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HomeMy WebLinkAbout20141177 Ver 1_More Info Received_20150222Burdette, Jennifer a From: Kathy Cagiano < kathycagiano@yahoo.com > Sent: Wednesday, February 25, 2015 9:40 AM To: Kyle Barnes Cc: Burdette, Jennifer a; Scheller, Roberto; JohnD @AlbemarleAssociates.com; George Wood Subject: IG Holdings, LLC, Lots 3 - 5, Hatteras Colony, Section 6 Attachments: Sequencing Document.doc; IG Holdings -GDSRB Commitment Letter.PDF Good Morning Kyle, The Sequencing Document and Commitment Letter from the Great Dismal Swamp Restoration Bank are attached for the above - referenced property. As noted in the Sequencing Document, a request has been made to extend the commitment which expired January 31, 2015. Thanks, Kyle. Kathy Environmental Professionals, Inc. 252 - 441 -0239 IG Holdings, LLC Lots 3 -5 — Hatteras Colony — Section 6 Dare County — Kinnakeet Township - North Carolina Sequencing Document The premise of the Section 404 of the Clean Water Act permitting process is to allow no discharge of fill material in waters of the United States if a practicable alternative exists that is less damaging to the resource(s). In order to obtain a permit to place fill within "Waters of the United States," it is necessary to demonstrate that practicable steps have been taken to avoid impacts, unavoidable impacts have been minimized, and that compensatory mitigation will be provided for the unavoidable impacts. This process is referred to as sequencing, and this document will endeavor to articulate measures taken to follow this process in the pursuit of the project's purpose for the application made on behalf of IG Holdings, LLC, Lots 3 -5, Hatteras Colony, Section 6. Project's Purpose: Hatteras Island is a favorite vacation destination and despite limited commercial options, provides visitors with a myriad of services. IG Holdings, LLC has a number of retail outlets focused on providing visitors with goods desired for limited stays. In 2014, IG Holdings, LLC determined that expansion of their business was prudent, and the Avon area was the best location to combat new competitive pressures. A search for a site of one acre (minimum) was conducted in May 2014 and included areas outside of the target areas. These areas included Rodanthe, Waves, Salvo, Buxton, Frisco, and Hatteras and included all commercial properties (retail, hotels, etc.) with the status of active, sold, withdrawn, or under contract. The search yielded zero identified properties. The lack of available property resulted in the realtor researching public records and soliciting the sale of unlisted property. The owners of the subject property were the only ones identified as willing to sell and after negotiations, the property closed on August 29, 2014. Minimization: Engineers were retained to address the Local and State requirements for development. The property is subject to Dare County Unified Development Ordinances, State of North Carolina Division of Energy, Mineral and Land Resources' requirements for stormwater management, and Dare County Health Department for wastewater approval. The combination of these regulations resulted in the need to impact the wetlands at the site to provide adequate area for parking pursuant to the Dare County UDO. The Dare County Health Department required the system be sized to accommodate the proposed structure and provide adequate setbacks required by State Health Regulations. The location of the required stormwater measure (which is proposed as a created wetland) is within an existing wetland area; however, the impacts reported in the application included that area and thus mitigated. The site could not be developed commercially without the extent of the impacts proposed. Permits which have been issued include: ■ Stormwater Permit 47150102 ■ DOT Encroachment Permit 42628 Mitigation: Providing that the Section 404 Guidelines have been satisfied to determine that the design represents the least environmentally damaging practicable alternative, mitigation can be tendered. The applicant has submitted to the Great Dismal Swamp Restoration Bank, LLC a request to accept payment for compensatory mitigation. The Great Dismal Swamp Restoration Bank provided that commitment letter which expired January 31, 2015 (see attached). A request has been made to extend this commitment. Attachment: a/s cc: NC Division of Water Quality /Attn: Ms. Jennifer Burdette ( Jennifer.burdettek/ricderingov) NC Division of Water Quality /Attn: Mr. Roberto Scheller (roberto.scheller @ ncdenr.gov) The Great Dismal Swamp RestorationBank, LLC P. O. Box 6186 Chesapeake, VA 23323 !November 6, 2014 Mr. George Wood Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 RE: IG Holdings, LLC Avon — Dare County, NC Dear Mr. Wood: The following price quote is given 03010205) from The Great Dismal Timberlake mitigation bank. Phone (757) 487 -3441 Fax (757) 487 -8680 in reply to your request for the purchase of 0.543 wetland mitigation credits (HUC Code Swamp RestorationBank Timberlake Farm. These credits are currently available from our The cost will be Eleven Thousand, Four Hundred, Three Dollars ($ 11,403.00). This quote will expire on January 31, 2015. You will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and /or confirm the following information: Corps Project #: Waterway: !Von- Riparian — !Nearest Water Body — Pamlico Sound Permittee Name: 1G Holdings, LLC Locality of Impact: Avon, Dare County, NC Permit action (i.e., IP, NWP -39, enforcement, etc.) IP Impacts (acres /linear feet): 0.272 Impacts NWI classification: None Impacts Hydrologic Unit Code: 03010205 Mitigation Hank, Permittee, and Consultant agree not to discuss with any other party the details and /or pricing of this agreement, unless necessary for regulatory matters. information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote on this project. We look forward to working with you. Si cerely, e erly hite Manager Accounting/Sales GDSRB CC: File