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HomeMy WebLinkAbout20171629 Ver 1_401 Application_20171219SEGS 5315 South College Road. Suite E Wilmington, NC 28412 Ph: 910.452.2711 Email: officegsegi.us 9 Transmittal Letter Date: 1?-- 14— 1-7 1' To: lyl S . (�_arM I-� Trs Of: N,G -D Lo VZ - Attached Attached you will find: ❑ Proposal ❑ Sketch(es) "YC --N ❑ JD Package ❑ Report(s) ❑ Plans SEGi Project #: USAGE AID: DWQ Project 4: NA _1 DEC 19 2017 ❑ Signed Wetland Map ❑ Photo(s) ❑ Information Request ❑ Other Copies Dated Description *If noted items are NOT attached, please contact our office. These are being delivered: BTor your Review/Comment ❑ For your Records ❑ Returned for Correction(s) ❑ Corrected and Returned ❑ For your Signature ❑ As Requested ❑ Other: By: 714and Delivery M Fed -Ex ❑ UPS ❑ Regular Mail ❑ Other Notes: vla copy hQs b ha�� del , v �-e� -� D R -D Signature and (Typed) Na7 L he an Date: ?-/141,-, 2728 West Pelican Drive PCN (12/11/17) �oF w a rf�,Q _Q r Office Use Only P � Corps action ID no. DWR project no. Form Version 1.4 January 2009 A. 1. Pre -Construction Notification (PCN) Form 2_0V 2 ! an- I Applicant Information OE a IM Processing 1 a. Type(s) of approval sought from the Corps: Section 404 Permit Se q Q AT R RESOURC S ® ❑ �RER PERMI 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ®Yes ❑No 1d. Type(s) of approval sought from the DWR (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 DWR 401 Certification: ❑Y,es ®No For the record only for Corps Permit: ❑ Yes ® No If. 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 1 h below ®Yes ❑No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑Yes ®No 2. Project Information 2a. Name of project: 2728 West Pelican Drive (see Appendix A) 2b. County: Brunswick 2c. Nearest municipality / town: Oak Island 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: Not applicable 3. Owner Information 3a. Name(s) on Recorded Deed: Charles W. Armistead Etux. (see Appendix B) 3b. Deed Book and Page No. 3916/1351 (see Appendix A) 3c. Responsible Party (for LLC if applicable): NA 3d. Street address: PO Box 520 3e. City, state, zip: Halifax, VA 24558 3f. Telephone no.: NA 3g. Cell no.: 434-579-1564 3h. Email address: sarmisteadna lewissystemsinc.com 2728 West Pelican Drive PCN (12/11/17) 4. Applicant Information (if different from owner). 4a. Applicant is: [-]Agent ❑Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Dana A. Lutheran (see Appendix C) 5b. Business name (if applicable): Southern Environmental Group, Inc. (SEGi) 5c. Street address: 5315 South College Road, Suite E 5d. City, state, zip: Wilmington, NC 28412 5e. Telephone no.: 910.452.2711 5f. Fax no.: 910.452.2899 5g. Email address: dlutheran@segi.us B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 2340A008 (see Appendix B) 1b. Site coordinates (in decimal degrees): Latitude: 33.916112°N Longitude: -78.189806°W (see Appendix B) 1 c. Property size: 0.43 acre 2. Surface Waters 2a. Name of nearest body of water to proposed project: Montgomery Slough but recognized as the ICWW by DWR 2b. Water Quality Classification of nearest receiving water: SA;HQW 2c. River basin: Cape Fear 03030005 3. Project Description 3a. Describe the existing conditions on the site and the general land use near the project at the time of this application: The subject parcel fronts West Pelican, abuts an undeveloped lot to the west, a single family residential structure to the east and a the ICWW to the south (see Appendix B). Historically the property was used as a RV park, therefore most of the site has been cleared of woody vegetation and mowed regularly. 3b. List the total estimated acreage of all existing wetlands on the property: 0.34 (see Appendix D) 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The purpose of the project is to construct a single-family dwelling with associated driveway, stormwater treatment measures and yard (see Appendix D). 3e. Describe the overall project in detail, including the type of equipment to be used: Prior to construction commencing, sedimentation and erosion control structures will be erected. Large machinery, such as backhoes, dump trucks, and graders, will be used to bring in fill dirt and grade the site to the desired elevation. 4. Jurisdictional Determinations (JD) 2728 West Pelican Drive PCN (12/11/17) 4a. Have jurisdictional wetland or stream determinations by the Corps ❑Yes ®No ❑Unknown Comments: or State been requested or obtained for this property / project ®Wetlands ❑Streams -tributaries ❑Buffers ❑Open Waters ❑Pond Construction (including all prior phases) in the past? If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 4b. If the Corps made the jurisdictional determination, what type of ❑Preliminary ❑Final determination was made? 2d. 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): David Scibetta SEGi 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A JD is being sought as part of this application (see Appendix E). Type of jurisdiction 5. Project History Permanent (P) or 5a. Have permits or certifications been requested or ❑Yes ®No ❑Unknown obtained for this project (including all prior phases) in the Corps (404,10) or past? 5b. If yes, explain in detail according to "help file" instructions. DWR 401, other NA P 6. Future Project Plans Non -Tidal Freshwater Marsh 6a. Is this a phased project? ❑Yes ®No 6b. If yes, explain. 170 SF (0.004 AC) NA 0.004 C. Proposed Impacts Inventory 1. Impacts Summary la. 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 number Type of impact Type of wetland Forested Type of jurisdiction Area of impact (acres) Permanent (P) or Corps (404,10) or Temporary DWR 401, other P Lot Fill Non -Tidal Freshwater Marsh Yes 404 170 SF (0.004 AC) 2g. Total Permanent Wetland Impacts: 0.004 2h. Comments: See Appendix D for details. Temporary impacts are not anticipated with this project. 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. Average 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of stream Impact length number Permanent intermittent (INT)? jurisdiction width (linear feet) (P) or Temporary (T) (feet) 3h. Total stream and tributary impacts NA 3i. Comments: 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. 2728 West Pelican Drive PCN (12/11/17) 4a. 4b. 4c. 4d. 4e. Open water impact Name of water body Type of impact Water body type Area of impact (acres) number Permanent (P) (if applicable) or Temporary (T) 01 4f. Total open water impacts NA 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Upland Pond ID number Proposed use Wetland Impacts (acres) Stream Impacts (feet) (acres) or purpose of pond Flooded Filled Excavated Flooded Filled Excavated P1 5f. Total: NA 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 DWR) 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. Project is in which protected basin? Neuse Tar -Pamlico Catawba Randleman Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact number- Reason for impact Stream name Buffer mitigation required? Zone 1 impact Zone 2 impact Permanent (P) or (square feet) (square feet) Tem ora B1 6h. Total Buffer Impacts: NA NA 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The wetland feature extends up into the property, making avoidance impossible. Minimization effort demonstrated by the Applicant includes reducing the length of the structure from 56' to 45', eliminating a rear open deck, and rearranging the back and front stairways to go beside or under the structure. The Applicant also limited the yard to be only wide enough to provide for maintenance of the structure, in the area of wetlands. Lastly, the Applicant will be seeking approval from the Town of Oak Island to utilize Sec. 32-78, entitled Flexible Setbacks, of the municipal code. This exception to the building setback allows encroachment into the front, sides or back building setbacks by 25%, to avoid natural areas. This allowed the building to be within 18.75' of the front property line instead of 25'. These efforts reduced impacts to wetlands by 200 square feet (see Appendix D). 2b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Strict sediment and erosion control measures will be in place prior to beginning work associated with the construction of this lot. This will ensure that sediment is confined to the limits of disturbance. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State Due to the minimal amount of wetland impact being proposed (i.e. 0.004 AC), the Applicant is not proposing mitigation for the impact. 2728 West Pelican Drive PCN (12/11/17) 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): [—]DWR ❑Corps 2c. If yes, which mitigation option will be used for this project? ❑Mitigation bank ❑Payment to in -lieu fee program ❑Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: NA 3b. Credits to be Purchased Type: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. NA 4b. Stream mitigation requested: NA 4c. If using stream mitigation, stream temperature: NA 4d. Buffer mitigation requested (DWR only): NA 4e. Riparian wetland mitigation requested: NA 4f. Non -riparian wetland mitigation requested: NA 4g. Coastal (tidal) wetland mitigation requested: NA 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. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWR 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 Multiplier 6e. Required mitigation (square feet Zone 1 NA NA 3 2 for Catawba NA Zone 2 NA NA 1.5 NA 6f. Total buffer mitigation required: NA 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). NA 6h. Comments: E. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? []Yes ®No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑Yes ❑No 2728 West Pelican Drive PCN (12/11/17) 2. Stormwater Management Plan 2a. What is the overall percent of impervious area of this project? 35% 2b. Does the project require a Stormwater Management Plan? ®Yes [:]No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The project site lies within the Town of Oak Island, which is certified to review stormwater plans. A stormwater permit will: be required, from the Town, prior to obtaining a building permit. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Oak Island 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Town of Oak Island ®Phase II 3b. Which of the following locally -implemented stormwater management programs apply ❑ NSW USMP [-]Water Supply Watershed (check all that apply): ❑Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? []Yes ®No 4. DWR 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 attached? ❑Yes [-]No 5. DWR 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 F. Supplementary Information 1. Environmental Documentation (DWR Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the use of ❑Yes ®No 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 (North ❑Yes ❑No 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 letter.) ❑Yes ❑No Comments: 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards, or Riparian []Yes ®No Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? [-]Yes ®No 2728 West Pelican Drive PCN (12/11/17) 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWR 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 DWR policy. If you answered "no," provide a short narrative description. The proposed development will not provide access to undeveloped land and stormwater ponds are not required. 4. Sewage Disposal (DWR 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. This property will utilize Town of Oak Island sanitary sewer services. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑Yes ®No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑Yes ZNo 5. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The subject property is located within a heavily developed residential area. Neither Endangered Species nor Designated Critical Habitat is expected to be adversely affected by the proposed development 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? This property abuts SA waters and PNA waters, but the development is not proposed to take place within an area that would provide essential fish habitat. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust ❑Yes (DNo 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? There are no existing structures on the property and the land has been disturbed (i.e. removal of large woody vegetation and rootmat), to utilize it as an RV park. Therefore, impacts to historical or archeological resources is not anticipated. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ®Yes ❑No 8b. If yes, explain how project meets FEMA requirements: Building will be constructed to meet FEMA elevation requirements for AE flood zones. 8c. What source(s) did you use to make the floodplain determination? Brunswick County GIS Flood Map (see Appendix F). "'_ Dana A. Lutheran 12 December 2017 Date Applicant/Agent's Printed Name ApplicanVAgent's Signature - (Agent's signature is valid only if an authorization letter from the applicant is provided.) 2728 West Pelican Drive PCN (12/11/17) Appendix A Vicinity Map 2728 West Pelican Drive PCN (12/11/17) Appendix B Brunswick County Parcel Information & Recent Google Earth Aerial 2728 West Pelican Drive PCN (12/11/17) Appendix C Agent Authorization 11 SEGi AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: L-14 B -93Y S-4 LB PLAT 2.5/260 LOT NO. PLAN NO. PARCEL I.D. 2340A008 STREET ADDRESS: 2728 West Pelican Drive Property Owner: Charles W. Armistead The undersigned, registered property owner of 1 Southern Environmental Group. Inc. (SEGi) to environmental concern. to above noted property, does hereby, authorize act on their behalf, in matters regarding areas of Property Owner's Mailing Address (if different than property above): PO Box 520 Halifax. `7A 24558 Telephone: 434-579-1564 Properly Owner Authorized Signature Print Name Date SEGi Authorized Signature Dana A. Lutheran Print Name 29 November 2017 Date 2728 West Pelican Drive PCN (12/11/17) Appendix D Wetland Impact Map 12 2728 West Pelican Drive Wetland Boundary Map i 344_ COA5TAL Vv TLANP5 C w cti �+ ? LOT 14 r�SeRveaz � r 2.5446 5q Pt 0.2✓ Ac. N CIO H f 404 WVTLAND5 r. -------------------- u�s o� 50_00' N69P45*009N I I I t I I I West Pelican Drive Lot 15 404 ,',Wetlands I i Montgomery Slough Lot 14 �Coastal Wetland Line V l( MU 1 GA t-4 �• i,� 404 Wetland Line I• } Coastal Wetlands / s � 404 ��'"�• Wetlands 404 Wetland Impact Avoided +/- 250 SF J • I 50/-016 West Pelican Street Lot 13 650" CSO=ate SOHO" 4O � p ` 30.O " 25'-0" Front Setback 2-b"31, 18'-75" Front Setback plying Flexible Setback c. 32-78) 16,011 2728 West Pelican Drive PCN (12/11/17) Appendix E Jurisdictional Determination Packet 13 2728 West Pelican Drive PCN (12/11/17) Appendix F Flood Map 14