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HomeMy WebLinkAbout20171053 Ver 1_401 Application_20170821ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266, Kitty Hawk, NC 27949 (252) 261-7707 Phone/Fax August 9, 2017 NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 RE: Lot 115 Baycliff Subdivision — PCN - Nationwide #18 Collington, Dare County To whom it may Concern: 2 0 1 7 1 05 3 Enclosed is a Preconstruction Notification (PCN) Form for a Nationwide# 18 permit to develop a lot located at 115 Baycliff Trail in the Baycliff Subdivision, Collington, Dare County, North Carolina. The proposed impact includes 1,410 square feet of wetland fill in Section 404 wetlands to construct a single family residence and driveway. The existing Baycliff subdivision is a PUD that consists of 35'x 55' building pads. The existing wetland area extends across approximately half of the building pad area. The wetland area will need to be filled in order to construct the pile supported building, driveway and parking underneath the proposed building. We request that you initiate the application process and if have questions or need additional information please contact me at 252-261-7707 or 252-599-2603. Sincerely, 4 k-17 oug or an U Atlantic Environmental Consultants, LLC AUG 2 1 2017 cc: Josh Pelletier, USACOE ___ O�O� W ATF9OG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1 f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Boyce Property 2b. County: Dare 2c. Nearest municipality / town: Kill Devill Hills 2d. Subdivision name: Baycliff 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Diane Boyce 3b. Deed Book and Page No. DB 1019, PG 204 3c. Responsible Party (for LLC if applicable): 3d. Street address- 20 Croatan Ct 3e. City, state, zip: Manteo, NC 27954 3f. Telephone no.: 252-202-6922 3g. Fax no.: N/A 3h. Email address: dianeboyce127@gmail.com Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Doug Dorman 5b. Business name (if applicable): Atlantic Environmental Consultants, LLC 5c. Street address: PO Box 3266 5d. City, state, zip: Kitty Hawk, NC 27949 5e. Telephone no.: 252-261-7707 5f. Fax no.: 252-261-7707 5g. Email address: dougdaec@gmail.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 03987310358555 1 b. Site coordinates (in decimal degrees): Latitude: 36.00143 Longitude: - 75.707104 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 0.147 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Albemarle Sound proposed project: 2b. Water Quality Classification of nearest receiving water: SA 2c. River basin: Pasquotank 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Undeveloped residential lot. Property located in developed planned unit development(PUD) Baycliff subdivision. 3b. List the total estimated acreage of all existing wetlands on the property: 0.036 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: None 3d. Explain the purpose of the proposed project: The existing Baycliff subdivision is a PUD that constists of 35'x 55' building pads. The existing wetland area extends across approximately half of the building pad area. The wetland area will need to be filled in order to construct the pile supported building, driveway and parking underneath the proposed building. 3e. Describe the overall project in detail, including the type of equipment to be used: The wetland area will be filled to provide a suitable building area and driveway to the existing house pad in the Baycliff PUD. Three feet of material will be graded into the existing wetland area from upland portion of the property and 1,410 square feet of wetlands will be impacted. Equipment utilized for this project to include an excavator or backhoe. Prior to construction silt fence will be placed at the wetland interface to prevent intrusion of fill material into wetlands not permitted for fill. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes ®No El Unknown project (including all prior phases) in the past? Comments: Requested USACOE verification 8/9/17 4b. If the Corps made the jurisdictional determination, what type Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Atlantic Environmental Consultants, LLC Name (if known): Doug Dorman Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts, proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ®P ❑ T 404 wetland fill Scrub shrub ❑ Yes ® No ® Corps ® DWQ 0.032 E] Yes Yes ❑ W2 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W3 ❑ P ❑ T ❑ No ❑ DWQ El Yes El Corps W4 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W5 ❑ P ❑ T ❑ No ❑ DWQ F] Yes El Corps W6 ❑ P ❑ T ❑ No ❑ DWQ 2g. Total wetland impacts 0.032 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g• Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact length number - Permanent (P) or (PER) or intermittent (Corps - 404, 10 DWQ — non -404, stream width (linear Temporary (T) (INT)? other) (feet) feet) ❑ PER ❑ Corps S1 ❑ P ❑ T ❑ INT ❑ DWQ E] PER El Corps S2 El P F1 T ❑ INT ❑ DWQ ❑ PER ❑ Corps S3 ❑ P ❑ T ❑ INT ❑ DWQ [:1 PER El Corps S4 ❑ P ❑ T ❑ INT ❑ DWQ [:1 PER [:1 Corps S5 [:1 P ❑ T [:11 NT ❑ DWQ ❑ PER ❑ Corps S6 ❑ P ❑ T ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water impact number - Name of waterbody (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑ PEI T 04 ❑ PEI T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? El Yes B1 ❑P❑T ❑ No ❑Yes B2 ❑ PEI T ❑ No El Yes B3 ❑ PEI T ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The building pad for lot 115 is 35'x 55' within a limited common area of 6,437 square feet. The building pad area is very small and the design alternatives are extremely limited therfore avoiding the wetland area is not an option. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The house will be a pile supported structure which could minimize the proposed impacts but this would not allow for enough parking for the residence. In addition, having a wetland area directly under the house would not be a safe or sanitary situation for the residents. 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 yes, mitigation is required by (check all that apply): ® DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ® Mitigation bank El Payment to in-lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Great Dismal Swamp Restoration Bank (GDSRB) 3b. Credits Purchased (attach receipt and letter) Type Non-Riparian Quantity 0.65 3c. Comments: Letter of wetland credit availability from GDSRB enclosed with PCN Form. 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan ra-If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone Z 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 18.3% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Existing Planned Unit Development. Stormwater permit issued by the state when subdivsion was developed and approved by the Town of Kill Devil Hills. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Kill Devil Hills ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs El NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ® Other: County Standards 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ® Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑Yes No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered `yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered `yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval El Yes No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered `yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Planned Unit Development (PUD) with central wastewater system. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? ® Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Contacted Raleigh USFWS office. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The wetland area would not support Essential Fish Habitat. 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Contacted State Archeology Department for an Environmental Review determation. 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: 8c. What source(s) did you use to make the floodplain determination? Dare County flooplain maps and recent elevation survey. Doug Dorman ,� 8/9/17 Applicant/Agent's Printed Name o Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Property Legal Description: DEED BOOK: 1019 PAGE NO: 204 PLAT CABINET AND SLIDE: 91D PARCEL ID: 0398731035855 STREET ADRESS: 115 Baycliff Trail Please Print: Property Owner: Dianne Boyce Property Owner: Diane Boyce The undersigned property owners of the above noted property, so hereby authorize Doug Dorman , of Atlantic Environmental Consultants, LLC to, (Contractor/Agent) (Name of consulting firm) 1. Act on my behalf and take all actions necessary for the processing, issuance and acceptance of permits and/or certifications and any all standard and special conditions attached. 2. Enter the property to obtain site information including inspections with regulatory agencies (Dare County, North Carolina Department of Environmental Quality, U.S. Army Corps of Engineers, etc.) for the purpose of obtaining permits and/or certifications. Property Owners Address (if different than property above): 20 Croatan Ct Manteo NC 27954 Property Owners Telephone Number: 252-202-6922 We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. zum 16 Authorized SignatureMd Title Authorized Signature and Title 08/07/2017 Date: Date: The Great Dismal Swamp RestorationBank, LLC P. O. Box 6186 Chesapeake, VA 23323 August 7, 2017 Mr. Doug Dorman Atlantic Environmental Consultants P.O Box 3266 Kitty Hawk, NC 27949 RE: Baycliff Subdivision Lot 115 Baycliff Trail Kill Devil Hills, NC Dear Mr. Dorman: Phone (757) 487-3441 Fax (757) 487-8680 The information is submitted in reply to your request for the availability status of 0.10 wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm for your project. These credits are currently available from our Timberlake mitigation bank. This letter of availability will expire on October 31, 2017. 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: Permittee Name: Locality of Impact: Permit action (i.e., IP, NWP-39, enforcement, etc.) Impacts (acres/linear feet): Impacts NWI classification: 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 provide services for this project. We look forward to working with you. Sincerely, / Beverly M. ite GDSRB Manager- Accounting / Sales CC: File (208; KITTY HAVK BAY CF. ',7U1'Cfla �?:17 SITE BLa1NTS BAY I✓44,, VICINITY MAP NTS PG. 3 33. \\ SUBDIVISION X620.30' P. CONTROL S \ C —C, Si,. 94A CORNER 06y8� \ � � � _ \ S05M2_"E 54.93' PG. 601 "LIMITED COMMON AREA" NOTES: Address, 115 Baycliff Trail Sl 0'30'22"E � � Total of 'Limited Common Area' � 35.00' �ti� � c0 (Including 'Fee Simple Area')= 6,437 Sq.Ft. J 17.7' ,3 N Fee SImple Area = 1,925 Sq, Ft. OL coil PROP D � ` DWE N rs ( 113 ` r ON PIN _ D.B. 1583, N PART: \ — / PG. 286 Z �` EN� D 1 ( 117 ) ao I � z 1 _ Ln D.B. 1954, WETLANDS LINE U' W PG. 423 AS FLAGGED & LOCATED -�- PROPSED WETLAND I AREA (1,410 SF) PROPSED SILT- FENCE ILTFENCE f- �i— Sots :7 0) inE UNE pNLY) X55.9 7' LEGEND: ° WETLAND FILL AREA 1,410 SF (0.032 ACRES) PROPOSED DRIVEWAY LOCATION — — — — — — — EXISTING 404 WETLAND LINE PROPERTY BOUNDARY J pl.Y� i .:E EX :. `•' REBAR EDGE OF 6" DEEP ASPHALT BAYCLIFF TRAIL (30' R/W) SITE PLAN FOR NATIONWIDE #18 PERMIT DIANE BOYCE LOT 115 BAYCLIFF SUBDIVISION KILL DEVIL HILLS - DARE COUNTY - NORTH CAROLINA 15' 0' 30' 60' 90' ATLANT/C ENI//RO/1/iyENTAL CONSULTANTS, LLC GRAPHIC SCALE 1"= 30 P.O. 9OX 3266, K/TTY H,4W, N.C. 27949 (252)261-7707, a moi/ dougdoec®gmoi/.com FILE: BOYCE 2017 DATE: 8/9/17 REVISED: