HomeMy WebLinkAbout20081624 Ver 1_Application_20081016USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
H. Applicant Information
Owner/Applicant Information
Name: Dare County _
Mailing Address: P.O. Box 1000
Manteo. NC 27954
_
Telephone Number: see agent info. Fax Number: see agent info
E-mail Address: see agent info.
Agent 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: Douglas A. Dorman
Company Affiliation: Atlantic Environmental Consultants LLC
Mailing Address:P.O. Box 3266
Kitty Hawk NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: dougdorman@embargmail.com
O C i 1 ti 2008
Page 1 of DEN' -'.NP;l ER C??'AL 1°Y
g \?.iE LANDS AN ST OR k'JATEi SRAtiC i
HE 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 I I 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: Dare County AEC#08-023
2_ T.LP_ Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 978906480291
4_ Location
Countv: Dare Countv Nearest Town: Manteo
Subdivision name (include phase/lot number): Parcel 1 _
Directions to site (include road numbers, landmarks, etc. Heading west on Hwy 264
through the Town of Manteo heading towards Manns Harbor, take a left on Bowsertown
Road (SR 1129) go to intersection and take a left on S California Street (SR 1346), parcel is
located on the right just before the end of S. California Street and before Fannin Mill Road
An existing gravel road and boat ramp (NC State Property) is adjacent (west) of the subject
property.
5. Site coordinates, if available (UTM or Lat/Long): 35543.87" N 7540'44.39" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Property is currently undeveloped with mature hardwoods
7. Property size (acres): 2.09
8. Nearest body of water (stream/river/sound/ocean/lake):- Croatan Sound
9. River Basin: Pasquotank 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/maps/.)
Page 2 ofS
10_ Describe the purpose of the proposed work: proposed fill is necessaryto construct apartment
complex for affordable housing for Dare County employees such as educational teachers etc
11. List the type of equipment to be used to construct the project: Dump truck and frontend
12. Describe the land use in the vicinity of this project: Dare County Water Dept. Dare County
Transfer Station N.C. State public boat ramp single-family residential and undeveloped
land.
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.
Wetlands were delineated and approved by USACE Tom Steffens on 6-6-06 Action ID number
SAW2006-32244-128.
V. Future Project Plans
Are any fixture 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 future permit requests are anticipated for this project
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Page 3 of '3
1. Wetland Impacts
Wetland
Impact
Site Number
(indicate on
map)
Type of
Impact
Area
of
Impact
(acres)
Located within
100-year
Floodplain?*
(yes/no)
Distance to
Nearest
Stream
(linear feet)
Type of Wetland***
Parcel 1 404 wetland fill 0.08 ac. Yes Man made canal
75 feet forested wetland
List eacn impact separately ana identily temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance
Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service
Center at 1-800-358-9616, or ontine at hHp://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver
pond; Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.49 acres.
Total area of wetland impact proposed: 3,668 s.f. = 0.08 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
N/A NIA N/A N/A N/A N/A
x List eacn impact separately and identity temporary impacts. Impacts include, but are not limited to:
culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding),
relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement
wall, rip-rap, crib wall, gabions, etc.), excavation, d itch] ng/straighteni ng, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams
must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT
(unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are
Page 4 of '$
available through the USGS at 1-800-358-9616, or online at vwvw.usgs.gov. Several internet sites also allow direct
download and printing of USGS maps (e.g., wrww.topozone.com, www.mapquest.com, etc.).
Cumulative impacts (linear distance infect) to all streams on site: no stream impacts __
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water
Impact
Number
(indicate on map)
Type of Impact* Area of
Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
(lake.
pond, estuary, sound;
bay, ocean, etc.)
N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include. but are not limited to: fill, excavation;
dredging; flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
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. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., damlembankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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.
The proposed impact (wetland fill) was limited to a total of 0.08 acre to construct an apartment
complex for affordable housing. Dare County is providing affordable housing for employees
such as Dare County educational teachers. The fill area proposed was the only alternative since
there is 0.49 acres of wetlands within the subject parcel and the location of the wastewater
system had to be on the southeast end of parcel to stay outside the setbacks One location of
wetland fill the apartment complex encroaches into the wetland area with the 3 I slope for
construction. The second location of wetland fill is necessa for parking and access to the
Page 5 of F
southwest units. Filter cloth to be placed between the proposed fill and wetland interface, to
prevent intrusion into wetlands not permitted for fill.
WIL 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 March 9, 2000, 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 NCWRP 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/ncwetlaDds/strmgide.htm].
I . 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.
The proposed mitigation plan for this project will be the purchase of wetland credits from
NCEEP as compensatory mitigation to offset wetland impacts proposed (0.08 acre of wetland
f-11 11
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at
http://h2o. enr. state. ne.us/wrp/index.htm. If use of the NCWRP is proposed, please check the
appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):_
Amount of buffer mitigation requested (square feet):
N/A
Page 6 of $
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres):_ N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
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
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 (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A
NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer
Requirements), or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
ldentify 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
(square feet) Multiplier Required
Mitigation
I N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone l extends out 30 feet perpendicular from near bank of channel: Zone 2 extends an
additional 20 feet from the edge of Zone I .
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 7 of 5
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B _0242 or.0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
There are no existing, impervious areas on this parcel, Proposed impervious areas include the
apartment complex driveway, parking area and dumpster pad Total acreage of Parcel I is 2.06
acres. Total impervious area (built upon area) proposed on Parcel 1 is an apartment building
696 s.f.) + driveway, parking and dumpster pad (7,384 s f) = 17,080 s f Roof of proposed
apartment complex has several valleys and gutters which will allow several areas of surface
runoff preventing localization of stormwater runoff in just a few areas Total (maximum) land
disturbance for this project is 34,630 s.f (0.79 acre) Project is exempt from Stormwater Permit since
disturbance is less than an acre and fill is not required within the 75' AEC
XH. Sewage Disposal (DWQ Only)
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.
An on site waste water system will be constructed on site for the proposed apartment complex
(Advantex treatment system) (see attached fill plat)
XIH. Violations (DWQ Only)
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. 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).
No constraints are currently associated with this project
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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Robert L. Outten
Dare County Attorney/Assistant County Manager
P.O. Box 1000
Mantee, NC 27954
I, Robert Y.. Outten, authorize Atlantic Environmental Consultants,
LLC (AEC) to apply for environmental permits on Dare County's
behalf far property owned by Date County is Manteo, North Carolina
and kA"n as the Bewsertown Affordable Rousing site.
kutheriaation Da e
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ET oncenm M
PROGRAM
September 30, 2008
Town of Manteo
P.O. Box 1000
Manteo, NC 27954 Expiration of Acceptance: July 2, 2009
Project: Bowsertown County: Dare County
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) 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 NCEEP will be approved.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certif3cation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm lei arian Non-Ri arian Coastal Marsh
Impacts Pasquotank 03010205 0 0 0 0 0.08 0 0 0
Credits Pasquotank 03010205 0 0 0 0 0.16 0
1
0
0
_-
! 1,1...f ; ,. €=f -a rnent. I'lr'P will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
tit nti„n Lrcdits greater tlian i tdi5;ated above, and fhe applicant wants NCEEP to be responsible for the additional mitigation, the
°pa: is nt,x:':11 i;eed to ;u1;=i*.3 s :'£«r-`cati;'aZ r?•:.s1•C x r -
c : is , s;.s.s v zL. €='t?- Iir :t''>73s V??i is is sr re •-•. T3";}i'l ?4 ;+ a?'+r`e= 3'rs- rt?•¢yt+. rsn will
r,.1 ro f,5 ..a.i
in accorOanr..^_. -with the IvTeirforandilm oll t 7r_d c 'z?C?°tr t-Itt u r 9 O T l??= rt^ nt of F r - ? tf,,7
U. S. Army Corps of Engineers N.
dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at (919) 715-1973.
Sincerely,
Qba",. i?,.
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tom Staffens, USACE-Washington
Kyle Barnes, NCDWQ-Washington
Doug Dorman, agent
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 2769$)1-16521919-715-0476 / www.nceep.net