts in desighing''project.
The proposed; wetland fill area is the amount needed to provide adequate useable-space for the ksmall scale retail. greenhouse:
The current lot grade is low within the central part of the lot, making it difficult to effectively use,the. property": Fill will'only be
Placed within the area needed to effectively utilize the property for the greenhouse business.
1b. Specifically describe measures taken to avoid or minimize the, proposed impacts,through construction techniques.
Vegetation disturbance will be kept to the minimum •amount necessary,for the, lot improvements. The project will, install erosion
control measures during the. 'fill activity to,el ninate >any off -site sedimentation. Adjacent wetlands can be clearly marked to
avoid any potential unintended disturbance.
2. Compensatory Mitigation for Im act&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 optionwill be,used for Phis
project?
Mitigation bank,
Paymenttoiin -lieu fee program
Perm ittee Responsible Mitigation
3. Complete ifUsing 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. Com leteif,Makin a Pa ment,to In -lieu Fee Program NOT APPLICABLE
4a. Approval letter from in -lieu fee program is attached.
4b. Stream mitigation requested:
linear,feet
4c. lfusing:stream mitigation ,,stream'temperature:,
4d. Buffer mitigation:requested (DWQ only):
squarefeet
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 atPermittee Responsible Mitigation Plan NOT APPLICABLE
5a. If -using ta, permittee:respon'sible mitigation plan`, provide a description ofthe 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
amounf.of mitiigatiomrequired.
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 buffermitigation 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 (re(tuired by DWQ)
1. Diffuse Flow Plan
la. Does•the project include or is it adjacent to protected riparian
Yes X No
buffers identified within oneof the NC Riparian: Buffer
1 b. If yes, then is,a diffuse flow plan included? If "no, explain why.
Yes No
2. Stormwater Management Plan
2'a. What is the overall percent imperviousness )of this project?
Project•creates less than 1%a.of
impervious'surfacwon the 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 0.35 acres of disturbance. This will,be below,the
threshold of land ,disturbance requiring a Sediment and Erosion �Control,Plan: Proposed �projecYwill 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
r
2e. Who,will be responsible for the review of the Stormwater
Management Plan?
3. Certified Local Government Stormwater,Review
3a. In which local government's,'urisdiction is,this, project? Hyde, Count
Phase II NSW USMP
3b. Which of the following locally - implemented stormwater
Water Supply: Watershed
Other:
management programs a PP I Y ( check all that-apply): _
3c. Has the approved Stormwater Management Plan with proof
Yes X No
of approval been attached?
4. DWQ Stormwater Program Review
Coasta[counties
HQW ORW
4a. 'Which,of the following state - implemented stormwater management
Session Law 2006 =246
programs apply
Other:
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof
Yes No
of approval beemcittached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate
Yes No
requirements?
5b. Have all of the 401 Unit,submittal requirements been met?
Yes No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1&
Does the project,involve an expenditure,of public (federal /state /local) funds or the
Yes X' 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
No
letter.)
Yes
Comments:
2.
Violations-(DWQ Requirement)
2a. Is the site in violation oUDWQ'WeiIand Rules;(15A NCAC -2H .0500),; Isolated
Wetland Rules (15A NCAC -2H .1 300), DWQ Su face; Wateraor Wetland °Standards,
Yes X No
'or rRiparian Buffer Rules (45XNCAG2B'.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,(DWQsRequirement)
3a.
Will this project (based oh °past and', ,;reasonably,anticipaied'future impacts), result in
Yes X N'o,
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 dispositiom(non- discharg&or discharge) of wastewatergenerated 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.
Page 9 of 40'
RCN Form,— Version 1,.4 January 2009

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 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 us_ a 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 NO Natural Heritage Database.
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?
NMFS Essential Fish Habitat`resource list
7. Historic or'Prehistoric Cultural Resources,(Corps Requirement)
7a. Will this project occur in or near an area thatthe 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,significanf,in
North Carolin&history-and archaeology)?
7b. What data sources did you use•to determine whether,your site would impact,,, historic or archeological resources?
NO 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 1 00-year floodplain?
X Yes No
8b. If yes, explain,how project meets FEMA requirements: The proposed 0 :095,acres of fill will not impact the FEMA floodplain
designation. The proposed work will follow_ local building, codes as defined by the building permits and Flood, zone
requirements.
8c. What :source(s) did 'you use to make the floodplain determination? NO Flood plain mapping program
*�signa�tlure
Applicant/Agent' Printed Name
Date
ent's at a (A ent's
orily if an authoriza tion letter
licant'is rovided.
M
Page 16 of 10