HomeMy WebLinkAbout20071479 Ver 1_401 Application_20070807Y
ENVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 27948
~ttached ^ Under separate cover via
(252) 441-0239
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THESE ARE TRANSMITTED as checked below:
Q~For approval ^ Approved as submitted ^ Resubmit copies for approval
^ For your use ^ Approved as noted ^ Submit copies for distribution
^ As requested ^ Returned for corrections ^ Return corrected prints
^ For review and comment ^
^ FOR BIDS DUE ^ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO L1S CF ~T ~ '`}T~~'c- 4~~ CLtF_ c Fes( (~F~
SIGNED:
/f enclosures are not as noted, kindly notify us at once.
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AUG 3 0 2007
yVETLAN~ AND ATgTpi~il,~AMIIT6R 4RANCH
Pre-Construction Notification (PC:N) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ 7 ~ 4 7' 9
irr,..... _..~ __~__ ..__--
~-- ~-., r~=.=..u.u= ._.,... _~ __~~ aYY.i~auic w uus project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this prof e;ct:
® 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 Numbers I Requested: Nationwide 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 Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
Name:_ Mainstay Construction Inc., C/O Don Williams
Mailing Address: 2994 Caratoke Hi hwav
Cumtuck, NC 27929
PAID
Page 1 of 9
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Telephone Number: 252/ 232-0033
Fax Number: 252/232-0031
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: Kendall Turna e or Gre~_Daisey
Company Affiliation: Environmental Professionals, Inc.
Mailing Address: PO Box 3368
Kill Devil Hills NC 27948
Telephone Number: 252/441-0239 Fax Number: 252/441-0721
E-mail Address: environmentalpro earthlink net
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 include-d. 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 maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE 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 neaps are provided.
1. Name of project:_ Lots 13 & 14 of Juniper Ridge
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 8031 49 3722; 8031 49 4911
4. Location
County: Currituck Nearest Town: Movock, NC
Subdivision name (include phase/lot number): Juniper Ridge - Lots 13 & 14
Directions to site (include road numbers/names, landmarks, etc.): US Hwy 158 North
toward the town of Movock East on Puddin Ridt;e Rd. South on Tulls Creek Rd South
onto Tabbv Street to 115 and 117 Tabbv St
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): 36 ° 31' 17.00" °N 76° 09'28.16" °W
Page 2 of 9
6. Property size (acres): 3.00 ac. (Lot 13); 3.39 ac. 1 Lot 14);
7. Name of nearest receiving body of water: Moyock: Run
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 h~://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: vacant wooded lots in an approved subdivision (Juniper
Ridge ).
10. Describe the overall project in detail, including the type of equipment to be used: A
proposed wetland crossing will traverse 404 wetlands and a ditch through these wetlands.
The wetland fill activities (6 028.8 SF will allow the applicant to access the high rg_ound
areas that are of adequate size for the development of two (one on each lot) sin lg e family
dwellings and associated septic systems Equi~me:nt to be used includes a dump truck and
front-end loader.
11. Explain the purpose of the proposed work: To allow the applicant to access portions of high
ground for the development of two sin le famil~dvvellin~s and resultingseptic s stems.
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.
_ US Army Corps of Engineers Jurisdictional Determination materials submitted for
review and approval to USACE on January 30 2007
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.
None antici ated
Page 3 of 9
VI. Proposed Impacts to Waters of the United States/V~daters of the State
It is the applicant's (or agent's) responsibility to del:ermine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
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 farms should be included as appropriate.
Photographs maybe 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: Proposed impacts to 6 028 8 sA ft of
a total of 58 759.8 sq ft wetlands existing onsite~. Wetland area to be filled to facilitate
access the hich ground areas that are of adequate size for the development of two (one on
each lot) single family dwellings and associated se~~tic systems.
2. Individually list wetland impacts. Types of impacts include, but are not l imited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams
separately list impacts due to both structure and floodin ,
g.
3.
Wetland Impact Type of Wetland Located within Distance to Area of
100-year Nearest
Site Number Type of Impact (e.g., forested, marsh Impact
,
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no) linear feet
1
Earthen Fill Shrub /scrub yes N/A 0.02 ac
2 Earthen Fill Shrub /scrub yes N/A 0.12 ac
Total Wetland Impact (acres) 0.14 ac.
4. List the total acreage (estimated) of all existing wetlands on the property:1.349 ac.- Both Lots
5. 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/straighterting, 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 acrea e, multi 1 leri h X width, then divide by 43,560.
Stream Impact Average Impact Area of
Number Stream Name T e of Im act Perennial or
~ p Internullent? Stream Width Length Impact
indicate on ma Before Im act linear feet (acres)
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage) N/A
Page 4 of 9
6. 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, dredging, flooding, drainage, bulkheads, etc.
7.
Open Water Impact N Type of Waterbody Area of
Site Number ame of Waterbody
(if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) N/A
8. List the cumulative im act to all Waters of the U.S. resulting from the project'
Stream Impact (acres): N/A
Wetland Impact (acres): 0.14 ac
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): N/A
9. 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.
N/A
10. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
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. Proposed wetland fill activities
will allow applicant to access the portions of hi h ourid that are on the western portion of the
two properties. Lot 13 will be rendered usable as intended as a home site with this proposed
Page 5 of 9
action. Wetland impact is minimized by allowin one ac_ cess point to high ground for both Lot
13 and Lot 14. These high ground areas are of adequate; size for the development of two single
family dwellings and resulting._septic systems The proposed wetland crossing will traverse 404
wetlands and a ditch through the wetlands A turn out area is proposed on the existing high
Around that is the former spoil ridge for the ditch
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.
USAGE - In accordance with the Final Notice of I:>suance 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 USAGE 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.us/ncwetlands/strmgide 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.
Applicant will purchase 0.25 acres of In Lieu _Fee Riparian Mitigation wetland credits
from the NCEEP. Please see NCEEP acceptance letter attached.
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
Page 6 of 9
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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.25 ac
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) 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 E~,nvironmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEl?A document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ^ No
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
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to dete;rmine, 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. A..11 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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
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.
Page 7 of 9
3.
Zone* Im act
s uare feet
Multipaier
Required
Miti ation
1 N/A 3 (2 for Catawba) N/A
2 N/A 1.5 N/A
Total N/A N/A
~~..~ . ~n««u~ ~u~ w iee[ perpenaicu~ar from the top or the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
4. 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.
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.
Lot 13: Home - 2232 SF; Driveway and Parking - 61.37 SF_; Total - 8369
6.4% of total area; 7.9% of hi h ground
Lot 14: Home - 2232 SF; Driveway and Parking - 6871 SF; Total - 9103
6.2% of total area; 8 0% of huh ground
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.
A conventional septic tank and drain field will bc,_installed on high ground for both single
family dwellings.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Page 8 of 9
Is this an after-the-fact permit application? Yes ^
XIV. Cumulative Impacts (required by DWQ)
XV.
No
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream ~,vater 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 f,~uality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The proposed fill area will provide access to sufficient sized high ground area for any
proposed single family dwelling use.
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 Tissues outside of the applicant's control).
N/A
Ap~lfcant/A
(Agent's signature is
~E~T
s Signature Date
. only if an authorization letter from the applicant is provided.)
Page 9 of 9
~~ ~a~tn eat
PR06RAM
August 1S, 2007
Don Williams
Mainstay Construction, Inc.
2994 Caratoke Highway
Currituck, NC 27929
Project: Tabby Court, Section 2 Lots 13/14 County: Currituck
The purpose of this letter is to notify you that the North Cazolina Ecosystem Enhancement Program {NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. )(f we have not received a copy of
the issued 404 Permit/401 Certificatlon/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment. must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid [o NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
fnllnwino tal,ln
Pasquoank ~ Stream (feet)
03010205 '
Impacts I 0 0 0 O.I39
Credits 0 0 0 0.278
(acres) Buffer I Buffer II
(Sq. Ft.) (Sq. Ft.)
Marsh
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 responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Und~;rstanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
Sincerely, Q
d?
Willi tt .Gilmore, PE
Director
cc: Cyndi Kazoly, NCDWQ Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, NCDWQ- Washington
Greg Daisey, agent
File
1~.P~tDYl~... F ~ ti°~ OGLY Sta~t~
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9.715-04761 www.nceep.net
A[)'1'HORi7.ATIt1N Tt) AC'f AS REPRESH;NTATIVEFQRM
L.andowncr of rucoxd authorizes Envu~onmental Yrofcssionals, loc. to:
enter the property to gather environmental and site information, including delineation of
Environmental regulatory jurisdictions;
2. enter the site with the regtelatnry agencies (i.e. [1.5. Army Corps of L+ngineers,
North Carolina Divie.ion of Coastal Management, )`fort}t Carolina Division of W star
Quality, etc.) as Healed to review regulatory alignn~ent(a) and to identify additional
regulatory jurisdictions; and
submit plate and outer information to acquire regulatory agency confirmations and/or
approvals (U.S. Army Corps of En6*incers, North C.'aro)ina Division cif Coastal
Management, North Carolina Division of Water Quality, etcJ.
(Please note: If the Cllcnt i~ not the Landowner of Record, the Clie~tt and
Landowner MUST sign below.)
1 ~ ~.
( Landowner
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Name: MOYOCK Location: 036° 31' 17.00" N 076° 09' 28.16" W
Date: 8/24/2007 Caption: Lot 13-14 Juniper Ridge
Scale: 1 inch equals 2000 feet Moyock, Currituck County
North Carolina
Copyright (C) 1998, Maptech, Inc