HomeMy WebLinkAbout20141008 Ver 1_401 Application_20140914ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
(252) 261 -7707 fax (252) 261 -2965
September 18, 2014
Jennifer A. Burdette
NC DWR, 401 Buffer Permitting 'Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
RE: Hensley— Nationwide #18
Lot A, Ocracoke, Hyde County
Dear Ms. Burdette,
Enclosed is a Preconstruction Notification Form (PCN) for a Nationwide# 18 permit to
develop-a residential lot located on Lighthouse Road on Ocracoke Island, Hyde County,
North Carolina.
The proposed impact includes wetland fill in Section 404 wetlands to construct a single
family, residence. Wetland impacts were limited to a total of 0.035 acres, which is
covered under a USACE Nationwide 18 General Permit.
We request that you initiate the application process and if have questions or need
additional information please contact me at 252 - 261 -7707:
Sincerely,
I oug or han
Atlantic Environmental Consultants, LLC
cc: Kyle Barnes, USACOE
o�0F WA 9Or 2 0 1 4 1 0 0 8
� O r
i
Y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
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
® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 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:
❑ Yes ® No
For the record only for Corps Permit:
❑ 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
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Hensley Property
2b.
County:
Hyde
2c.
Nearest municipality / town:
Ocracoke
2d.
Subdivision name:
None
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
d
�'5
�
3a.
Name(s) on Recorded Deed:
Dean Hensley
3b.
Deed Book and Page No.
2081620
Z_ZM4 ,
3c.
Responsible Party (for LLC if
applicable):
none
Di
NR -WATER RESOURCES
3d.
Street address:
PO Box 26
3e.
City, state, zip:
Ravenswood, WV 26164
3f.
Telephone no.:
304- 531 -3856
3g.
Fax no.:
N/A
3h.
Email address:
GuitarHensley @yahoo.com
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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
Faxino -
4h,
Email address
5.
Agent/Consultant Information (if applicable)
5a
Name
Doug Dorman
5b
Business name
(if applicable)
Atlantic Environmental Consultants, LLC
5c
Street address
PO Box 3266
5d-
City, state, zip
Kitty Hawk, NC 27949
5e
Telephone no
252 - 261 =7707
5f
Fax no
252 - 261 -7707
5g
Email address
dougdorman @embargmail com
Page 2 of 11
PCN Form —Version 1 3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a Property identification no (tax PIN or parcel ID)
9500 -28 -4799
1b Site coordinates (in decimal degrees)
Latitude 35 108 Longitude - 75 984
(DD DDDDDD) ( -DD DDDDDD)
1 c Property size
0 22 acres
2. Surface Waters
2a Name of nearest body of water (stream, river, etc) to
Silver Lake- Pamlico Sound
proposed project
2b Water Quality Classification of nearest receiving water
SA
2c River basin
Pamlico Sound
,3. Project Description
3a Descnbe,the existing conditions on the site and the,general land use in the vicinity of the project at the time of this
application
Undeveloped single family lot with existing septic system Property located in developed residential subdivsion
3b List the total estimated acreage of all existing wetlands on the property
0 04 acres
3c List the total estimated linear feet of all existing_ streams (intermittent and perennial) on the property
None
3d Explain the purpose of the proposed project
A home is to be constructed on the °vacant lot and some wetlands need to provide space for the residence
3e Describe the overall project in,detad, including the type of equipment to be used
,Project includes Fill in one (1) area of Section 404 wetlands (0 035 ac) to construct a house Equipment utilized for this
project,to include an excavator or backhoe to construct retaing,wall, a dump truck will bring in fill material During
construction silt fence will be placed at the wetland interface to prevent intrusion of fill material into wetlands not permitted
for fill
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No F1 Unknown
project (including_ all prior phases) in the past?
Comments
4b If{the Corps made the jurisdictional determination, what type
❑ preliminary ® Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company USACOE
Name (if known) Kyke Barnes
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
'Kyle Barnes - 8/21/14
5. Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes, explain in detail according to "help file" instructions
Page 3 of 11
PCN Form — Version 1 3 December 10, 2008 Version
6. Future Project Plans
6a Is this a phased project? ❑ Yes ® No
6b if yes, explain
Page 4 of 11
PCN Form — Version 1 3 December 10, 2008 Version
C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams - tributaries F-1 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
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 ®P ❑ T
404 wetland fill
Scrub shrub
❑ Yes
®, No
® Corps
® DWQ
0 035
W2 ❑ P ❑ T'
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 [:],P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0 035
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
3b
3c
3d
3e
3f
3g
Stream impact
Type,of'impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
❑ PER
❑ Corps
❑ INT
❑' DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER-
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P FIT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
[:]'PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page 5 of 11
PCN Form— Version 1 3 December 10„ 2008 Version
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 individually list all open water impacts below
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 ❑P ❑T
5k Method of construction
02 ❑P ❑T
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below
03 ❑P ❑T
below If an impacts require mitigation, then
you MUST fill out Section D
of this form
6a.
04 ❑P ❑T
❑ Neuse
❑ Tar - Pamlico ❑ Other
Project is in which protected basin?
4f. Total open water impacts
❑ Randleman
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then 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
Flooded
P1
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
P2
mitigation
(square' feet)
(square feet)
Temporary T
impact
required?
5f. Total
131 ❑P ❑T
El Yes
5g *Comments
5h Is a dam high hazard permit required?
51 Expected pond surface area (acres)
51 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 an impacts require mitigation, then
you MUST fill out Section D
of this form
6a.
❑ Neuse
❑ Tar - Pamlico ❑ Other
Project is in which protected basin?
❑ Catawba
❑ Randleman
6b
6c
6d
6e
6f
6g
'Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square' feet)
(square feet)
Temporary T
impact
required?
131 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
El, No
B3 ❑, P ❑ T
❑ Yes
❑ No
6h. Total buffer impacts
61 Comments
Page 6 of 11
PCN Form — Version 1 3 December 10, 2008 Version
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 fill side slope will be 2 1 to mirnze impacts to the wetlands and silt fence will be placed at the,toe of the slope to prevent
additional impacts to the wetlands Due to the size of the lot,it is difficult to.avoid any impacts to the wetlands
1 b Specifically describe measures taken4o avoid or minimize the proposed impacts through construction'techniques
A 2 1 fill slope'is being used instead of the standard 3 1 slope The septic system is already in place therefore the 50' setback
to wetlands will not have to be applied which would increase the fill amount
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 ❑ No
2b. If yes, mitigation is,required by (check all that apply):
® DWQ ® Corps
2c Ifyes, which mitigation option will be used for this
projects
❑ Mitigation bank
Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
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
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)-
square feet
4e Riparian wetland mitigation requested
acres
4f Non - npanan wetland mitigation requested
0 07 acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version
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
❑ Yes ® No
buffer mitigation?
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
6c
6d
6e
Zone
Reason for,impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required:
6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g, payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into � an, approved in -lieu fee fund)
6h Comments-
Page 8 of 11
PCN Form — Version 1 3' December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a
Does the project, include or is it adjacent to protected riparian buffers identified
❑ Yes ® 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
Comments
2.
Stormwater Management Plan
2a
What is the overall percent, imperviousness of this project?
32%
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why- Exisitng residential lot Stormwater rules
do not apply
2d
If'this project DOES require a Stormwater Management Plan, then provide a brief, narrative
descnption,of the plan
❑ Certified Local,Govemment
2e
Who will be responsible for the review of the�Stormwater Management Plan?
'❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified' Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
Hyde County
❑ Phase II
3b
Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
® Other County Standards
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b Have all of the 401 Unit,submittal requirements been met?
® Yes ❑ No
Page 9 of 11
PCN Form —Version 1 3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ�Requlrement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb
If you answered "yes" to,the above, does the,project require preparation of'an
environmental document pursuant to theTegwrements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c
If you answered "yes, to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the, NEPA or SEPA final approval
❑ Yes ®'No
letter )
Comments
2.
Violations (DWQ Requirement)
2a
Is the site in violation of DWQ Wetland Rules (15A NCAC -2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface'Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (45A NCAC 2B 0200)?
2b
Is this an after - the -fact permit application?
❑ Yes ® No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® 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
Exisitng conventional wastewater system
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version
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 ® No
habitat
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
® Raleigh
5c If yes, indicate,the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Contacted a Biologist with the USFWS Field office
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or nearan area designated as essential fish habitat?
❑ "Yes ® No
6b What data sources did you use,to determine whether your site would impact Essential Fish Habitat?
The wetland area would not support Essential Fish Habitat
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tnbal
governments have designated as having'historic or cultural, preservation
❑ Yes ® 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
Contacted Lee Abbott, Assistant,State Archeologist for a determation
8. Flood,Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements Construction be elevated above designated flood plain
requirements for'this location and approved by local municapalities prior to construction
8c What,source(s) did you use to °make the floodplain determinations Hyde County flooplain maps
Doug Dorman
9/18/14
Applicant/Agent's'Printed'Name
Date
pp icant/Agent's Signature
(Agent's signature is valid only Can authorization letter from the applicant
is provided
Page 11 of 11
PCN Form — Version 1 3 December 10, 2008 Version
LEGEND
0 - EX PIPE
0 - EX. 1/2" REBAR
0 - REBAR SET
® - EX. 10" DIA. ROUND CONC MON.
❑ - EX. CEDAR POST WITH TACK
® - EX P/K NAIL & WASHER
- P/K NAIL SET
- CALCULATED POINT
® - WATER METER
PHONE PEDESTAL
- C A.T V.
UTILITY POLE
-{ - GUY WIRE
FIRE HYDRANT
® - ELECT TRANS
AG - ABOVE GRADE
BG - BELOW GRADE
A' - WETLANDS FLAG (Tl
WETLANDS FILL ARE
THE BOUNDARY SURVEY AND WETLAND LINE HAVE
BEEN 'PROVIDED BY SEABOARD SURVEYING AND
PLANNING, INC SURVEY DATED 8/1/14
N /F
SELMA M. COHOON &
BEVERLY J COHgON
(MB 1, PG 79)
NOTES.
1. 'THIS SURVEY IS SUBJECT TO ANY FACTS THAT MAY BE
DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
2. AREA BY COORDINATE COMPUTATION = 9,573 S.F
3 F I WM ZONE "AE" (B.F E 6 0•) (PER FIRM ) + V FREEBOARD
4 PIN N0: 9500 -28 -4799
5. RECORDED REFERENCE- DS 208, PG 620, DB 134, PG. 562
6 MINIMUM BUILDING LINES (MBL), IF SHOWN HEREON. ARE PER THE
CURRENT LOCAL ZONING REGULATIONS. OTHER SETBACKS
AND /OR RESTRICTIONS MAY APPLY AND MUST BE VERIFIED
PRIOR TO CONSTRUCTION
7. ELEVATIONS (NAVO 1988). AS SHOWN
i" OPEN PIPE'
0.5• BG
dry'
f I
/ I
y
m
g
PROPOSED SILT FENCE
DB 208, PG 633)
AT TOE �OF FILL SLOPE
S x
o
LOT A
f
UPLANDS (7,786 S.F )
i -RIGHT OF WAY /
W
WETLANDS(1,787 S.F )
PER PAVEMCNI f
co
A14D SURROUNDING
MONUMENTATTON
_ `�-�`�--
p
/
LOT B
ST
2" OPEN PIPE �^
RIGHT
DRAINFIELD
FLUSH OF ,WAY
� /PER DEED
STYRON PROPERTY
(n
N /F
02, BG
O 4' BG
Ll-- �HTHOUSE RD. —
(30, SR 1326 - ---�;�
(CENTERUN� EF `Pj V
A EME�
0 2' BG F --
BRYA�N'T LANE o.3 Bc
(20' PRIVATE R= /W)
EV 6/14/14 BOUNDARY, AREA
;EDAR POINT ROAD
(30' UNIMPROVED R /W)
2" OPEN PIPE
0 V BG
-PROPOSED 'RESIDENCE
JOHN G CAW, JR
(DB 134, PG 562)
DB 208, PG 633)
I
o
80'
�
I b
1" OPEN PIPE
01
1�C7
W
L I FLUSH
!� LI FLUSH
O)I
co
co
_ `�-�`�--
0000
LOT B
WILLIAM �& HELEN
ro
STYRON PROPERTY
(n
N /F
02, BG
JOHN G CAW, JR
(DB 134, PG 562)
NATIOINVIDE #18 PERMIT SITE PLAN
DA'R I S D EA,N H E'N S'LEY
LOT A — WILLIAM & HELEN STYRON PROPERTY — OCRACOKE
OCRACOKE TOWNSHIP — HYDE COUNTY — NORTH CAROLINA
15' 0' 30' 60' 9a'
"4v li
GRAPHIC SCALE1 °= 30 goe J2ff, dill Y d;;eYA{;lff, /,fyf
FILE: 2014, DATE: 9/10/14 REVISED:
DB 208, PG 633)
I
I
80'
1" OPEN PIPE
01
—
551'13'27 "W ��
z
0 8' BG
'(DISTURBED)
L I FLUSH
!� LI FLUSH
l �f
co
v
_ `�-�`�--
--•- -- -- _.._._.. --.�,
� Q ` \sue
s—,�
s
02, BG
O 4' BG
NATIOINVIDE #18 PERMIT SITE PLAN
DA'R I S D EA,N H E'N S'LEY
LOT A — WILLIAM & HELEN STYRON PROPERTY — OCRACOKE
OCRACOKE TOWNSHIP — HYDE COUNTY — NORTH CAROLINA
15' 0' 30' 60' 9a'
"4v li
GRAPHIC SCALE1 °= 30 goe J2ff, dill Y d;;eYA{;lff, /,fyf
FILE: 2014, DATE: 9/10/14 REVISED:
J.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id SAW- 2014 -01333 County Hyde U.S G S Quad: NC- OCRACOKE
NO'T'IFICATION OF JURISDICTIONAL IDETERAHNATION
Property Owner: P-NC Bank
Jennifer Shanks
Address: PNC -ART -NSA Construction
West Chester, OH, 43242
Telephone Number: (303) 253 -3338
Size (acres) 0.22 Nearest Town Ocracoke
Nearest Waterway Pamlico Sound River Basin Pamlico Sound. North Carolina.
USGS HUC 3020105 Coordinates Latitude. 35.110207
Longitude: - 75.981739
Location description. The property is located at Lot A Lighthouse.Road in the village of,Ocracoke in Hyde County
adjacent to the Pamlico Sound and the Atlantic Ocean North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to,determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference33 CFR Part 331). If you wish, you may request
an approved JD (whichimay be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the.Corps to reevaluate the JD.
R. Approved Determination
_ 'There are Navigable Waters of the United States within the,above described property subject to the permit requirements of
Section 10° of the Rivers.and Harbors Act and Section 404 of the-Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
X There are wetlands on the above described property, subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years-from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps
_ The waters ofthe U S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed=d verified by the Corps. Once verified, this survey will provide an,accurate depiction of all areas subject to
CWA junsdictiori on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
X The,wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 8/21/2014. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ Thereare no waters of the U S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section404 of the,Clean Water Act,(33 USC.1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
Page 1 of 2
X The property is located in.one of the 2& Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal'Management in Washington, NC,,at�(252) 946 -6481' to determine
their requirements.
Placement,of dredged,or fill material within waters of the US.and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any, questions regarding this
determination and/or the Corps regulatory program, please'contact Kyle Barnes at 910 - 251 -4584 or
Kyle° W.Barnes(a),usace. armv.mil.
C. Basis For Determination:
metland&connected to the Pamlico Sound a TNW.
D. Remarks: 0 °04 acres of wetlands were identified on the propertv.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request- The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA'pro. rams, you should,request a certified'wetland`determination from the local office of-the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies,only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you- mayrequestaan administrative appeal under Corps regulations at,33 CFR Part 331. Enclosed you will find,a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
us Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room l0Ml'5
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted'by the Corps, the Corps; must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part,331.5, and that it has been received by the Division Office within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received at the,above,address by October 20, 2014
x *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in,this
correspondence.* *
Corps Regulatory Official: `, PJl.{
copy of original.
Aofflr.A
09/13/2014 �®
NCDEN R
North Carolina Department of Environment and Natural Resources
Pat McCrory Michael Ellison, Director John E Skvarla, III
Governor Ecosystem Enhancement Program Secretary
September 9, 2014
Dean Hensley
PO Box 26
Ravenswood, WV 26164 Expiration of Acceptance: March, 9 2015
Project: Hensley Project County: Hyde
The purpose of this letter is to notify you that the North Carolina Ecosystem'Enhancement Progi am (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with,the above referenced piolect as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP 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. You must also comply with 'al I other state federal or local government ermits iegulations or authorizations associated
with the proposed activity including SL 2009 -337• An Act to Promote the Use of Compensatory Mitigation Banks as amended by
,S L 2011 -343.
This acceptance is valid for six months,from,the date of this letter and is,not transferable If we have not received a copy of the
issued 404 Permit /401, Certification /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 to 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,in your request to use the NCEEP, the impacts that may require compensatory mitigation
are summarized in the following table. The amount of mitigation required and,assigned to NCEEP for this impact is determined by
pe itting agencies and may exceed the impact amounts shown below
I impact
rm� i - -
River CU Stream (feet) Wetlands (acres) Butter 1 Buffer ii
Basin Location (Sq Ft ) ($q Ft )
Cold Cool Warm Ri arian Non-Riparian Coastal Marsh
Tar- 03020105 0 0 0 0 004 0 0 0
Pamlico
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the.N C Department of Env ironment-and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010
Thank you for your interest in the NCEEP if you have any questions or need additional information. please contact Kelly Williams at
,(9,19) 707 -8915
Sincerely,
James, B tanfill
Asset agement Supervisor
cc• NCDWR Washington
Kyle Barnes. US'ACE- Washington
Doug Dorman, agent
1652 Mad Service Center, Raleigh, North Carolina,27699 =1652
Phone ' 919 - 707- 89761Internet www'ncdenrgov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed
in accordance with the.N C Department of Env ironment-and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010
Thank you for your interest in the NCEEP if you have any questions or need additional information. please contact Kelly Williams at
,(9,19) 707 -8915
Sincerely,
James, B tanfill
Asset agement Supervisor
cc• NCDWR Washington
Kyle Barnes. US'ACE- Washington
Doug Dorman, agent
1652 Mad Service Center, Raleigh, North Carolina,27699 =1652
Phone ' 919 - 707- 89761Internet www'ncdenrgov
An Equal Opportunity 1 Affirmative Action Employer - Made in part by recycled paper
Dean Hensley
PO Box 26
Ravenswood, WV 26164
I, authorize Doug Dorman of Atlantic Environmental Consultants, LLC (AEC)
to act on my behalf as my agent in the processing of °applications and to
furnish, upon request, supplemental information in support of the permit
application.
DATE
AUTHO ION
l
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"i4 ,
1 200 m I Sep /18/2014 The materials available at this web site are for informational