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HomeMy WebLinkAbout20051174 Ver 1_Application_20050628r t_ hA\/P!!r1??t ^F1?T Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 051174 (if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) L Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? 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: ? 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 countie i 4), and the project is within a North Carolina Division of Coastal Man to Ares Environmental Concern (see the top of page 2 for further details), check here: JUN 2 R zaa5 H. Applicant Information WETLM08MN STORMWATERIRMWH Owner/Applicant Information Name: David Pharr Mailing Address: 533 West Ocean Acres Drive. Kill Devil Hills, NC 27948 Telephone Number: 252449-2896 Fax Number: 252-441-7779 E-mail Address: michelle.pharr(alandin g,.com 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.) Name: N/A Company Affiliation: N/A Mailing Address: N/A Telephone Number: N/A Fax Number: N/A E-mail Address: N/A Page 5 of 13 III. Project Information r 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: Jackson Dunes Lot 7, Pharr Property 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): Vol. 134 Page 674 4. Location County: Hyde Nearest Town: Ocracoke Subdivision name (include phase/lot number): Jackson Dune. Lot 7 Directions to site (include road numbers/names, landmarks, etc.): Attached 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): 75.96785 ON 35.11296 °W 6. Property size (acres): .229 7. Name of nearest receiving body of water: Unnamed Tributary, of Pamlico Sound 8. River Basin:_ Tar-Pamlico River Basin (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/mal2s/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Undeveloped lot. surrounding land use residential Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Fill lot to construct single family home 11. Explain the purpose of the proposed work: Prepare lot for residential development, providing prep for septic to meet setbacks 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. Jurisdictional determinations by William Wescott. USACE ACT IN 200511067 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. None anticipated VL 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: Fill 2541 square feet for driveway crossing, Fill 3080 square feet for gad to construct single family dwelling Page 7 of 13 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, sevarately 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 no) Distance to Nearest Stream (linear feet) Area of Impact (acres) NWP 14 1 Fill Fresh water wetland Yes 210 0.06973 NWP 18 2 Fill Fresh water wetland Yes 210 0.05833 Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: .12806 4. 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 cu s, dam construction, flooding, relocation, stabilization activities (e.g., cement wal , rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream re tion is proposed, plans and profiles showing the linear footprint for both the origi and relocated streams must be included. To calculate acreage, multiply length X widt en divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermi verage 11 Stream Width Before Impact Impact Length (linear feet Area of Impact (acres) 10,00 Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, pond estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water im include, but are not limited to fill, excavation, dredging, floodin drainage, bulkh ,etc. Open Water Impact Site Number indicate on ma) Name of Waterbody (if applicable) Type of Type of Waterbody pake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) Page 8 of 13 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres Wetland Impact acres : 12806 Open Water Impact acres): Total Impact to Waters of the U. S. acres Total Stream Impact (linear feet): VII. 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No 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. Proposed use or purpo and (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormw uirement, etc.): C and use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: be described here and illustrated on any maps included with this Pond to be created in (check all that apply): ? upland Describe the method of construction (e.g. mbankmen draw-down valve or spillway, etc. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts included above in the wetland and stream impact sections. Also, the propose" 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. Minimal fill needed for septic and build setbacks VIIL 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. J stream ? wetlands excavation, installation of Page 9 of 13 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, available at http://h2o.enr.state.nc.us/ncwetlands/strrnizide.html. 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 (acreagellinear 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. Payment to NCEEP - see attached acceptance letter 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 http://h2o.enr.state.nc.us/wrp/index.htm. 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 of Non-riparian wetland mitigation requested (acres): 0.25612 Amount of Coastal wetland mitigation requested (acres): Page 10 of 13 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 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 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 ? 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 Zhherei and must be clearly identifiable on the accompanying site plan. All buffers must be showmap, whether or not impacts are proposed to the buffers. Correspondence from th Regional Office may be included as appropriate. Photographs may also be incl ed at the applicant's discretion. Will the project impact protected riparian buffers identified within 1 NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .024 Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requ' ments), or other (please identify V Yes ? No ? 2. If "yes", identify the square feet and acreage of impa o each zone of the riparian buffers. If buffer mitigation is required calculate the requir amount of mitigation by applying the buffer multipliers. feet) ultiplier Ran. ? Zone* (gpare 1 3 (2 for Catawba) 1.5 Total • Zone 1 extends out 30 feet icular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the ed of Zone 1. Way, Riparian Buffer Restoration / Enhancement, or Payment Restoration Fund). Please attach all appropriate information as ,C 2B .0242 or .0244, or. 0260. 3. If buffer mil Donation of Riparian Bul within 15A0 :ion 's required, please discuss what type of mitigation is proposed (i.e., into the identified Page 11 of 13 XL 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. All of the property is pervious . 229 acres. The square footage of the house pad will be impervious .06973. XIL 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. On sight septic for a 4 bedroom house XIIL Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No 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 ? No 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://h2o.enr. state.nc.us/ncwetlands. If no, please provide a short narrative description: Fill is for individual residential lot with a total size XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficie advance of desired construction dates to allow processing time for these However, an applicant may choose to list constraints associated with con or sequencing that may impose limits on work schedules (e.g., draw-down sc s for lakes, dates associated with Endangered and Threatened Species, access' " ' problems, or other issues outside of the applicant's control). Page 12 of 13 Applicant/AgentIs Signature Date (Agent's signature valid only if an authorization letter from the applicant is provided.) Page 13 of 13 qs I" RGD 6ET' mcw GaNGRETE M/.TIl 1 CNi- Fq t'D C' IRGN PIPE F,1-W '4w PK NAIL F-aM S86'26'00"W 66.67' A& W7ES 1. PROPERTY IS LOCATED IN A F.I.R.M. ZO (6) (SUBJECT TO CHANGE BY F.E.M.A.) i 2. AREA 10,000 SF (DMD) Scs?/.e 3o 3. MIN. BUILDING LINES FRONT - 35" SIDE - 12' REAR - 25' NSS-26-00" 66.67' N _ L3 C7 © G-4 ctz 1 cn t ? 1 ?,?,,?so o laoeL A4 I $? o A15 S86'26'0- 66.67' ? h / S?E 1TP1 • M I • • r? Lb?- 0 y ? 1 c.{, 07o ,fo -fv 'fiv Vii/ A- ,5??.? •`' 96-39 /ZY 2 en- , 6(og23 ex. 4f 2 (? o i 08-21-'05 13.25 FROM-DENR-EEP 9197152219 T-223 X02 U-481 r4d 1r Ff%^ em ? PROGRAM June 21, 2003 David Pharr 533 West Ocean Acres Drive Kill Devil Hills. NC 27948 Project: Jackson Dunes, Lot 7 County. Hyde The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment 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 NC E13P will be approved. This acceptance is valid for six months from the date of this letter. V we have not received a ropy of tht issued 404 Permit/401 Certification within this time fro nse, this acceptance wW expire. It is the applicant's responsibility to send copies of the 404/401 /CAMA permits to NC EEP. Once NC ESP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that will be mitigated are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit _ (Sq. Ft.) (S . Ft,) Ri arian Non-Riparian Coastal Marsh Cold Cool Warm Tar-Pamlico 0 0.16 0 0 0 0 0 0 03020103 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers. Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio), The magnitude of the compensatory mitigation will be as specified in the Section 404 Permit ,and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or seed additional information, please contact Carol Shaw at (919) 733-5205. Sincerely, 4w bill4iam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Tracey Wheeler, USACOE - Washington Kyle Barnes, DWQ Regional Office - Washington Pile 4... Prot Oar State Restori,sfg... Exh&Av?ftec North Caroline Ecosystem Enhancement Program, 1662 Mal Service Center. 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