HomeMy WebLinkAbout20171076 Ver 1_401 Application_20170828ENVIRONMENTAL PROFESSIONALS, INC.
Planning for a Better Environment
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone: 252-441-0239
Fax: 252-441-0721
Email: obxwood@yahoo.com
TO: North Carolina Division of Water Quality
401 Wetlands Unit
Attn: Ms. Karen Higgins
1650 Mail Service Center
Raleigh, NC 27699-1650
p//ATTACHED
LEITER OF TRANSMITTAL
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AUG 8
2006- IVR L
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DATE: August 21, 2017
JOB NO.: 017 -001 -PT
RE: Jon Midgett — Colington, NC
6
COPIES
DATE
DESCRIPTION OF DOCUMENTS
4
8-20-17
Signed/Dated Pre -Construction Notification Form
4
4-23-17
Signed/Dated Authorization to Act As Representative Form
4
7-5-17
Letter to The Great Dismal Swamp Restoration Bank — Request for Confirmation of
Acceptance of Mitigation Credits
4
7-7-17
Confirmation Letter from the Great Dismal Swamp Restoration Bank
4
2-2-17
U.S. Fish & Wildlife Service — National Wetlands Inventor
4
8-21-17
Parcel Data Sheet
4
5-11-17
U.S. Army Corps of Engineers — Notification of Jurisdictional Determination
4
Rev. 8-4-17
Site/Utility/Grading and Drainage Plan 11 x 17 & 24 x 36
THESE ARE SUBMITTED AS CHECKED BELOW:
For your approval ❑
❑ For your use
❑ As requested
Review & Comment
❑ Signature/Notarization
REMARKS: Please advise what the application fee will be, and I will forward under separate cover.
Thank Y u.
COPY TO: Project File
SIGNED:
G o e H. Wood, CEP, PWS
Environmental Professionals, Inc.
ENVIRONMENTAL PROFESSIONALS, INC.
Planning for a Better Environment
P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone: 252-441-0239
Fax: 252-441-0721
Email: obxwood@yahoo.com
TO: North Carolina Division of Water Resources
401 & Buffer Permitting Branch
Attn: Ms. Sheri Montalvo
1617 Mail Service Center
Raleigh, NC 27699-1617
ET ATTACHED
LETTER OF TRANSMITTAL
RECEIVED
',gip C f 2017
DFP;R-LANM yALq�'
DATE: September 1, 2017
JOB NO.: 017 -001 -PT
RE: Jon Midgett— Colington, NC
COPIES DATE I DESCRIPTION OF DOCUMENTS
9-1-17 1 $240.00 ADDlication Fee (Emanuelson & Dad. Inc. — Check #5790)
THESE ARE SUBMITTED AS CHECKED BELOW:
❑ For your approval
❑ For your use
.a' As requested
REMARKS:
COPY TO: Project File
❑ Review & Comment
❑ Signature/Notarization
4 SIGNED: /lG7/
6effrge H. Wood, CEP, PWS
Environmental Professionals, Inc.
Montalvo, Sheri A
From: Montalvo, Sheri A
Sent: Wednesday, August 30, 2017 12:37 PM
To: obxwood@yahoo.com
Subject: Jon Midgett
Importance: High
Follow Up Flag: Follow up
Flag Status: Flagged
Mr. Wood,
We received the PCN for the above. I see your note at the bottom to advise what the
application fee would be. It is $240 and would need to be made out to NC DEQ. I sent
this email instead of a letter so it would get to you faster seeing as how the project is
on hold until we receive the fee. Please let me know if this is sufficient or if you need
an official letter requesting the fee.
Thanks
Sheri Montalvo
Administrative Assistant
401 & Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
919-807-6303 (office)
919 807-6494 (fax)
sheri.montalvo(cDncdenr.gov
Physical: 512 N. Salisbury St., Ste 942-D, Raleigh, NC 27604
Mailing: 1617 Mail Service Center, Raleigh, NC 27699-1617
othing Cc:�t�� ar
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
O�Oi� W A7 -f Qq
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
® Section 404 Permit ElSection 10 Pekrpi,
�A CC11.7
1 b. Specify Nationwide Permit (NWP) number: 14 & 18 or General Permit (GP) nuT09
)VU QU
1 c. Has the NWP or GP number been verified by the Corps?� 8' �'g No
1d. 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
1f.
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
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
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:
Jon Midgett
2b.
County:
Dare County
2c.
Nearest municipality / town:
Kill Devil Hills
2d.
Subdivision name:
None
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Jon Midgett Construction, LLC
3b.
Deed Book and Page No.
2149/0756
3c.
Responsible Party (for LLC if
applicable):
Jon Midgett
3d.
Street address:
184 Swan View Drive
3e.
City, state, zip:
Kill Devil Hills, NC 27948
3f.
Telephone no..-
o.:3g.
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
N/A
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:
George H. Wood, CEP, PWS
5b.
Business name
(if applicable):
Environmental Professionals, Inc
5c.
Street address:
1404 S. Virginia Dare Trail
5d.
City, state, zip:
Kill Devil Hills, NC 27948
5e. Telephone no.:
Office: 252-441-0239 Cell: 252-423-1234
5f.
Fax no.:
252-441-0721
5g.
Email address:
obxwood@yahoo.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
988417008061
1 b. Site coordinates (in decimal degrees):
Latitude: 36.014 Longitude: -75.683
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
6.32 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Colington Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
SC
2c. River basin: map is available at
FPasquotank
hftp://h2o.enr.state.nc.us/admin/maps/
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: Upland site has been cleared — no development.
3b. List the total estimated acreage of all existing wetlands on the property: 5.14
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: To provide access to commercial property.
3e. Describe the overall project in detail, including the type of equipment to be used: Area will support two warehouses,
office, and commercial hair salon.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: Environmental
Professionals, Inc.Other:
Name (if known): George H.Wood, PWS
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
May 11, 2017
S. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No El Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
N/A
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
N/A
Page 3 of 10
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
Fill
Hardwood Bottom
❑ Yes
® No
® Corps
❑ DWQ
0.044
W2 ®P ❑ T
Fill
Hardwood Bottom
❑ Yes
® No
® Corps
❑ DWQ
0.023
W3 ® P ❑ T
Fill
Hardwood Bottom
® Yes
❑ No
® Corps
❑ DWQ
0.037
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
0.104
2h. Comments: 0.06 acres are proposed to be filled in two areas N.W. Permit #18
0.044 acres are proposed to be filled for minor road crossing N.W. Permit #14
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
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
0
3i. Comments:
Page 4 of 10
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
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water Impacts
0
4g. Comments:
6. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
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 El Tar -Pamlico El 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
re uired?
131 ❑P❑T
El Yes
❑ No
B2 ❑P❑T
❑Yes
❑ No
B3 ❑P❑T
El Yes
❑ No
6h. Total buffer impacts
0
0
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Only the areas needed for access are proposed for fill, and a bulkhead is proposed to minimize encroachment. Only
areas required for traffic flow are proposed to be filled behind bulkheads.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Bulkheads will be installed to minimize encroachments.
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: The Great Dismal Swamp Restoration Bank
3b. Credits Purchased (attach receipt and letter)
Type Non -Riparian
Quantity 0.208 acres
3c. Comments:
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
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
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
buffer mitigation?
❑ Yes ® No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
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 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. 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?
22.53%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Below the threshold for plan requirement.
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?
Dare County
❑ Phase II
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
El USMP❑
apply (check all that apply):
Water Supply Watershed
® Other:
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 8 of 10
PCN Form — Version 1.3 December 10, 2008 Version
'0 .
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
❑ 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.
On-site wastewater
Page 9 of 10
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?
Web site
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?
No water impacts
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?
State web page
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain? —70
Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: Structures will be elevated above the AE(8) elevation
8c. What source(s) did you use to make the floodplain determination? Surveyor
/
Applicant/Agent's Printed Name
pllcant/ gent's Si natu
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.
Page 10 of 10
AUTHORIZATION TO ACT AS REPRESENTATIVE FORM
Landowner of record authorizes Environmental Professionals, Inc. to:
1. enter the property to gather environmental and site information, including delineation of
environmental regulatory jurisdictions;
2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers,
North Carolina Division of Coastal Management, North Carolina Division of Water
Quality, etc.) as needed to review regulatory alignment(s) and/or to identify additional
regulatory jurisdictions;
3. submit plats and other information to acquire regulatory agency confirmations, approvals,
and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of
Coastal Management, North Carolina Division of Water Quality, etc.); and
4. act as agent for the purposes of obtaining environmental permits, authorizations, and/or
determinations.
k44 -,--
A "I 'ALI h -I
Landowner ate
Client
Date
ENVIRONh1ETAL
PNUFE�Sti LONNER
PLANNING FOR
A BETTER
ENVIRONMENT
July 5, 2017
The Great Dismal Swamp Restoration Bank, LLC
Attn: Ms. Beverly White
P.O. Box 6186
Chesapeake, VA 23323
Dear Ms. White,
This letter is to request confirmation of acceptance for mitigation credits for the Jon Midgett Construction,
LLC application for proposed impacts to wetlands.
Corps' Project Number:
Waterway:
Permittee's Name:
Location of Impact:
Permit Action:
Impacts (Acres/Linear Feet):
Impact NWI Classification:
Impact Hydrologic Unit Code:
Anticipated Mitigation:
SAW -2017-00397
Non -Riparian
Jon Midgett Construction, LLC
Colington, Dare County, North Carolina
Nationwide # 14 & # 18
0.104 Acres
None
Pasquotank 03010205
0.208 Acres
Thank you for providing a letter of acceptance for these proposed impacts.
Sincerely,
Environmental Professionals, Inc.
/rg/e1.r- ��
G Wood, CEP,4PS
P.O. BOX 3368 • KILL DEVIL. HILLS, NORTH CAROLINA 27948
TELEPHONE: 252441-0239 • FAX: 252441-0721 • EMAIL: obxwood(a_yahoo.com
The Great Dismal Swamp Restoration Bank, LLC
P. O. Box 6186
Chesapeake, VA 23323
July 7, 2017
Mr. George Wood
Environmental Professionals, Inc.
P.O. Box 3368
Kill Devil Hills, NC 27948
RE: John Midgett Construction, LLC
Colington
Dare County, NC
Dear Mr. Wood:
Phone (757) 487-3441
Fax (757) 487-8680
f - le- lo.x_ P> �W
The following price quote is given in reply to your request for the purchase of 0.208 wetland mitigation credits (HUC Code
03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm. These credits are currently available from our
Timberlake mitigation bank.
The cost will be Four Thousand, Nine Hundred, Ninety -Two Dollars ($ 4,992.00). This quote will expire on September 30, 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 #: SAW -2017-00397
Waterway: Non -Riparian
Permittee Name: Jon Midgett Construction LLC
Locality of Impact: Colington — Dare County, NC
Permit action (i.e., IP, NWP-39, enforcement, etc.) NWP-14 & 18
Required Mitigation (acres/linear feet): 0.208
Impacts Hydrologic Unit Code: 03010205
Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement,
unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence.
Thank you for allowing us to quote on this project. We look forward to working with you.
Si cerely, `—
Beverly Mhite
Manager Vccounting / Sales
GDSRB
CC: File
February 2, 2017 This map is for general reference only. The US Fish and Wildlife
Service is not responsible for the accuracy or currentness of the
base data shown on this map. All wetlands related data should
Estuarine and Marine Deepwater Freshwater Forested/Shrub Wetland F -I Other be used in accordance with the layer metadata found on the
Wetlands Mapper web site.
F] Estuarine and Marine Wetland Freshwater Pond Riverine
0 Freshwater Emergent Wetland ® Lake
Naaonai VVetlands Inventory (NWI)
This page eras produced by the NN mapper
Parcel Data Sheet
County of Dare, North Carolina
'Owner and Parcel information is based on current data on file and was last updated on August 11 2017
Primary (100%) Owner Information:
JON MIDGETT CONSTRUCTION LLC
184 SWAN VIEW DR
KILL DEVIL HILLS NC 27948
Parcel Information:
Parcel: 023696000 PIN: 988417008061
District: 12- KILL DEVIL HILLS OUT
Subdivision: SUBDIVISION - NONE
LotBlkSect: LOT: BLK: SEC:
Multiple Lots: -
PlatCabSlide: PL: SL: Units: 0
Deed Date: 02/10/2017
BkPg:2149/0756
Parcel Status: ACTIVE
Property Use: VACANT LAND (PRIVATE)
BUILDING USE Et FEATURES Tax Year Bldg Value: $0
Building Use:
Exterior Walls:
Full Baths:
Bedrooms:
Heat -Fuel:
Heat -Type:
Air Conditioning:
MISCELLANEOUS USE
Half Baths:
Tax Year Misc Value: $0
8/21/17, 9:53 AM
1145 COLINGTON RD
Next Year Bldg Value: $0
Actual Year Built:
Finished sqft for building 1:
Total Finished SgFt for all bldgs:
0
Next Year Misc Value: $0
LAND USE Tax Year Land Value: $58,100 Next Year Land Value: $58,100
Land Description : 12 -Residential SubdivisionLand Description b:: 12 -Marsh Acreage
TOTAL LAND AREA: 6.32 acres
Tax Year Total Value: $58,100 Next Year Total Value: $58,100
https://tax.darecountync.gov/parcelcard.php?parcel=023696000 Page 1 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2017-00397 County: Dare U.S.G.S. Quad: NC -KITTY HAWK
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Jonathan Midge
Address: 184 Swanview Ln.
Kill Devil Hills, NC. 27948
Telephone Number: (252) 619-8096
Size (acres) 6.32 Nearest Town Kill Devil Hills
Nearest Waterway Albemarle Sound River Basin Albemarle -Chowan
USGS HUC 03010205 Coordinates Latitude: 36.013984
Longitude: -75.682629
Location description: The property is located on the south side of Collin ton Road 1.4 miles west of the intersection with
NC158 adjacent to Collinaton Creek in the town of Kill Devil Hills in Dare County North Carolina
Indicate Which of the Following Amply:
A. Preliminary Determination
There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act
(CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon
for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 2
SAW -2017-00397
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five
years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory
Official identified below on May 11, 2017. Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Kyle Barnes at (910)251-4584 or
Kvle. W.Barnes(&usace.armv.mil.
C. Basis For Determination: The wetlands on the property are adiacent to Collineton Creek a TNW and were
identified utilizing the US Army Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coast
Region Supplement.
D. Remarks: The jurisdictional features are identified on the attached survey.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Ju1y10, 2017.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
BARNES.KYLE.WILLIAM.1388035397 `"�°"�`°""""""`°"`°°°�°"'M—US^
Corps Regulatory Official: O_M17M.11 W' SM -04 033393
0.R: 301 ]DS.11 13]519 SM - 04W
Date: May 11, 2017 Expiration Date: May 11, 2022
SAW -2017-00397
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FAR APPEAL
_ ;5
Applicant: Jonathan Midsett
File Number: SAW -2017-00397 Date: May 11, 2017,
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑ PERMIT DENIAL
C
NJ APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://N4-W.usace.a►-ttw.toil/N4issionslCivil\t'orkslRegulatoryProj4rauianciPerntits aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
SAW -2017-00397
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - GEST FOR APPEAL lir OBJECTIONS TO AN INITIAL 'PIZOpFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Kyle Barnes
CESAD-PDO
2407 West 5" Street, Washington, NC 27889
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room l OM 15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportuni to participate in all site investiations.
Date:
Telephone number:
Signature of appellant oragent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Kyle Barnes, 2407 West 511 Street, Washington, NC 27889
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
SAW -2017-00397
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://coKpsmgpu.usace.army.mil/cm 4pex/f?p=136:4:0.
Copy Furnished:
Environmental Professionals, Inc.
Georee Wood
Post Office Box 3368
1404 South Vireinia Dare Trail
Kill Devil Hills, NC, 27948
CENERAL NOTM
&M DATA
A�►
NAMM DATA
DALY FLOW (CPO) MOTH VARIES
/,
A BOTIM
747--s
UNDER 0ONSTRUMM "ASE 1)
PROPERTY OWNER:
RESIDENTIAL BIJILDING
ISM SF.
2 BEDROOMS 0 120/QPD/BR - 240 ORD
A A
Jon M
SWI&Sbuctlon LIC
84 or Kill Devil HIN, NC 2700
CONCRETE PARIIIING
320 SF.
SALON - I CHAR 0 125/UPD/CMANt - 125 GPO
BUSINESSES - 11 EMPLOYEES 0 25IGPDAW 225 GPD
...
4' CONCREIE 3,000 PSI
STREET ADDRESS: 1145 Colington Rd
TOTAL RESIDERRAL IMPERVIOUS COVERAGE
PRQPMW (PHASES 2 & 3)
2.004 SF.
-
kill DwA Hills. NC 27948
PROPOSED Commack BUILDINGS;
8.400 SK
TOTAL DAILY ROW - 590 GPD:
L.T.A.R. - 1.2 GPD,`S.F. - 5110/1.2 - 401.87 S.F. DRANXW AREA RE4
PARCEL ID NUMBER: 008870003
PIN: 080015730225
PROPOSED GRAVEL DRIVE
17,601D SF.
UTIUZNG A 80 SYSEK INCREASE AREA BY SDX - 737,5 S.F
REFERENCE. D.B. 2149, Pg. 0756
PROPOSED OONCREIE
1,405 SF.
PROPOSED BED SYSTEM MOM ACITVE AND REPAIRS 31' x 2e - 744 SFRECORDED
LOT AREA : 276.096 sq. ft. / 6.34 Ac.
TOTAL COMMERCIAL IMPERVIOUS COVERAGE
SAM SF.
SEPTIC TAW AT GRAINFIELD - 1.250 GAL COASTAL TAN( STB -38 OR EQUAL
TOTAL IMPERVIOUS COVERAGE
11,809 SK
977 TAW AT RESIDENCE - 1.000 GAL COASTAL TW SM -913 OR EQUAL
Concreft Secdon
—or."
• FEMA DATA; COMMUNITY - DARE COUNTY
TOTAL PARCEL AREA
276.00 SF. (6.34 AC.)
THIS SEPTIC TANK SHALL HAVE A MIN. MIDE DEPTH OF W " ORENOD _Ty1P'jFd
_01M
FIRM ZONE - AE (8)
TOTAL UPLAND AREA
52,409 SF. (1.20 AC,)
010RIK PUMP VAULT MODEL PVU 57 2425, VNIIH SIMPM CONTROL. PANEL
N.T.S.
WIPOW
3720988300)
TOTAL IMPERY110114 UPLAND COVERAGE
22.53 3
FOR PF SERIES EFFLUENT PUMP, MODEL PF 100511-M PUMP FLOATS SHALL
FUXD ZONES SUR =M TO CHANCE BY FE"
TOTAL DIS111,11190) AREA : 4Z448 SOFT. (ALL 3 PHASES, INCLUDING VIETLW FILL AREAS)
BE SET AT: MAW - 4r. PUMP, ON - 36". PUMP OFF - W. DISTANCES
MEASURED FROM INSIDE BOTTOM OF SEP`I1C TAW
• SUBJECT PROPERTY ZONING- CS (COMMERCIAL SERVICES DISTRICT)
P~ SCHEDULE
• PROPOSED DEVELOPMENT:
DENTAL
�D! m7wNrl RESIDENTIAL FRAME STRUCTURE ON PILINGS
(NTH ATTACHED SALON)
REMARED:
RESIDENCE - I SPACE PER BEDROOM x 2 OR - 2 SPACES
SALON - 2 SPACESICHAIR x I CHAIR - 2 SPACES
1.000 GALLON SEPTIC TAW 1111711
ORENCO MOTUBE EFFUIE*T PUMPING
PACI(AGE, f PN! 57 2425, 0.5 HP, 120V
NM
J111110111 and T2074 1M.L
M M Pa 0204
SEWER CLEAN-OUT
WL�_PAVENJENT
2 - ONE STORY COMMERCIAL METAL BUILDINGS ON SLAB
CONTRACTOR OFFICE OR EQUIVALENT -
I SPACE PER 200 SOFT. x 672 SQ.FT. - 4 SPACES
2e CARTRIDGE HT. Sr VAULT HT
Pined 026110M
6. -".-a
- AS=ATED INFRASTRUCTURE
• Pr arty Is zoned 'CS*
CONTRACTOR OFFICE OR EQUIVALENT -
TOTAL SPACES FIEQUIREID - 18 SPACES
I SPACE PER 2 EMPLOYEES . 20 EMPLOYEES - 10 SPACES
EX F04CE OW OFF PROP. LINE
USE ROW CONTROL VALVE TO KEEP
PUMPING RATE BEIVIEEN 5 AND 10 GPM
DL FENCE QM' OFF PROP. LINE
I TOTALSPACES PROVIDED ® 24 SPACES fN 2 PHASE I
• Total Uploads= 52.409 Sq. Ft- I I
• Total 404 Wetlands- 31,290 Sq. Ft I I I i 00
-,
• Total Coastal Wetlands- 19ZI I 397 Sq. Ft H25DWOOPE It*
------------
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