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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 "IEFCE/ " p" AUG 8 2006- IVR L �1 sT cRMVVA " 4R PeU�LIT`r 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 > 6_6 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* ------------ • Driveway Shelf Be Designed To Support 60,000 Lb. Emergency Vehicle 4, j4 _fft CAP SM 1117-11 Oft R7 -M N x OW - 1101110 AND UWQ % sm - BAC1=01111,10, %a BUIE - IN ACW/ ADA STRAIANDII BOIk R7 PEM25D TY 0=0 AND LEGEND S WITS - BAMORD" 'VAN ACCESSIBLE" SIGN FOR COLUMN OR WALL MOM USE ELIEVAIM 9400 AND DETWMTM POLE BEFORE YOU DIM CMAC70 SM GRADENorth 8 Carolina MOTH ON - 1,"Y" "' �'L'-'­ I I A A PROPOSED I ma A�► /, A BOTIM 747--s PROPOSED FIRE HYDRANT a AL A A A PROPOSED SUUO*AD A, PROPOSED BUUOFAD AL a A, AL f 9y 4_7 AL RM Owulsoodult LID N DR 211496 FQ 0736 41 Ak LEGEND, DIISTING ASPHALT V r PROPOM GRAVEL VEHICLE CIRCUATION AREA PROPOSED SMWCRIRE It 4 PROPOSED CONCREW AM PLL ARM GRAPHIC SCALE PROPOSED MAXW-40 4" VKrVIDS AREA a ii A, Aki i I tech 20 & PROPOSED FINISHED SPOT WADES PROPOSED FUSHED GRAN OONIM ORMAGE DIRECTIONAL FIAW ARRM -••1 Chm Infiltration BuWSwW[e N.T.S. — SFM'4rW NIF Elm Cmdy D 0922, PGL 029 Poollik 0261f9m OVERHANG lx� —1HEEL SMP TypW Parkmig With Whimil Stop NTS AISLE Z um O0 E_ z Ta W 0 Z z do 0 W E- E-, W° z op 0 z 9 E_ P17M Dsatwmd By: WIN J! 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