HomeMy WebLinkAbout20072013 Ver 1_CAMA Application_20071130~oASrAL-~ ~~ir ASSiSr~wcE ~
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Mr. Ian McMillan
Environmental Senior Specialist
N. C. Division of Water Quality
401 Oversight & Express Permitting Unit
2321 Crabtree Blvd.
Raleigh, NC 27604 - 2260
Re : Bridgewater Subdivision Phase 2, Beaufort, Carteret County
Request to Process Water Quality General Permit to Fill Isolated Wetland
Dear Mr. McMillan:
November 27, 2007
This correspondence concerns the subject attached application to fill 0.217 acres of isolated wetlands near Ware
Creek in Carteret County. These wetlands were delineated & approved by the USACE on August 23, 2007.On behalf
of the owner, I have been asked to obtain an official notification of approval to fill 0.217 A of this wetland area to
provide for vehicular access to 4 separate lots for residential construction on his property. In this regard, please see
the enclosed application, figures & attachment. To aid in NC DWQ 's review of this request, I have also forwarded a
copy of this application package to Ms. Joanne Steenhuis of the Wilmington Regional Office.
Your assistance with this application at your earliest convenience is appreciated. You may reach me by phone at
252.599.1040.
Again, thank you for your assistance.
Sincerely,
~ 1
Dennis W. Hawthorn
Coastal Area Permit Assistance
cc: Joanne Steenhuis, Wilmington DWQ
Enclosures/Attachments (2)
Q~c~~oe~~
NOV 3 0 2007
DENR -WATER QUALITY
WE7LAND3 AFlD S70RI4pMATER 9RANCH
07-2013
Gaw.stal Area Permit A~+I~tanct
CANNA G \\/attand Araa Parmit Assl'tanca. Cmrlranmtntal Aaxasmants.\\/atLand DaUnaation~
l..lilpiny Proparty Own~ra fHanapa ~svsLopmant \\/ith Costal Conxrvation In Mind
252. 599. 104p / 252 441. 1~5~
07-2013
Office Use Only: Form
Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I.
II.
Processing
Check all of the approval(s) requested for this project:
^ Section 404 Permit ^ Riparian or Watershed Buffer
Rules
^ Section 10 Permit X Isolated Wetland Permit from
DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality
Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the
401 Certification is not required, check here: X COURTESY COPY ONLY
4. If payment into the North Carolina Ecosystem Enhancement Program
(NCEEP) is proposed for mitigation of impacts, attach the acceptance letter
from NCEEP, complete section VIII, and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties
(listed on page 4), and the project is within a North Carolina Division of
Coastal Management Area of Environmental Concern (see the top of page 2
for further details), check here: ^
Applicant Information
1. Owner/Applicant Information N0~ 3 0 2007
Name: Martin Baum c/o Ron Hardee - uENR - wATer~ caunurv
Mailing Address: 104 Rattan Lane a~tnrros~wo storrruw;~t~ eRnNCH
Morehead City, NC 28557
Telephone Number: 252.241.0647 Fax Number:
E-mail Address:
2.
Agent/Consultant Information (A signed and .dated copy of the Agent
Authorization letter must be attached if the Agent has signatory authority for
the owner/applicant.) (See attached contract Clause # 4
Name: Dennis W. Hawthorn
Company Affiliation: Coastal Area Permit Assistance
Mailing Address: 120 Jimmy Ct., Kill Devil Hills, NC 27948
Telephone Number: 252.599.1040
E-mail Address: dennis@coastalpermitassistance.com
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. Both the vicinity map and site plan must include a scale
and north arrow. The specific footprints of all buildings, impervious surfaces, or
other facilities must be included. If possible, the maps and plans should include
the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the
property boundaries outlined. Plan drawings, or other maps may be included at
the applicant's discretion, so long as the property is clearly defined. For
administrative and distribution purposes, the USACE requires information to be
submitted on sheets no larger than 11 by 17-inch format; however, DWQ may
accept paperwork of any size. DWQ prefers full-size construction drawings
rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will
be informed that the project has been placed on hold until decipherable maps are
provided.
1. Name of project:_Bridgewater Subdivision, Phase 2
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 639804921094 & 639804915652
4. Location
County: Carteret Town: Beaufort
Subdivision name (include phase/lot number): Bridgewater Subdivision,
Phase 2
Directions to site (include road numbers/names, landmarks, etc.): Proceed
south from Havelock on NC 101, toward Beaufort. Cross the ICW. Turn right onto
Russell's Creek Road. Bridgewater SID is on right approx..75 mile. Lots 4, 23,
24, 8~ 25 are on Bridgewater Drive on right approx. 700 ft off of Russell's Creek
Road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a
sheet that separately lists the coordinates for each crossing of a distinct
waterbody.)
Decimal Degrees (6 digits minimum): 34. 7765 ° N X 76.6709 ° W
6. Property size (acres): Lot 4,1 A; lot 23, 1.15 A; lot 24,1.23 A;
!ot 25, 1.42 A.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the
current application.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all
impacts to wetlands, open water, and stream channels associated with the project.
Each impact must be listed separately in the tables below (e.g., culvert installation
should be listed separately from riprap dissipater pads). Be sure to indicate if an
impact is temporary. All proposed impacts, permanent and temporary, must be
listed, and must be labeled and clearly identifiable on an accompanying site plan.
All wetlands and waters, and all streams (intermittent and perennial) should be
shown on a delineation map, whether or not impacts are proposed to these
systems. Wetland and stream evaluation and delineation forms should be
included as appropriate. Photographs may be included at the applicant's
discretion. If this proposed impact is strictly for wetland or stream mitigation, list
and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Permanent fill of
9,450 sf (0.217 A) of isolated wetlands in order to provide vehicular access to
4 individual lots. Siltation fence will be installed along the edge of the
proposed fill areas to avoid filling of the remaining isolated wetland area. Fill
will come from an approved upland source.
2.
3. Individually list wetland impacts. Types of impacts include, but are not
limited to mechanized clearing, grading, fill, excavation, flooding,
ditching/drainage, etc. For dams, separately list impacts due to both structure
and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Area A Fill Herbaceous /remnant ditch Yes 430 ft 0.112 A
Area B Fill Herbaceous !remnant ditch Yes 430 ft 0.105 A
7. Name of nearest receiving body of water: Ware Creek
8. River Basin:_Bogue -Core Sounds HPU # 03020106
(Note -this must be one of North Carolina's seventeen designated major river
basins. The River Basin map is available at
http://h2o. enr. state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity
of the project at the time of this application:
Newly created subdivision in process of installing infrastructure & lof
accesses.
10. Describe the overall project in detail, including the type of equipment to be
used: Projecf proposes fo fill two ends of an isolated wefland area in
order to provide vehicular access to 4 individual lofs. The areas will be filled
with a dump truck & front end loader. Driveways will be filled with clean fill
material from an upland source. Areas will be spread by front end loader &
grading tractor. A total of 9,450 sf of isolated wetlands will be filled. Siltation
fence will be installed along the edge of the proposed till areas to avoid filling of
the remaining isolated wetland area.
11. Explain the purpose of the proposed work:_To provide vehicular access to 4
individual lots
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or
obtained for this project (including all prior phases of the same subdivision) in the
past, please explain. Include the USACE Action ID Number, DWQ Project
Number, application date, and date permits and certifications were issued or
withdrawn. Provide photocopies of previously issued permits, certifications or
other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a
NCDOT project, list and describe permits issued for prior segments of the same
T.I.P. project, along with construction schedules.
Wetland plat for Phase 2 of Subdivision signed by U S Army Corps of Engineers on
8/23/07 provided with Phis application. Property was also signed off by USACE on
3/04/05 "Ware Creek Property" under previous land owner
8. Isolated Waters
Do any isolated waters exist on the property? X Yes ^ No
9. Describe all impacts to isolated waters, and include the type of water
(wetland or stream) and the size of the proposed impact (acres or linear
feet). Please note that this section only applies to waters that have
specifically been determined to be isolated by the USACE. Permanent fill
of 9,450 sf (0.217 AJ of isolated wetlands in order to provide vehicular access
to 4 individual lots. Two ends of wetland will be filled. The wetland was
identified on 8/23/07by USACE as an Isolated Wetland. Area is vegetated
with predominately herbaceous plants is a remnant ditch & barrow area.
Siltation fence will be installed along the edge of the proposed fill areas to
avoid filling of the remaining isolated wetland area. Fill will come from an
approved upland source.
10. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts
should be included above in the wetland and stream impact sections. Also,
the proposed pond should be described here and illustrated on any maps
included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation,
installation of draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic,
trout pond, local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface
area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be
useful to provide information related to site constraints such as topography,
building ordinances, accessibility, and financial viability of the project. The
applicant may attach drawings of alternative, lower-impact site layouts, and
explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss
construction techniques to be followed during construction to reduce impacts.
Project proposes to fill only minimum area needed to provide access to 4 individual
lots instead of requesting to fill maximum allowable area per lot.
Total Wetland Impact (acres) 0.217A
4. List the total acreage (estimated) of all existing wetlands on the property:
1.035 A
5. Individually list all intermittent and perennial stream impacts. Be sure to
identify temporary impacts. Stream impacts include, but are not limited to
placement of fill or culverts, dam construction, flooding, relocation,
stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.),
excavation, ditching/straightening, etc. If stream relocation is proposed, plans
and profiles showing the linear footprint for both the original and relocated
streams must be included. To calculate acreage, multiply length X width, then
divide by 43.560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of '
Impact
(acres)
NONE
Total Stream Impact (by length and acreage) NONE
6. Individually list all open water impacts (including lakes, ponds, estuaries,
sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts
include, but are not limited to fill, excavation, dredging, flooding, drainage,
bulkheads_ etc_
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type o~ Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
Total Open Water Impact (acres) NONE
7. List t
he cumulative impact to all Waters of the U.S. resultin from the pro'ect
Stream Impact (acres):
Wetland Impact (acres): ISOLATED WETLANDS 0.217 A
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by
the NC Division of Water Quality for projects involving greater than or equal to
one acre of impacts to freshwater wetlands or greater than or equal to 150 linear
feet of total impacts to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of
Nationwide Permits, published in the Federal Register on January 15, 2002,
mitigation will be required when necessary to ensure that adverse effects to the
aquatic environment are minimal. Factors including size and type of proposed
impact and function and relative value of the impacted aquatic resource will be
considered in determining acceptability of appropriate and practicable mitigation
as proposed. Examples of mitigation that may be appropriate and practicable
include, but are not limited to: reducing the size of the project; establishing and
maintaining wetland and/or upland vegetated buffers to protect open waters such
as streams; and replacing losses of aquatic resource functions and values by
creating, restoring, enhancing, or preserving similar functions and values,
preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be
attached in order for USACE or DWQ to consider the application complete for
processing. Any application lacking a required mitigation plan or NCEEP
concurrence shall be placed on hold as incomplete. An applicant may also choose
to review the current guidelines for stream restoration in DWQ's Draft Technical
Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description
should provide as much information as possible, including, but not limited to:
site location (attach directions and/or map, if offsite), affected stream and
river basin, type and amount (acreage/linear feet) of mitigation proposed
(restoration, enhancement, creation, ' or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.),
and a description of the current site conditions and proposed method of
construction. Please attach a separate sheet if more space is needed.
Mitigation not required. Proposal planned so to be consistent with NCDWQ
General Permit rules for Isolated Wetland fill /impacts.
2. Mitigation may also be made by payment into the North Carolina Ecosystem
Enhancement Program (NCEEP}. Please note it is the applicant's
responsibility to contact the NCEEP at (919) 715-0476 to determine
availability, and written approval from the NCEEP indicating that they are
will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP,
check the NCEEP website at lgt~;~:!i~~~~~~-~v.r~.~~~p ~~et'} a~~si~n?~~u~~~;i~ ~ °,
If use of the NCEEP is proposed, please check the appropriate box on page
five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):-
Amount ofNon-riparian wetland mitigation requested (acres.
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or
the use of public (federaUstate) land? Yes ^ No X
2. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the National or North Carolina Environmental
Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA
document is required, call the SEPA coordinator at (919) 733-5083 to review
current thresholds for environmental documentation.
Yes ^ No X
3. If yes, has the document review been finalized by the State Clearinghouse? If
so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^
No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) -responsibility to determine, delineate and map all
impacts to required state and local buffers associated with the project. The
applicant must also provide justification for these impacts in Section VII above.
All proposed impacts must be listed herein, and must be clearly identifiable on the
accompanying site plan. All buffers must be shown on a map, whether or not
impacts are proposed to the buffers. Correspondence from the DWQ Regional
Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A
NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC
02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water
Supply Buffer Requirements), or other (please identify NO _ ~~
2. If "yes", identify the square feet and acreage of impact to each zone of the
riparian buffers. If buffer mitigation is required calculate the required amount
of mitigation by applying the buffer multipliers.
Zone* Impact Multiplier Required
(square feed Mitieation
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2
extends an ,
additiona120 feet from the edge of Zone 1. -
3. If buffer mitigation is required, please discuss what type of mitigation is
proposed (i.e., Donation of Property, Riparian Buffer Restoration /
Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please
attach all appropriate information as identified within 15A NCAC 2B .0242 or
.0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the
site. Discuss stormwater controls proposed in order to protect surface waters and
wetlands downstream from the property. If percent impervious surface exceeds
20%, please provide calculations demonstrating total proposed impervious level.
18.19 A total tract size. 1.446 A of existing road impervious surface. 7.9 % of
existing site is impervious. The proposed driveway areas will be 0.482 A. A total of
10.6 % of the total site would be impervious. The proposed driveways will be for
approved residential lots.
XII. Sewage Disposal (required by DWQ)
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.
None proposed by this proiect. The Subdivision will eventually be serviced by septic
tank drainfield.
XIII. Violations (required. by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any
Buffer Rules?
Yes ^ No X^
Is this an after-the-fact permit application? Yes ^ No X^
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result
in additional development, which could impact nearby downstream water quality?
Yes ^
If yes, please submit a qualitative or quantitative cumulative impact analysis in
accordance with the most recent North Carolina Division of Water Quality policy
posted on our website at http:/~1?_":~.e~~r s~~te f-_c ~~s~~~c~~~etlE@~+c~s: If no, please
provide a short narrative description: The project will allow the construction of four
individual single family residents. The proposed fill will impact an isolated wetland
area identified by the USACE on 8!23107 that was previously a remnant ditch ~
barrow area but will allow a wetland area to remain that will aid in stormwater
retention.
No x^
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance
of desired construction dates to allow processing time for these permits.
However, an applicant may choose to list constraints associated with construction
or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species,
accessibility problems, or other issues outside of the applicant's control).
Applicant wishes to proceed as soon as possible so that site development can
continue.
% App is t/Agent's Signature Date
(Agent's si tore is valid only if an authorization statement is provided.
Bridgewater Subdivision
Location Figure
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A~era~i {nom ~'r~t AEn~i Maps c~P~ Maps '_'~atei~rte Pi
FIGURE 2 BRID6EWATER SUBDIVISION PHASE 2 CULVERT PROJECT LOCATION
F'~~r~t M.~4, ([.k~wnic~ad Mai~Vack ~ Bookrnar
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Contract For Professional Services
o~v// NI//a~ IvL 27y48
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~~"~~~: v
Exhibit B: Proposal Date: September 5, 2007 PN.: 0917507A
Subject : N. C. Division of Water Quality Isolated Wetlands Fill Permit
~TAGNI~G~b.CT .1
This agreement document is provided by Coastal Area Permit Assistance, LLC, as a proposal to assist the Client, Ron Hardee, in the acquisition of a
NC Division of Water Quality 401 General Permit to fill jurisdictional "Isolated Wetlands" in Carteret County, near the Town of Beaufort, NC. This
contract concerns applying for & obtaining one fill permit to provide driveway culvert access for 4 adjacent lots in the Bridgewater Subdivision. The
scope of this contract is as follows. This contract
• tMll provide the necessary fieldwork to confirm the proposed fill area will be consistent with the General Permit requirements to fill wetlands
regulated as "Isolated Wetlands" as defined by the rules & polices of the NC Division of Water Quality (DWQ).
• WiIF provide the cien~representation with the DWQ & the NC Eoasystern Enhaneement Program-(fVGEEP) as r ~ee~ssary #o acc-0mpNsh the
issuance of one fill permit.
• Will prepare & submit the necessary DWQ permit application necessary to acquire DWQ authorization to construct 2 or 3 separate culvert
crossings to provide for four driveway accessways, specifically for Lots 4, 23, 24, & 25 in the Bridgewater Subdivision.
• This contract does not provide for the necessary fees that maybe associated with wetland mitigation required by DWQ through the NCEEEP, or
attorney & additional surveying fees. It is estimated that the NCEEP mitigation fee, if required, could be between $3,500.00 & $7,000.00,
approximately. CAPA will attempt to make all necessary application attachments without additional surveyor services, but there is no guarantee
that these additional services may be necessary at some later date.
• This contract does not guarantee the DWQ will issue the desired permits, nor does it guarantee that the NCEEP will accept any proposed
mitigation bank offer but does commit to representing the Client in a professional, legal manner in the best interest of the Client.
1. CAPA agrees to perform the services described above
2. CAPA agrees to commence these services upon the receipt of this signed document and a Retainer~~
~~~
3. The Client agrees upon permit issuance or other written outcome regarding the project as described above, to provide
a final payment of
4. The Contract Agreement Parties agree to the above conditions, & recognize the signed agent below to coordinate the requested
permit issuance as indicated by the signatures, billing address and project location provided below.
Clients Signature
Service Provider I Agent
Coastal Area permit
Assistance, LLC
Date
~ c ~ / ,rq T /1/G~
Billing I Invoice Address I Phone No.
September 5.2007
Date
Payment to be made to: Coastal Area Permit Assistance, LLC
120 Jimmy Court, Kill Devil Hills, NC 27948
Coastal Area Permit Assistance
Wetland Delineations, CAMA &t Wetland Permit Assistance, Environmental Assessments
"Helping Property Owners Manage Development With Coastal Conservation In Mind"
252.599.1040 / 252.441.1353