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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 '70 M - "i4 , 1 200 m I Sep /18/2014 The materials available at this web site are for informational