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HomeMy WebLinkAbout20060410 Ver 1_COMPLETE FILE_200603131?- Fco stem PROGRAM RECEIPT September 13, 2006 R & E Capital Investments, LLC 821 Ocean Trail, Suite 4 Corolla, NC 27927 Project: County: DWQ #: USACE Action ID: EEP No. Amount Paid: Check Number: Sandy Shores, Lot A Currituck 05-0410 O Lo - O ?.fr o 200632069-127 'Zimil, ILF-2006-4326 $3,481.00 3543 Q?c??odffl P SEP 2 5 2006 UENR • wATEK QUALITY WETW43 AND STORMWATER BRANCH The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. River Basin Wetland Credits Stream Credits Buffer I Buffer II CU (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold o Warm Pasquotank 0 0.20 0 0 ro 0 0 0 03010205 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. Sincerely, William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Tom Steffens, USACE-Washington Kyle Barnes, DWQ-Washington Doug Huggett, DCM-Morehead City File keftvrl;iL9... E "a"... Prot"' Oar J-tat& T NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net O stem PROGRAM INVOICE August 22, 2006 Angela Davis BD&A Construction 821 Ocean Trail, Suite 4 Corolla, NC 27927 AUG 2 a 2006 Project: Sandy Shores Lot A County: Currituck DWQ#: O(c -OT-0410 COE#: 200632069-127 UENR - VVAI ER QUAUTY WETLANDS AND STORMWATER BRANCH You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC 2H.0500, the amount you owe is based upon the 2006-07 Fee Schedule and has been calculated as follows (Please note: payment of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson at 919-715-2228. Riparian Wetlands 0 acres x $ 27,847.00 = $ Non-Riparian Wetlands 0.25 acres x $ 13,924.00 = $ 3 481 00 Saltwater Wetland 0 acres x $139,235.00 = , . $ Stream Buffer -Zone 1 O linear feet 0 square feet x $ 232.00 = x $ $ Buffer - Zone 2 0 square feet .96 = x $ .96 = $ $ TOTAL AMOUNT DUE $ 3,481.00 Please mail a check payable to NCEEP for the Total Amount Due to the address below, and enclose a copy of this invoice. NCDENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name please include a signed statement that the check is being written on behalf of and with full knowledge of the permit holder. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Cyndi Karoly, Wetlands/401 Unit Tom Steffens, USACE-Washington Kyle Barnes, DWQ-Washington Doug Huggett, DMC-Morehead City File R.P-storu;tg... _P ... Pro" Oct, Stag ?MA North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net O?O? W AT F9QG O -C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources May 2, 2006 Colonial Beach, LLC 821 Ocean Trail, Suite 4 Corolla, NC 27927 Subject Property: Colonial Beach, LLC - Lot A Albemarle Sound [030150, 30, SB] Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project 4 06-0410 Currituck County Approval of 401 Water Quality Certification with Additional Conditions - REVISED Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.1 acres of wetland for the purpose of constructing residential development at the subject property, as described within your application dated March 6, 2006, and received by the N.C. Division of Water Quality (DWQ) on March 13, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 18 when issued by the US Army Corps of Engineers (USACE). This Certification replaces the Certification issued to you on April 27, 2006. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non- discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, 'the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/CAMA Wetlands 0.1 acres PCN page 4 of 8 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org Noy` Carolina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Colonial Beach, LLC Page 2 of 3 May 2, 2006 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401 /Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project; 4. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. C. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 6. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B.0233 and GC 3404; 7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Colonial Beach, LLC Page 3 of 3 May 2, 2006 Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number 404 Wetland 0.2 acres Pas uotank/03010205 8. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for. an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. AWK/Um Enclosures: GC 3402 NCEEP/NCDWQ Mitigation Summary Certificate of Completion Sincerely, Alan W. Klimek, P.E. cc: Kendall Turnage, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948 Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: 060410ColonialBeachLLCLotA(Currituck)101_revised r ??F WA TE9p Michael F. Easley, Governor ?0 G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 211.0500, Colonial Beach, LLC has permission as outlined below to impact 0.01 acres of wetlands for the purpose(s) of constructing the proposed residential development at Sandy Shores, Lot A, at the intersection of Sound Street and Lane Avenue, off Highway 158, near the town of Jarvisburg, in Currituck County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Jarvisburg, NC COUNTY Currituck BASIN/ SUB BASIN Pasquotank/03010205 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 0.1 Acres of Class WL wetland 0.2 Acres of Class WL wetland In correspondence dated March 17, 2006, the EEP indicated that up to 0.25 acres of mitigation will be conducted by EEP if necessary for the 401 Water Quality Certification and 404 Permit. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 060410ColonialBeachLLCLotA(Currictuck)401_EEP revised 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http://h2o.en r. state. nc. us/ncvvetlands Nom` Carolina evatura!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper O?O? WgTF9QG r o ?- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 27, 2006 Colonial Beach, LLC 821 Ocean Trail, Suite 4 Corolla, NC 27927 Subject Property: Colonial Beach, LLC - Lot A Albemarle Sound [030150, 30, SB] Approval of 401 Water Quality Certification with Additional Conditions Dear Sir or Madam: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-0410 Currituck County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.01 acres of wetland for the purpose of constructing residential development at the subject property, as described within your application dated March 6, 2006, and received by the N.C. Division of Water Quality (DWQ) on March 13, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) NW 18 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/LAMA Wetlands 0.01 acres PCN page 4 of 8 N0_ Carolina A"MmI!y 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.newaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Colonial Beach, LLC Page 3 of 3 April 27, 2006 Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number 404 Wetland 0.02 acres Pasuotank/03010205 8. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a. hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Alan . Klimek, P.E. AWK/ijm Enclosures: GC 3402 NCEEP/NCDWQ Mitigation Summary Certificate of Completion cc: Kendall Turnage, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948 Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: 060410Colon ialBeachLLCLotA(Currituck)401 Z?F WA TFj9Q Michael F. Easley, Governor ?0 G William G. Ross Jr., Secretary iT'-- North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 211.0500, Colonial Beach, LLC has permission as outlined below to impact 0.01 acres of wetlands for the purpose(s) of constructing the proposed residential development at Sandy Shores, Lot A, at the intersection of Sound Street and Lane Avenue, off Highway 158, near the town of Jarvisburg, in Currituck County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Jarvisburg, NC COUNTY Currituck BASIN/ SUB BASIN Pasquotank/03010205 As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 0.01 Acres of Class WL wetland 0.02 Acres of Class WL wetland In correspondence dated March 17, 2006, the EEP indicated that up to 0.25 acres of mitigation will be conducted by EEP if necessary for the 401 Water Quality Certification and 404 Permit. One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration' Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 060410Colon ialBeachLLCLotA(Currictuck)401-EEP 401 Oversight/Express Review Permits Unit 1650 Mat Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-68931 Internet htto://h2o.enr.state.nc.us/ncwetiands 1Voi Carolina NQlllrQll An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper FROM :EPI FAX NO. :252 441 0721 Apr. 03 2006 09:27AM P1 APR-3-2006 MON 09:20 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 FROM :EfI FAX NO. :252 441 0721 Apr. 03 2006 09:27AN P2 -?? os tem. ,?? PROGRAM March 17, 2006 Kendall Turnagc E1Vironnlental Professionals, Inc. P. O. Box 3368 Kill Devil Hills, NC 27948 =34 Project: Sandy Shores ],,(..A A / Colonial Beach, LLC County: Currituck The purpose of this letter is to notify you that the North Carolina Ecosystem Bilhancemcnl Program (NC EEP) is willing to accept payulent for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will he approved. This acceptance is valid for six months from the date of this lattor. If we have not received a copy of the issued 404 Permit/401 Cert115cation within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 40414101/CAMA permits to NC FFP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are .summarized in the following table. St earn Buffer Buffer River Basin Cataloging Wetlands (Acres) r (Linear Feet) Zone 1 "Lone 2 Unit (Sq. Ft.) (Sq. Ft.) Ri arian Non-Ri arian Coastal Marsh Cold Cool Warm Pacquotank p 0 .25 0 0 fl 0 0 0 03010205 .T. Upon receipt of payment, FRP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, 7.one 1 at a 3:1 ratio and Lone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will he as specified in the Sectioa 41.14 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S_ Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at. (919) 715-5835. Sincerely, . d( Wiliitun D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Doug Hu.ggett, DCM-Morehead City Tout Stel'.ferls, USACE•Washington Kyle Bar ties, DWQ Regional Officc-Washington File ?storigg.. 'E .. Pro our Stag C "M North Carolina Ecosystem Enhancement Program, 1662 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net APR-3-2006 MON 09:20 TEL:9197336893 NAME:DWQ-WETLANDS P. 2 ?OF W H F9 p Michael F. Easley, Governor ?0 G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources O Alan W. Klimek, P.E. Director Division of Water Quality March 28, 2006 DWQ Project # 06-0410 Currituck County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Colonial Beach, LLC 821 Ocean Trail, Suite 4 Corolla, NC 27927 Subject Property: Colonial Beach, LLC - Lot A Albemarle Sound [030150, 30, SB] REQUEST FOR MORE INFORMATION Dear Sir or Madam: On March 13, 2006, the Division of Water Quality (DWQ) received your application dated March 6, 2006, to impact 0.01 acres of wetlands to construct the proposed residential development at the subject property. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will have to-move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Please provide documentation from the NCEEP indicating their willingness to accept your request to purchase wetland mitigation credit to mitigate for the proposed wetland impacts listed in your PCN application per section VIII, No. 1. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the requested information at a later date. Please contact me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733- 1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org None Carolina tumily An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper D\- 06-0410 Colonia Beach LLC Lot A Subject: DWQ # 06-0410 Colonia Beach LLC Lot A From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Tue, 28 Mar 2006 13:57:10 -0500 To: environmentalpro@earthlink.net Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. The hard copy is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh,.NC, 27604 unless otherwise noted. 11060410ColonialBeachLLCLotA(Currituck)On_Hold.doc Content-Type:. application/msword Content-Encoding: base64 1 of 1 3/28/2006 1:57 PM F tRONMENTAL PR0FESSI0N4SF I Planning For A Better "iron_n4ht--m 9W ?U P.O. Box 336 /KILL DEVIL HILLS, NORTH CA`ROLIN?,'qJ4? 2006 (252) 441-0239. ; 4 r,.-r E'k U L11Y FAX (252) 441-0 '( `F?` r ? n ?' / 1 ?7LTJ'UPCl, ?3 Yvl?l? JTv?ll??/?i^'t? GI\ ?fV?Ytifl TO N C_ /D) t U a -/®/ ?- f?J V ?GL r ? ?L' ? ?/ G ? ?? Yl ^?? f? (??let ?? /yC ? 7 6 `l ?" -l LSD WE ARE SENDING YOU Attached ? Shop drawings ? Pr 20060 ? Under separate cover via the following items: ints El Plans ? Samples El S? ? Copy of letter ? Change order ? lL AR 1 33 20G6 COPIES DATE NO. DESCRIPTION 7 C?Jr re? d t C?(? ?? f?f O ?11? ch ? a ? -f-zJ l C E'f'l/ ? r v? dd . D O THESE ARE TRANSMITTED as checked below: For approval ? For your use ? As requested ? For review and comment ? FORBIDS DUE REMARKS ? Approved as submitted ? Approved as noted ? Returned for corrections ? ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints ? PRINTS RETURNED AFTER LOAN TO US el COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once. [ 1F.CTU G°3 OLr U52° MKOVU.M DATE 3 d,6 JOB NO. ?., ?? 17 ATTENTION RE: 10 CH ID] L ds ZOOS MAR cENR-V-W _ `'yCTu?`c )S r?'ti1 STC r Li ? ERP,NCH APPLICATION FbI BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 -*4. Office Use Only: Form Version October 2001 20080410 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information 1. Owner/Applicant Information Name: Colonial Beach, LLC Mailing Address: 821 Ocean Trail, Suite 4 Corolla NC 27927 Telephone Number: 252-453-3600 Fax Number: 252-453-3922 E-mail Address: see agent 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kendall Turnage Company Affiliation: Environmental Professionals, Inc. Mailing Address: PO Box 3368 Kill Devil Hips, NC 27948 Telephone Number: E-mail Address: e Fax Number: 252-441-0721 i i Page 1 of 8 III. Project Information • Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE r equires i nformation t o b e s ubmitted o n s heets n o t arger t han 11 b y 17-inch f ormat; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Colonial Beach L.L.C. 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 110I-000-000A-0000 4. Location County: Currituck Nearest Town: Jarvisburg Subdivision name (include phase/lot number): Sandy Shores, Lot A Directions to site (include road numbers, landmarks, etc.): Off of Hwy 158 Turn west on Colonial Beach road then right onto Lane Ave. site is at intersection of Sound St. and Lane Ave. 5. Site coordinates, if available (UTM or Lat/Long): N 36d 10.834' W 75d.419' (Note- If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Vacant wooded 1.49 acre parcel 7. Property size (acres): 1.49 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Albemarle Sound 9. River. Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at hq://h2b.enr.state.nc.us/admin/mVs/.) I Page, 2 of 8 f r Describe the purpose of the proposed work: Wetland fill is requested to allow for the construction of a single family residence Only one residence will be built upon this 1.49 acre lot The designated parcel for construction of the septic system for Lot A is shown on the plat This parcel is entirely highgound and will be used foe the septic system area. IV. V. 10. List the type of equipment to be used to construct the project: Dump truck front end loader 11. Describe the land use in the vicinity of this project: Residential homes Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No previous fill permits have been requested for this parcel Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: ATn fiirtlhar fill -nnrmltc will be required for the Lot A as this request will complete the single VI. Proposed Impacts to Waters of the U It is the applicant's (or agent's) responsit wetlands, open water, and stream channel: provide justification for these impacts in and temporary, must be listed herein, and plan. All wetlands and waters, and all str( delineation map, whether or not impacts evaluation and delineation forms should included at the applicant's discretion. If I States/Waters of the State lity to determine, delineate and map all impacts to associated with the project. The applicant must also ection VII below. All proposed impacts, permanent nust be clearly identifiable on an accompanying site ams (intermittent and perennial) must be shown on a ire proposed to these systems. Wetland and stream be included as appropriate. Photographs may be its proposed impact is strictly for wetland or stream Pade 3 of 8 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on (acres) (yes/no) (linear feet) ma A Earthen fill 0.1 Yes 495 LF Forested wetland * List each impact separately and identify temporary impacts. Impacts include,'but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at htttp://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay,-bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.9877 Acres (43027 SF) Total area of wetland impact proposed: 0.1 acres (4355 SF) 2. Stream Impacts, including all intermittent and perennial streams N/A Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma) (linear feet Before Impact (please seci N/A N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mgpquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 3. Open Water Impacts, including Lakes,, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name of Waterbody Type of Waterbody Site Number.. Type of Impact* Impact ! (if applicable) (lake, pond, estuary, sound, indicate on ma (acres) bay, ocean, etc. N/A N/A N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: rtti, excavation, dredging, flooding, drainage, bulkheads, etc. , 4. Pond Creation N/A Pag 14 of 8 If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. This application is being requested in order to a single family residence a driveway to be constructed All other wetland and upland areas on the parcel to remain undisturbed by fill activities This parcel has an offsite designated septic disposal area (shown on plat as Lot 2 Block 21, entirely highground) which will be used in order to avoid having to request wetland fill for the spptic system VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size 'f the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. 5 of 8 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at hi?2://h2o.enr.state.nc.us/ncwetlands/strrngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin; type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The applicant will purchase 0.25 acres of in lieu mitigation credits from the NCEEP to mitigate for the revised project A request form has been faxed to the NCEEP requesting their acceptance of this in lieu payment mitigation 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/M/index.htnL If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): 0.25 acres Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparati n of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a PA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review cu ent thresholds for environmental documentation. 6of8 Yes ? No X. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. N/A Yes ? No ? N/A It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. T he applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (DWQ Only) Describe impervious acreage (both exi., Discuss stormwater controls proposed downstream from the property. PYKTTMr' ---- nnnP PRnpn.qF.n-- and proposed) versus total acreage on the site. order to protect surface waters and wetlands 16 SF home. 881 SF dri 7 of 8 FROM :EPI FAX NO. :252 441 0721 Mar. 07 2006 04:47PM P2 I, Eric Avery with Colonial Beach, LLC, authorize Environmental Profesdona% Inc. (EPT) to act as my agent for the purposes of applying for a Nationwide No. 18 Permit for property located in Sandy Shores, Currituck. County, North Carolina. c / Authoriaation (Namcrr'itl Data - -A I NIINOVV8a0 zz6Cz9Vz5z XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. An offsite conventional septic system proposed for site, off site location is shown on the plat ( Lot 2, Block 21) This area is entirely high round and will used for the septic system area. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A Applicant/Agent's Signature _? ' Date (Agent's-signature is valid only if an authorization letter from the applicant is provided.) 8 of 8 S^?Zµ 1 r ? k. r 1 All, qt r ??e?, tl '" 4 14 Olt - ?r r A BENIARL£ SOUND qc_ ? Sys. r ? _q f t r .s l p s 3i? 1?tSpcfs CnV r# 2t.i?4!nLklAtHe ltfil?N4 AIt FIlAi knit 11yS F I tiCS ?:... . ?r a sG* i All Loa 04 Mm LV601 13 i V rE 5 MAR 1 2006 DENR - WATER QUALI'r: V ETL NUyq PD STG IAVAP,TER b?A CH 24 N SITE 9< m? 9 F ?o G? 0 JARVISBUR ?G 13 G n3 0 G O z V R 5p,@GE 1P N1R1GN? MEMO EXISTING 404 WETLANDS WETLAND AREA TO BE FILLED 100 DO o ? 0" ? ? 0 1Y 10, COLONIAL BEACH, L.L.C. NATIONWIDE #18 APPLICATION LOT A SANDY SHORES SUBDIVISION HARBINGER, CURRITUCK COUNTY, NC DRAWN: KT DATE: 3/04/06 PROPOSED WETLAND FILL AREA (4,355 SF) 10%q k oy O?F ALBEMARLE SOUND SITE COORDINATES VICINITY MAP s ? N 6' N.T.S. W 75d 48.23' / ag ? '509 U'\ 7 N d 35 ?L / RIB ? / ]LL / 590 2 ?' / ?1Lt. . / / S 6?d ??a B\o?k So? P va '0 / / / t0 O / 1. OWNER: COLONIAL BEACH ESTATES 821 OCEAN TRAIL, SUITE 4 SCALE COROLLA, NC 27927 2. PARCEL: LOT A, SANDY SHORES, 1"= 60 ft PIN n: 1101-000-000A-0000 3. TOTAL ACREAGE: 1.49 AC 4. EXISTING UPLANDS: 0.5023 AC 5. EXISTING WETLANDS: 0.9877 AC 6. PROPOSED FILL IN 404 WETLANDS: 0.1 acrec 7. 404 WETLANDS TO REMAIN UNDISTURBED: 0.8877 8. PROPOSED MITIGATION: PURCHASE 0.25 ACRE OF IN LIEU MITIGATION NCEEP 9. Impervious Area Calculations: Proposed Home: 3216 SF Proposed Driveway. 881 SF 10 Septic System: Offsite Conventional System proposed D c? ??, ICU I;? tl? ?fJ P,1gR 1 ? 200 ,.? -0 I'i17? t;;'t • ?;;;r ? • uST-`' 11rY 3 ?c?t Ert1; ry O0- 10 o? L 7 7- 0 v? o z ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment 1404 SOUTH VIRGINIA DARE TR. P.O.. BOX 3368 KILL DEVIL HILLS, NC 27948 (252)441-0239 (252)441-0721 (FAX) t w 0 j v APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 -4. Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No .2 0 0 6 0 4 1 0 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing Lr7 1 1. Check all of the approval(s) requested for this project:. ® Section 404 Permit MAR 1 c 7?1?6 ? Section 10 Permit ® DENR 11- 401 Water Quality Certification M1 , fear k,A?-r_, IT F-1 Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information Owner/Applicant Information Name: Colonial Beach LLC Mailing Address: 821 Ocean Trail Suite 4 Corolla NC 27927 Telephone Number: 252-453-3600 Fax Number: 252-453-3922 E-mail Address: see agent 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kendall Turnage Company Affiliation: Environmental Professionals, Inc. Mailing Address: PO Box 3368 Telephone Number: 252-441-0239 ! Fax Number: 252-441-0721 E-mail Address: enviromnentalpro(a)earthlink net Pagel of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE r equires i nformation t o b e s ubmitted o n s heets n o t arger t han 11 b y 17-inch f ormat; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Colonial Beach L.L.C. 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 110I-000-000A-0000 4. Location County: Currituck Nearest Town: Jarvisburg Subdivision name (include phase/lot number): Sandy Shores Lot A Directions to site (include road numbers, landmarks, etc.): Off of Hwy 158 Turn west on Colonial Beach road then right onto Lane Ave site is at intersection of Sound St. and Lane Ave. 5. Site coordinates, if available (UTM or Lat/Long)• N 36d 10.834' W 75d.419' (Note- If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Vacant wooded 1.49 acre parcel 7. Property size (acres): 1.49 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Albemarle Sound 9. River Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins. The ` River Basin map is available at hIV://h2o.enr.state.nc.us/admin/mqps/.) i Page 2 of 8 I I Describe the purpose of the proposed work: Wetland fill is requested to allow for the construction of a single family residence. Only one residence will be built upon this 1.49 acre lot. The designated parcel for construction of the septic system for Lot A is shown on the plat. This parcel is entirely highground and will be used foe the septic system area 10. List the type of equipment to be used to construct the project: Dump truck, front end loader 11. Describe the land use in the vicinity of this project: Residential homes IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No previous fill permits have been requested for this parcel V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No further fill permits will be required for the Lot A as this request will complete the single family residence request and construction on the parcel. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream Page 3 of 8 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Wetland Impact Site Number Area of Located within Distance to (indicate on Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (acres) (yes/no) (linear feet) ma A Earthen fill 0.1 Yes 495 LF Forested wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.9877 Acres (43027 SF) Total area of wetland impact proposed: 0.1 acres (4355 SF) 2. Stream Impacts, including all intermittent and perennial streams N/A Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma) linear feet) Before Impact leasespecify) NIA N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name Waterbody Type of Waterbody Site Number Type of Impact* Impact p (if applicable) (lake, pond, estuary, sound, indicate on ma) (acres) bay, ocean, etc. N/A N/A N/A N/A NSA List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation N/A Page 4 of 8 If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. This application is being requested in order to a single family residence a driveway to be constructed. All other wetland and upland areas on the parcel to remain undisturbed by fill activities. This parcel has an offsite designated septic disposal area (shown on plat as Lot 2, Block 21, entirely highground) which will be used in order to avoid having to request wetland fill for the septic system. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. Page 5 of 8 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://-h2o.enr.state.nc.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The applicant will purchase 0.25 acres of in lieu mitigation credits from the NCEEP to mitigate for the revised project. A request form has been faxed to the NCEEP requesting their acceptance of this in lieu payment mitigation. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at hM://h2o.enr.state.nc.us/wrl2/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): 0.25 acres Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? Yes ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733_5083 to review current thresholds for environmental documentation. Page 6 of 8 Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. N/A Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) N/A It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. T he applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ? No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A /-one t extenas out su Ieet perpendicular trom near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. EXISTING ---- none PROPOSED-- ( 3216 SF home 881 SF driveway and narking areal ID TAL = 0,3 N Percent gDervious area Page 7 of 8 XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. An offsite conventional septic system proposed for site off site location is shown on the plat ( Lot 2, Block 21) This area is entirely highground and will used for the septic system area XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A ?.L Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 FROM,:EPI FAX NO. :252 441 0721 Mar. 07 2005 04:47PM P2 I, Eric Avery with Colonial Beach, LLC, authorize Environmental Proftsdonals, Inc. (En to act as my agent for the purposes of applying for a Nationwide No. 18 Permit for property located in Sandy Shores, Currituck. County, North Carolina. f fu-, O?? - - Authoriuation {NameIr Date ---- ...- .ur`i nn'o i'cn NIWad VVGS ZZ6CC9VZSZ t in 'Nk x 4<ct €; r ' f ? ?[.? 1 mot' d^ rI -. ,f, St t ? 4e 1 T.] d A BENIARLE SOUND r 44 f t; 31 E PM.wltngG{n?• 5a mt ? i ? ed.: ,e. ? '• eta 3L11,4u{aWS Ci4:? g l'A9 UrJ?vlr ]??+n4 t?Nl?i Swci.?!l9t1 litiG'4 ? _ .. (4N Ld Fctk' f i A.9ll Lkn?IL 4.i3 t?at& 14 F141 r~? ?7 ?--? MAR 13Ul f': Y 24 ? Itik?? 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DsCu ' 1119 (Joins sheet 25) 2 925 000 FEET SITE v? 9 F G? 0 JARVI SITE COORDINATES N Md 5.96' W 75d 48.23' ?0 G2 O 0G -)a? G G 0 0 z L gR?DOE ?t?OR1P pot"" ?1R`GN? M ALBEMARLE SOUND VICINITY MAP N. T. S. S EXISTING 404 WETLANDS WETLAND AREA TO BE FILLED o p0 {t ?' 0' ? 0 1Y i u i') ; -11VI R? / 59p. A / SOO goo ?` O? P / / / COLONIAL BEACH, L.L.C. NATIONWIDE #18 APPLICATION LOT A SANDY SHORES SUBDIVISION HARBINGER, CURRITUCK COUNTY, NC DRAWN: KT DATE: 3/04/06 PROPOSED WETLAND FILL AREA \ (4,355 SF) ,0%p 0S?Q F 5p9 {t / ? /? a ?5/ v ( / / 1. OWNER: COLONIAL BEACH ESTATES B21 OCEAN TRAIL, SUITE 4 SCALE COROLLA, NC 27927 2. PARCEL: LOT A, SANDY SHORES, 1"= 60 ft 1 PIN 71: 1101-000-000A-0000 3. TOTAL ACREAGE: 1.49 AC 4, EXISTING UPLANDS: 0.5023 AC 5. EXISTING WETLANDS: 0.9877 AC 6. PROPOSED FILL IN 404 WETLANDS: 0.1 ocrec 7. 404 WETLANDS TO REMAIN UNDISTURBED: 0.8877 8. PROPOSED MITIGATION: PURCHASE 0.25 ACRE OF IN LIEU MITIGATION NCEEP 9. Impervious Area Calculations: Proposed Home: 3216 SF Proposed Driveway. 881 SF 10 Septic System: Offsite Conventional System proposed ?,? ?hAR 1 ? ??6 L UY.L } IL O 0 Otp- O? L 7- O 7- 0 z ENVIRONMENTAL PROFESSIONALS, INC. Planning for a Better Environment 1404 SOUTH VIRGINIA DARE TR. P.O. BOX 3368 KILL DEVIL HILLS, NO 27948 (252)441-0239 (252)441-0721 (FAX) III Complete items 1 ,2, and 3. Also complete - Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Colonia: Reach LLC -821 Ocean Trail Suite 4 Corolla,NC 27927 DWQ# 06-0410-Currituck n ed Nai e) C. Datill of Delivery B. Rect!yed by (PH D. Is delivery address different from item 1? Yes If YES, enter delivery address below. ? No Service Type ? Certified Mail E3 Express Mail ? Registered [3 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7005 1160 0000 9 p c 4 sl? (Raansfer from service label) PS Farm 3811. Februarv 2004 Domestic Return Receipt 102595-024-15? UNITED STATES POSTAL SERVICE LISPS • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 First-Class Mail Postage 8, Fees Paid Permit No. G-10 f f,S',;? ???''.??i3.li?iii?.....iii..::?ii!?Ei?..:???i1?!:•??...E?i..