HomeMy WebLinkAbout20150402 Ver 1_More Info Received_20150820�d 1 � �
ENYIROBIENTAL August 14, 2015 �
PROFESSIONALS
PLANNING FOR � F
A BETTER �_
i_ `_ '':.:. ; i t
ENVIRONMENT North Carolina Division of Water Quality �, . "'' 0 11
Attn: Mr. Anthony Scarbrau g h l
943 Washington Square Mal U ' 210 15
Washington, NC 27889 i
ES
r3�F� r7!_ �,VIITTiNG
Dear Mr. Scarbraugh, 401 &
RECEIVED /NCDENR/DWR
AUG 2 0 '2015
Water Quality Regional
Operations Section
Washington Regional Office
This letter is with reference to your correspondence of July 22, 2015 regarding the request for additional
information DWR #15 -0406 V2, Currituck County, Envision Future, LLC. This letter is to transmit the
information which we discussed during our telephone conversation. Please be advised that the
North Carolina Division of Coastal Management is in receipt of the Consistency Determination and is
currently distributing that document amongst State Agencies (see attached). The remaining information
will be addressed with reference to the numeration in NCDWR letter.
#1: Please find attached the 1:24000 USGS Map for Mossy Island with the site boundaries indicated.
#2: I have enclosed a full -sized copy of the site plan.
#3: The plat provided indicates the location of wetlands subject to the Clean Water Act. There are no
coastal wetlands or other waters of the United States on the site.
#4: The plat now shows by hatching all wetlands anticipated for impact, and the plan requests direct
impacts to 0.19 acres as indicated in the ENG Form 4345 but expect the entire wetland (0.22
acres) will be impaired.
#5: It is my understanding that your discussion with Mr. Chester Bigelow, Field Representative with
the U.S. Army Corps of Engineers, has clarified this issue. The Consistency Determination
articulates the Existing Site Conditions and Proposed Impacts, including justification. Due to the
fragmented nature of the wetlands at this site, the value of the wetland area is diminished in its
contribution to the environmental values of wetlands and therefore is eligible for consideration
that the project has demonstrated that the impacts are unavoidable, minimized to the extent
practicable, and provides adequate (2:1) compensatory mitigation (see attached Commitment
Letter from The Great Dismal Swamp Restoration Bank, LLC).
I trust this information will be adequate to allow commencement of the processing of this
request.
Sincerely,
YEnvir nmentaI Professi s, Inc.
eorge H. Wood, CEP, PWS
Attachments /Enclosures: a/s
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948
TELEPHONE: 252- 441 -0239 • FAX: 252- 441 -0721 • EMAIL: obxwood @yahoo.com
The Great Dismal Swamp RestorationBank, LLC
P. O. Box 6186
Chesapeake, VA 23323
May 13, 2015
Mr. George Wood
Environmental Professionals, Inc.
P.O. Box 3368
Kill Devil Hills, NC 27948
RE: Envision Future, LLC
Whalehead
Currituck County, NC
Dear Mr. Wood:
Phone (757) 487 -3441
Fax (757) 487 -8680
RECEIVED /NCDENR/DWR
AUG 2 0 2015
Water Quality Regional
Operations Section
Washington Regional Office
The following price quote is given in reply to your request for the purchase of 0.44 wetland mitigation credits (HUC Code 03010205)
from The Great Dismal Swamp RestorationBank Timberlake Farm. These credits are currently available from our Timberlake
mitigation bank.
The cost will be Nine Thousand, Six Hundred, Eighty Dollars ($ 9,680.00). This quote will expire on July 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: Non - Riparian — Nearest Water Body Atlantic Ocean
Permittee Name: Envision Future, LLC
Locality of Impact: Whalehead - Currituck County, NC
Permit action (i.e., IP, NWP -39, enforcement, etc.) NW18
Impacts (acres /linear feet): 0.44
Impacts NWI classification: None
Impacts Hydrologic Unit Code: 03010205
Mitigation Bank, 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.
1 Si cerely,
verly M Whit
Manager unting / Sales
GDSRB
CC: File
North Carolina Division of Coastal Management
Federal Coastal Zone Management Act
Consistency Certification
Envision Future, LLC
Whalehead, Currituck County, North Carolina
Project Background:
Whalehead Subdivision is a resort community development where vacation homes are constructed for
seasonal use. Recent interest in construction of new homes has precipitated the development on Lot 41,
Section 7, Whalehead Drive (36.353788, - 75.820972).
The proposed project consists of a single- family, 8- bedroom construction with associated parking and
wastewater. A swimming pool is anticipated to be installed within the setbacks required for wastewater.
The lot is located between two lots (north and south) which have been filled to support the residences on
those lots. The lot to the west supports a residence and is naturally higher than the subject property.
Whalehead Drive (to the east) is also higher than the proposed lot. The site supports maritime scrub thicket
vegetation and contains wetlands subject to Section 404 of the Clean Water Act (see attached Wetland
Determination form). Of the total site ( +/- 0.46 acres), 0.22 acres are considered wetlands subject to
Section 404 of the Clean Water Act.
Pronosed Impacts:
Development of the site requires that the entire site be disturbed to accommodate the house and parking
resulting in 23.8% of the lot covered in impervious surfaces. Due to parking requirements, setbacks for
wastewater disposal and stormwater measures, the 0.22 acres of wetlands at the site will either be filled or
impacted.
Areas of Environmental Concern:
The project is located within Currituck County which is under the jurisdiction of the Coastal Area
Management Act (CAMA). In order to assess whether the project required a CAMA Major Development
Permit, it was necessary to determine if the project impacted Areas of Environmental Concern (AECs) as
defined in the North Carolina Administrative Code 15A NCAC 07H.
The following information documents that the proposed project will be consistent with the State's Coastal
Management Program and that the consistency process is the appropriate form of DCM review of the
project.
Estuarine and Ocean Systems (15A NCAC 07H .0200):
This category of AECs includes those areas that are either geographically within an estuary or, because of
its location and nature, may significantly affect the estuarine and ocean system. AECs included in
estuarine and ocean system include: coastal wetlands, estuarine waters, public trust areas, and coastal
shorelines.
Coastal Wetlands (15A NCAC 07H.0205):
Coastal wetlands are defined as any salt marsh or other marsh subject to regular or occasional
flooding by tides, including wind tides. Coastal wetlands include some, if not all, of the 10
identified marsh plant species.
Environmental Professionals, Inc. delineated the wetlands at the site, and the U.S. Army Corps of
Engineers has approved the alignment (see attached Preliminary Jurisdictional Determination
Form). The site does not contain species which are subject to regular or irregular flooding and
does not support coastal wetlands. Therefore, this project will not impact coastal wetland areas of
environmental concern.
Estuarine Waters (15A NCAC 07H.0206):
Estuarine waters include all of the waters of the Atlantic Ocean within the boundary of
North Carolina and all of the waters of the bays, sounds, rivers, and tributaries thereto seaward of
the dividing line between coastal fishing waters and inland fishing waters. No estuarine waters are
located in the proposed project area; therefore, this project will not result in impacts to estuarine
waters.
Public Trust Areas (15A NCAC 07H.0207):
Public trust areas are all waters of the Atlantic Ocean and lands thereunder from the mean high
water mark to the seaward limit of the State jurisdiction, including all natural bodies of water
subject to measurable lunar tides and lands thereunder to the mean high water mark. These public
trust areas include all navigable water bodies and lands thereunder to the mean high water level or
mean water level as the case may be. The proposed project will not directly impact waters of the
State of North Carolina and therefore not public trust areas.
Coastal Shorelines (15A NCAC 07H.0209):
Coastal shorelines include estuarine shorelines and public trust shorelines. Estuarine shoreline
areas of environmental concern are those non -ocean shorelines extending from the normal high
water level or normal water level along the estuarine waters, estuary sounds, bays, fresh and
brackish waters, and public trust areas for a distance of 75 feet landward. No estuarine or public
trust shorelines are located within the project area; therefore, the proposed project is outside of the
estuarine shoreline area of environmental concern.
This category is composed of AECs that are considered natural hazard areas along the Atlantic Ocean
shoreline, where, because of their special vulnerability to erosion or other adverse effects of sand, wind,
and water, uncontrolled or incompatible development could unreasonably endanger life or property. Ocean
hazard areas include beaches, frontal dunes, inlet lands, and other areas in which geologic, vegetation and
soil conditions indicate a substantial possibility of excessive erosion or flood damage. The project contains
no ocean hazard areas. Therefore, the proposed project is outside of the ocean hazard area of
environmental concern.
The project is not located within a small surface water supply watershed or public water supply field.
Therefore, the proposed project will not impact public water supplies.
2
Natural and Cultural Resource Areas (15A NCAC 07H .0500):
This category of AECs includes fragile coastal natural and cultural resource areas and is defined as areas
containing environmental, natural or cultural resources of more than local significance in which
uncontrolled or incompatible development could result in major or irreversible damage to natural systems
or cultural resources, scientific, education, or associative values, or aesthetic qualities. No natural or
cultural resources will be impacted by the project.
Outstanding Resource Waters (15A NCAC 02B .0225):
Outstanding Resource Waters (ORW) is a supplemental surface water classification intended to protect
unique and special waters having excellent water quality and being of exceptional state or national
recreational or ecological significance. There are no ORWs within or adjacent to the proposed project site;
therefore, the proposed project will not impact ORWs.
High Quality Waters (15A NCAC 02B .0224):
High Quality Waters (HQW) is a supplemental surface water classification intended to protect waters with
quality higher than State water quality standards. No HQWs within or adjacent to the proposed project site;
therefore, the proposed project will not impact HQWs.
Conclusion:
The proposed project is outside of any Areas of Environmental Concern. As defined in NC
General Statute 113A- 103(5)a, the project does not require authorization pursuant to the Coastal
Area Management Act in that it will not occur in a duly designated Area of Environmental
Concern. The proposed project will not impact State - designated ORWs or HQWs.
General Policy Guidelines:
Environmental Professionals, Inc. has reviewed 15A NCAC 07M's General Policy Guidelines for the
coastal area and has determined that the proposed project is consistent with those guidelines. Certain
sections of the Guidelines, specifically, Sections .0200 Shorelines Erosion Policies, .0300 Shoreline Access
Policies, .0500 Post - Disaster Policies, and .1200 Policies on Ocean Mining are not applicable to the
proposed development activity.
Section 7M .0700 Mitigation Policies are addressed by the mitigation proposal presented to the U.S. Army
Corps of Engineers by purchasing non - riparian wetland mitigation credits from the Great Dismal Swamp
Restoration Bank — Timberlake Farm Site located within the Pasquotank River Basin (HUC 03010205) to
compensate for the impacts associated with fill in Section 404 wetlands. Therefore, the mitigation policies
in .07M are consistent with the proposed plan for development.
Section 7M .0800 Coastal Water Quality Policies have been addressed. The proposed project will result in
impervious area of 23.8% which is minimal. The project is consistent with the Coastal Water Quality
Policies.
Conclusion:
Based on the review of the General Policy Guidelines for Coastal Areas, we assert that the
proposed project is consistent with T15A NCAC Subchapter 07M.
Land Use Plan Review:
The project area is located in Currituck County. The project site is zoned Single Family Outer Banks
(SFO) in the Currituck Unified Development Ordinance (UDO). The Coastal Area Management Act Land
Use Plan (LUP) for Currituck County classifies the site as full service. The proposed project is consistent
with Currituck County UDO and the CAMA LUP.
Envision Future, LLC will obtain all permits and approvals required by the State prior to the construction
and operation of the facility.
State Water Quality (401) Certification
The North Carolina Division of Water Quality 401 certification application is submitted
concurrent to this 404 permit application. DWQ will also review the proposed plan for
compliance with State stormwater requirements.
Sedimentation and Erosion Control Permit
The proposed project will disturb less than one acre; thus, a Sedimentation and Erosion Control
Permit is not required.
These supporting documents, in accordance with 15 CFR 930.58 put forth the data necessary to assess our
assertion of the project is consistent with the Federal Coastal Zone Management Act of 1972, as amended,
and the enforceable policies of the North Carolina approved Coastal Management Program. We request
that the North Carolina Division of Coastal Management concur with our Consistency Certification that the
proposed activity complies with the enforceable policies of the North Carolina Approved Management
Program and will be conducted in a manner consistent with such Program.
4
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« RE Structural independence y
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a RE [EXTERNAL] Envision Future (UNCLASSIFIED) - People *
Scarbraugh, Anthony Today at 1131 AM n
To George Wood, Burdette, Jennifer a, Kathy Cagiano,
Chester C Bigelow @usace army mil
Mr. Wood,
Per our conversation, this Office has discussed Item #5 (avoidance and
minimization of wetland impacts) of the additional information requested
issued on July 22, 2015 with Mr. Chester Bigelow with the US Army Corps
of Engineers During the discussion, Mr. Bigelow explained that the
adjacent properties are built out and existing onsite wetlands are
fragmented In addition, the required mitigation will encompass the
existing wetland area. Therefore, this Office will require a narrative to
document these conditions and the remaining items will need to be
addressed If you have any questions or require any further assistance,
please feel free to contact me.
Regards,
Anthony D Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources - Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252) 948 -3924
++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ +
E -mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties
unless the content Is exempt by statue or other regulation
+++++++++++++++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
From: George Wood [mailto obxwood @yahoo com]
Sent Wednesday, July 22, 2015 3 45 PM
To: Burdette, Jennifer a, Kathy Cagiano, Chester Bigelow @usace army and
Cc: Scarbraugh, Anthony
Subject Re [EXTERNAL] Envision Future (UNCLASSIFIED) - Whalehead -
Currituck County - North Carolina
thanks
we will get to work on it
From: "Burdette, Jennifer a" < Jennifer BurdetteOncdenr aov>
To: Kathy Cagiano <kathvcaaiano0vahoo com>,
"Chester C Biaelov,O)usace armv mil" < Chester C Biaelow(o)usace armv mil>
Cc: George Wood <ghxwoocl@)vahoo.com>, "Scarbraugh, Anthony"
<a nthonv.scarbraua h(a ncdenr.aov>
Sent Wednesday, July 22, 2015 147 PM
Subject RE [EXTERNAL) Envision Future (UNCLASSIFIED) - Whalehead -
Curntuck County - North Carolina
I apologize for the delay in my response. Attached is a digital copy of
our letter requesting additional information regarding the subject
project.
Thanks,
Jennifer
Jennifer Burdette
401 /Buffer Coordinator
401 & Buffer Permitting Unit
NCDENR - Division of Water Resources
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lot 41-nd7-984-whdo*ead--whatehood-ban
PROJECT
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021915
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Cu R I T £B , FG 70
LOT 42, SECTION 7 t
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COUNTY
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THRE�SSTORYBFRAMEO ON EPE �NGTIFOUNDATIONG I�
NORTH CAROLINA
FINISHES} BUILDING PAD GRADE = 10.0'
FINISHED GROUND FLOOR ELEVA TION — tbd' < _
FILL BUILDING PAD AN ADJACENT
VICINITY AP ��f r '�r ^ �'�C;�JI �\��� AREA TO 10.0 +
NOT TO SCALE
GENERAL € OT : � WETLAND LIMITS � :ATV
ACOE JURISDICTIONAL Existing 3/4' Open Iron
Pie 0,2° Abova Grade \
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ROPOSED WASTEWATER REPAIR SYSTEM �L
SUBJECT PROPERTY, �PURAFLO PEAT BIOFILTER SYSTEM
LOT 41, SECTION 7, WHALEHEAD CLUB SUBDIVISION ` A,NOVA1IVE SYSTEM NQ. I 95_1 —R3 Tel
LOT 51, SECTION 7 50' WASTEWATER SETBACK TOP of FILL �
POPLAR BRANCH TOWNSHIP, CURRITUCK COUNTY, NO TREATMENT STANDARD TS -1
WHALEHEAD CLUB ;IESIGN FLOW = 54-0 GPD (7 BEDROOMS) 3.1 FILL SLOP LA
ADDRESS: 984- WHALEHEAD DRIVE„ COROLLA, NO 27927 M.B. 3 PG. 70 `
7 PODS REQUIRED (1 PER BEDROOM) TOE OF FILL tJt
RECORDED REFERENCE: P,C. 3 SL. 70, D.B. 511 PC, 576 LOADING RATE = 0.5 GPD / SQ. FT. AC
OE JURISOIC fiGNAL
PIN : 115A 000 0041 0007 (GLOBAL PIN: 9936 --62 -0675) � GR +VEL BED AREA = QATAR = 1,050 SQ. FT, WETLAND LIMITS
LOT AREA : 20,000 SQ. FT. USE 25% BED REDUCTION
R,•`_ ).UIRED GRAVEL BED AREA = 755 SQ. FT. MIN.
FEMA DATA: COMMUNITY — CURRITUCK COUNTY
GRAVEL BED AREA PROVIDED = 553 SQ. Fi.
CID 370078 PANEL — 9936 SUFFIX -- J WETLAND FLAG BY
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MAP NUMBER 3720933600) r,-'``� "� '•� i
ENVIRONMENTAL PROFESSIONALS, INC. — x
EFFECTIVE DATE — DECEMBER 16, 2005 (TYPICAL)
FIRM ZONE — AE (EL 10`)
FLOOD ZONES SUBJECT TO CHANGE BY FEMA 0.
SUBJECT PROPERTY ZONING. SFO (SINGLE— FAMILY RESIDENTIAL OUTER BANK:; k` -Go "ERA `let 1
BUILDING SETBACKS: `'���
FRONT 20'
Y,
SIDE 10'
REAR - 25°
Existing Fence l a.�' Below G r� MAXIMUM BUILDING HEIGHT: 35' r �C J96Y
s
SEE CURRITUCK COUNTY LIDO FOR HEIGHT DEFINITION
PROPOSED DEVELOPMENT: 7 BEDROOM RESIDENTIAL DWELLING (SINGLE FAMILY; � A
FRAME STRUCTURE ON PILING FOUNDATION 0 a
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PROPOSED BUILDING COVERAGE:
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CONCRETE PARKING AND BREVES — 1,143 SQ. FT. r ®Yr 11,
BUILDING — 2,329 SQ. FT. ° SUBJECT PROPERTY
POOL DECK — CONCRETE — 1,000 SQ, FT. �,
POOL SURFACE AREA 288 SQ. FT. —� G
LOT 41, SECTION 7 .°-` , c� o
° WHALEHEAD CLUB °off
HVAS STAND � — 64 .SO F�7 �* � � � f � � F ° 4k
ITEMS DENOTED ** ARE OPEN WOOD DECK OVER GROUND P.C. 3 SL. 70 -
--`� AREA = 20,000 SQ. FT.
AND ARE NOT INCLUDED IN LOT COVERAGE CALCULATIONS 9$4iALEHEAD DRIVE tit a
v y PROPOSED CONCRETE DRIVEWAY —
TOTAL COVERAGE = 4, 760 SQ. FT. .�-- 1 �` '` `, t � � t ` �t1``'1 �, p s�' ei 6 PROPOSED PARKING SPACES
ee j / EACH SPACE 1O' x 18' MIN.
PERCENT ('�AR�E}'A ( =�y" 2(''0/',000'} SQ. FT. "'� Q `"" �l � et t , l `\ _ � � ,>x, ,� ... ,.,,,:.�, � � - I
f' Gf \.I.,EEV F LV 3 COVERAGE EIl A4iE 2�.?. G3 � �g e d dt lt` � �, �` �Y %� `.,` �Q' ! . � � y ..
MAXIMUM LOT COVERAGE = 30 � �
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