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HomeMy WebLinkAbout20221642 Ver 1_ePCN Application_20221117DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 11/17/2022 BIMS # Assigned * Version#* 20221642 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Robert Tankard:eads\rbtankard Information for Initial Review la. Name of project: COURTESY COPY 8528 S Old Oregon Inlet Road la. Who is the Primary Contact?* Troy Murphy Reviewing Office* Washington Regional Office - (252) 946-6481 1 b. Primary Contact Email:* lc. Primary Contact Phone:* tmurphy@quible.com (252)491-8147 Date Submitted 11/17/2022 Nearest Body of Water Roanoke Sound Basin Pasquotank Water Classification SA-HQW Site Coordinates Latitude: Longitude: 35.892483 -75.589192 A. Processing Information County (or Counties) where the project is located: Dare Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Cam Realty, LLC 2b. Deed book and page no.: DB 1891, PG 360 2c. Contact Person: Susan MacDonald 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes No 2d. Address Street Address 105 Carter Road Address Line 2 City Plymouth Postal / Zip Code 06782 2e. Telephone Number: (860)866-6693 2g. Email Address: * smacdonald@cookwillow.com 3. Applicant Information (if different from owner) 3a. Name: Mike McVearry 3b. Business Name: 3c. Address Street Address 2508 S. Virginia Dare Trail Address Line 2 City Nags Head Postal / Zip Code 27959 3d. Telephone Number: (252)573-8644 3f. Email Address: * greggreen@villagerealtyobx.com 4. Agent/Consultant (if applicable) 4a. Name: Troy Murphy 4b. Business Name: Quible & Associates P.C. 4c. Address Street Address PO Box 870 Address Line 2 City Kitty Hawk Postal / Zip Code 27949 4d. Telephone Number: (252)491-8147 4f. Email Address: * tmurphy@quible.com C. Project Information and Prior Project History State / Province / Region CT Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Nags Head 2. Project Identification 2a. Property Identification Number: 070912979085 2b. Property size: 0.32 2c. Project Address Street Address 8528 S Old Oregon Inlet Road Address Line 2 City Nags Head Postal / Zip Code 27959 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Roanoke Sound 3b. Water Resources Classification of nearest receiving water: * SA-HQW 3c. What river basin(s) is your project located in?* Pasquotank 3d. Please provide the 12-digit HUC in which the project is located. 030102051502 4. Project Description and History State / Province / Region NC Country USA 4a. 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 site is currently undeveloped uplands and wetlands. Adjacent parcels include single family residences and undeveloped uplands and wetlands. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). NWP 18, Action ID: 200510371 4f. List the total estimated acreage of all existing wetlands on the property: 0.22 4g. List the total estimated linear feet of all existing streams on the property: No streams present 4h. Explain the purpose of the proposed project: * Fill of 0.03 acres of wetlands to accommodate a single family residential development. A fill permit was issued in 2005 for 0.10 acres of wetland fill, mitigation was paid, but only 0.05 acres of wetlands were filled. This permit would be to complete the necessary fill to accommodate the proposed development and fill the remaining previously permitted fill. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project will consist of filling 0.03 acres of wetlands using dump trucks, skid steer, and silt fencing to contain the proposed fill. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Preliminary Approved Not Verified Unknown N/A Corps AID Number: Action ID: 200411585 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 2004, USACE Approved Determination 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(') 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* 1 Residential Development P Estuarine Woody Wetland Wetland No Corps 0.030 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.030 21. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.030 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed fill area has been minimized to achieve the desired single family residential development of this lot. The existing uplands are being utilized. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Silt fencing will be used to contain all fill proposed. All fill will be sloped in a manner that does not promote erosion. 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 this project DOES NOT require Compensatory Mitigation, explain why: A fill permit was issued in 2005 for 0.10 acres of wetland fill, mitigation was paid for the full 0.10 acres, but only 0.05 acres of wetlands were filled. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: No riparian buffers present within the Pasquotank River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC Natural Heritage Program 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * No surface water impacts are proposed. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* National Register of Historic Places 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: This type of development is allowable within the AE flood zones, as long as the first floor elevation exceeds the base flood elevation. 8c. What source(s) did you use to make the floodplain determination?* NC FRIS (Flood Risk Information System) Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document NRCS_Soil_Map.pdf USGS-ROANOKE ISLAND NE.pdf authorization buyer 8528.pdf authorization owner 8528.pdf P22160-NAT 18-LOT 2-111722.pdf File must be PDF or KMZ Comments 443.38KB 1003.92KB 34.63KB 34.98KB 298.62KB The applicant does not have an email address, the email address provided belongs to his Real Estate Agent Greg Green from Village Realty. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Troy Murphy Signature l °i' 44tlf*& Date 11/17/2022 Soil Map —Dare County, North Carolina 35° 53' 36"N 446770 1 — • 044-1 .•- ,r� r* • �� N eCf • �d`o0 Gawp may wok Oa. Map Scale: 1:1,240 if printed on A portrait (8.5" x 11") sheet. 0 15 30 63 Meters 90 Feet 0 50 100 200 300 Mapprojedion: Web Mercator Conerwordinates: WGS84 Edge tics: UTM Zone 18N WGS84 35° 53' 36" N 35° 53' 28" N uson Natural Resources Web Soil Survey National Cooperative Soil Survey woo Conservation Service 11 /11 /2022 Page 1 of 3 Soil Map —Dare County, North Carolina MAP INFORMATION MAP LEGEND Warning: Soil Map may not be valid at this scale. } 2\f)8 _ co w� $ /\{ 7 { / - \ CO \/a) \m co Lo (0 o o ca W z m$ = R 2 7 -® 4 2g o E 0 a CO § / ¥ / # co • 2 - �~ / a 0 $ § 2 L:\.a)(0 / CO • § _ - ' \2 §\ a o co } \ \• \\ \&��c �w co - • .. a 4/)§k k•_®m m2 2m /z /»£\-o«j .c \( [ 92 "5=\ E���0 a) co w °( L< /\ • ) S�§ \\ 0 2t E° of \\\ /\\\\ /{ \j \) \ = as e 2 f , s / 2 J \ ° - co I ± 0 [ f G • : , ) » - e / e i / § / |\ )) / g \ _) ■ © G < . { 0 . 2 ) { / I ! o Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points ■ Special Point Features c m e A z ° ® » § ! = / / ( 5 \ & 2 - _ _ - 2 » ] 2 d = \ 2 , > ! ! _ : | 3 , ƒ | ] | 5 a)) j j j j§// I&) G 3 J 2 K J k< 0 1¢ 0 0> ▪ t# k ie enr Sodic Spot £ 2 /w = co §{ // z Natural Resources Conservation Service cal Soil Map —Dare County, North Carolina Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CrB Corolla-Duckston complex, 0 to 6 percent slopes, rarely flooded 2.5 38.5% DtA Duckston fine sand, 0 to 2 percent slopes, occasionally flooded 3.4 51.5% NeC Newhan fine sand, 0 to 10 percent slopes 0.7 10.0% Totals for Area of Interest 6.6 100.0% USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 11 /11 /2022 Page 3 of 3 035° 55' 00 035° 54' 00.00" N 035° 53' 00.00" N Z O O 0 075° 36' 00.00" W 075° 35' 00.00" W 075° 34' 00.00" O O En co O mile snrcc rasa Associates, P.C. ENGINEERING * CONSULTING * PLANNING ENVIRONMENTAL SCIENCES * SURVEYING Phone: (252) 281-3300 Fax: (252) 261-1260 Web: www.quible.com Declination MN 10.85° W SCALE 1:24000 0 0 i 1000 YARDS 0 i 1 KILOMETER 1 MILE 035° 54' 00.00" N 035° 53' 00.00" N Z O O 0 075° 36' 00.00" W 075° 35' 00.00" W 075° 34' 00.00" Name: ROANOKE ISLAND NE Date: 11 /11 /22 Scale: 1 inch = 2,000 ft. Location: 035° 53' 31.84" N 075° 35' 22.59" W Copyright (C) 2009 MyTopo Datum: NAD27 RE: Dare County Parcel # 007976000, PIN # 070912979085 8528 S. Oregon Inlet Rd., Nags Head, NC As contracted purchaser, I authorize Quible & Associates, P.C. (Quible) to act as permitting agent on my behalf for the purpose of obtaining a Nationwide 18 Permit and 401 Water Quality Certification if necessary. And, I authorize USACE and NCDWR to access the above referenced property as necessary for the same purpose. Authorized Signature Name: Date: RE: Dare County Parcel # 007976000, PIN # 070912979085 8528 S. Oregon Inlet Rd., Nags Head, NC As owner representative of Cam Realty, LLC (owner of the above referenced property) in Nags Head, NC, I authorize Quible & Associates, P.C. to act as permitting agent for the purpose of obtaining a Nationwide 18 Permit and 401 Water Quality Certification if necessary. And, I authorize USACE and NCDWR to access the above referenced property as necessary for the same purpose. Authorized Signature Name: Date: Title: tc(eie) .04 e> (ssa) .'mood 1,a�N� es /3.1e AMN 00/X ee.e 'KEPI Ant,. 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