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HomeMy WebLinkAbout20060703 Ver 1_COMPLETE FILE_20060424109 0 Subject: Re: DWQ# 04-1090 From: Kyle Barnes <Kyle.Barnes@ncmal.net> D Date: Wed, 30 Aug 200614:02:54 -0400 O LP To: Bev Strickland <bev.strickland@ncmail.net> Bev Strickland wrote: Here is a copy of the DCM response to a project we have withdrawn. Should this just get filed or do you have to write something for this project? Thanks Bev I will call the Corp., your favorite ex-DWQ employee Tom Steffens, and see what they, have issued. If they have issued a Nation wide we will too. I'll let you know: KB NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary' August 23, 2006 Coastal Land Development Bob Farris 201 Lane Dr. Elizabeth City, NC 27909 _ RE: Corps Action ID#: 200610019, Public Notice for Nationwide Permit Application, revised October 26, 2005, for an activity located in River's Edge Subdivision, Perquimans County: Dear Mr. Farris: The North Carolina Division of Coastal Management (DCM) reviewed the above referenced application for a Nationwide Permit, U.S. Army Corps of Engineers Public Notice, dated October 12, 2005. On October 17, 2005, Mr. Ted Sampson, former DCM District Manager, corresponded with a letter stating fill on Lot 55 in 404 wetlands was located within an Area of Environmental Concern (AEC). On October 26, 2005, Mr. Kendall Turnage, with Environmental Professionals, Inc., submitted to the U.S. Army Corps of Engineersa revised drawing of 404 wetland fill on Lot 55 to be located entirely outside the 75-ft. AEC. Therefore, your above referenced revised development of fill on lots 33 Sterling Colson Way and Lot 55 Otter Way, River's Edge Subdivision, Perquimans County, is located outside. the Area of Environmental Concern, and will not require a CAMA Permit from the Division of Coastal Management. This project is found to be consistent with the North Carolina Coastal Management Program. Please contact me with any questions at (252)264-3901. 1 Sincerely, e17 AUG 2 2006?. DENR' WATER 4Uattry Kimberly Hedrick s?wnsrorr,?,,?y" NUNCH Field Representative DCM, NE District ATTACHMENT Cc: Kendall Turnage, Environmental Professionals, Inc., P.O. Box 3368, KDH, NC 27948 Cyndi Karoly, NCDWQ, 1650 Mail Service Center, Raleigh, NC 27699-1650 Tracey Wheeler, USACOE, P.O. Box 1000, Washington, NC 27889 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer - 30% Recycled by Fiber Weight LITTLE RIVE{ N09'33'1 0"W 27 39' LINE TABLE LINE LENGTH, BEARING_ - L15 100.11 N40°33'44°W L16 75,80 1\165°29'07°E L17 69,76 N84°52'01"E L18 98,18 N50°27'22"E L19 80,81 1476°40'04"E L20 51,29 N48*57'54'W L21 31.25 N4:3°30'29"E L22 40,82 S36°56'23"E L23 41,67 S11`46'21'W L24 288,00 S51145'08''W N36 "56'23" W 94.24` 75' CAMA I a JURISDICTION ` 0t-` L22 .¢ ` Pr1 53 5 50' ~ ACTIVE BED SYSTEM I 10 LINES © 80'-3'OC J?'It m ., FILL AREA a 17,912 S:F, i 00 `\ \ 0.41 AC. Lr) rr) N T,6,j O 07' k4 JY n \ N` a N20'40'-99"E in 3000 \\\4„ 75 ILL AREA FOR 41 1 - 100' LOUT 5, D u? LEGE1jD THE RIVER EDGE 41 - - - 404 WETLAND'S 0 OUNDARAS DETERMINED D r" 201 Lane Drive .01 Elizabeth City; C 27909 o _ Phone 2,52-264-31222 a_ TH1. ?..G...1:E. OI`•f 3/229/04. 0ljl?lntbo fax, 252-264-3022 7? rC3 - REV, 1: 10/20/05 - MOVED FILL BEHIND: 75'. CAMA. JURI3DIC1'IDI•I LING ON LOT 55, REVISED BEARINGS & AREA, NOTED 'EVIMN. CD JURISDICTION h? 33 LOT AREA 111,117 S. F. 2.55 AC. FILL AREA 32 9,601 S. F. LINE TABLE LINE LENGTH BEARING L1 20,75 N:33°27'04"W L2 3153 N22°12'35'E L3 37.19 N•43'04'44'W L4 29,50 N17°08'42"E ---L 5 35,62 '-.-S73' 54' 1-L5" E L6 30,91 N62°24'01"E L7 46,09 ' N40°28'46'E L8 25,90 N37°08'58'E L9 25,90 N37°08'58'E L10 26.47 S36°02'30"E Lll 41,14 S05°19`07'W L12 59,85 N53°51'25" E L13 24,51 S34°50'20"E L14 101,68 N53°48'19'E 2 0,22 AC. J 45 J L L10 u' 6 AC IVE BED SYSTEM 12 INES ®50'-3'OC N _ J III W L13 Ln --= -- -- _-. __ O L U-) n j Ln u (n J - 3. L3 L n J ?'E R 4 Q L1 30' S( I n (45' oLS® Y - N33°27'04,"W 1 " - 100' 3 832,1' L FILL AREA FOR 0 I LOT 3?3 e LEGEND THE RIVERS EDGE - -- 404 WETLAN DS BOUNDARY AS DETERMINED BY lj-R 207 Lone Drive Phone; 252ty264 j22'209 7 Tl--lE A.C.O.E. Ohi 3/29/04. ®?® fax; 251-264-3022 ??t W H ! F9Q Michael F. Easley, Governor William G. Ross Jr., Secretary Cq T' North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality July 21, 2006 Mr. Bob Farris Coastal Land Development 201 Lane Drive Elizabeth City, NC 27909 Re: The Rivers Edge Subdivision, Hertford, Perquimans County DWQ #06-0703; USAGE Action ID. No. 200610019 APPROVAL of 401 Water Quality Certification Dear Mr. Farris: Attached hereto is a copy of Certification No. 3582 issued to Mr. Bob Farris and Coastal Land Development, dated July 21, 2006. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sincerely, Al W. Klimek, P.E. A WK/cbk/ijm Attachments: Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Washington Regulatory Field Office Wilmington District, USACOE Kyle Barnes, DWQ, Washington Regional Office DLR Washington Regional Office File Copy Central Files Kendall Turnage, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone::` 919-733-1786 /FAX 919-733-6693 / Internet: http://h2o.enr. state. nc. us/ncvvetlands An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer paper Filename: 060703TheRiversEdgeSD(Perquimans)401_IC Onc No thCarohna ?61t1>!t'll???J Coastal Land Development Page 2 of 4 July 21, 2006 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is-issued-in conformity-with the requirements-of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Bob Farris and Coastal Land Development to fill 0.22 acre of wetland on Lot 33 of the Rivers Edge Subdivision and 0.42 acre of wetland on Lot 55 of the Rivers Edge Subdivision, in the-Pasquotank River Basin, associated with development of single family homes and septic systems in Perquimans County, North Carolina, pursuant to an application filed on the 20th day of July of 2005, and in additional correspondence received the 10th day of May of 2006, and the 23`d day of May of 2006. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 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 meta No other impacts are approved including, incidental impacts:' Amount Approved Units Plan Location or Reference 404 Wetland 0.22 (acres) -Lot 33 A `lication and Public Notice 404 Wetland 0.42 acres -Lot 55 Application and Public Notice Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and Coastal Land Development Page 3 of 4 July 21, 2006 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 Erasion 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance' with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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 404/401 Permit Application. 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; 4. 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; 5. 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 highvisibility 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; Continuing Compliance: 6. Mr. Bob Farris and Coastal Land Development shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Bob Farris and Coastal Land Development, and the US Army Corps of Engineers, provide w? Coastal Land Development Page 4 of Q: =. July 21, 2006 public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Bob Farris and Coastal Land Development in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Conditions of Certification: 7. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of issuance of the 401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/WetlandsUnit web site at http://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sent copies of all deed restrictions applied to these lots; 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. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,'N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 21 S` day of July 2006 DIVISION OF WATER QUALITY Alan W. Klimek, P.E. A WK/cbl?ijm 3582 L i US Army Corps PUBLIC NOTICE Of Engineers Wilmington District D MAY 2 30p6 Issue Date: 10/12/2005 Comment Deadline: 1 1/14/2005 too - g6a+?M R Corps Action ID #:200610019 Wks All interested parties are herby advised that the Wilmington District, Corps of Engineers (Corps) has received an application for work within jurisdictional waters of the United States. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the ands Wilmington District Web Site at www.saw.usace.army.mil/wetl Applicants Coastal Land Development Attention: Mr. Bob Farris 201 Lane Drive Elizabeth City, North Carolina 27909 AGENT (if applicable): Mr. Kendall Turnage Environmental Professionals, Incorporated Post Office Box 3368 Kill Devil Hills, North Carolina 27948 Authority The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures pursuant to Section 404 of the Clean Water Act (33 1.S.C.1344). Location The property is a 120 acre tract at end of North Carolina State Road 1325 (Jacock's Road) adjacent to the Little River east of Hertford in Perquimans County, North Carolina (36.153616 76.244908). Existing Site Conditions The property is an undeveloped tract of land consisting of farm fields and wooded areas vegetated with pine trees and mixed hardwoods. An area of cypress-gum swamp is located in the middle of the property and two areas of bottomland hardwood swamp are located on the eastern side of the property. The applicant has begun clearing and grading associated with the construction of a previously permitted subdivision road. Applicant's Stated Purpose The applicant proposes to place fill in wetlands to allow the septic systems on two residential lots to meet the 50 foot health department setbacks to wetlands required by the State of North Carolina. Project Description The applicant proposes to place fill in 0.22 acres of USAGE jurisdictional wetlands on Lot 33 and 0.42 acres of USACE jurisdictional wetlands on Lot 55 to create building areas on these recently platted single-family residential lots. The proposed activity would result in the permanent loss of 0.46 acres of wooded wetland dominated by bald cypress, black gum, red maple, ironwood and swamp chestnut oak. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application' and this public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 23211 Crabtree Boulevard; Raleigh,` North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by November 14, 2005. The applicant has not provided to the Corps a certification statement that his/her proposed activity complies with and will be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2), the Corps cannot issue a permit for the proposed work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources - The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation; water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. Commenting Information The Corps is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA)> and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental; Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person`may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer` determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. Written comments' pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District; until 5pm, November 14, 2005. Comments should be submitted to Ms. Tracey L. Wheeler, Post Office Box 1000; Washington, North Carolina, 27889, or telephone (919) 975-1616, extension 24. Distribution: 1 Mr. Bob Farris, 102 Lane Drive, Elizabeth City, North Carolina 27909 1 Congressman Walter B. Jones,222 Cannon House Office Building, First and Independent Avenue, S.E., Washington, DC 20515 1 United States Postal Service, Postmaster, Hertford, North Carolina 27944 1 Environmental Professionals Attention: Kendall Turnage, Post Office Box 3368, Kill Devil Hills, North Carolina' 27948. 1 James and Marjorie Hofler, Post Office Box 130, Sunbury, North Carolina 27979. 1 Sterling Colson, 2803 New Hope Road, Hertford, North Carolina 27944. Har d Copy w/ all. application materials l Cyndi Karoly, North Carolina Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 In 20 designated Coastal Counties 1 Doug`Huggett, North Carolina Division of Coastal Management, Hestron Plaza II 151B,,Highway 24, Morehead City, North Carolina 28557 ENVIRONMENTAL PROFESSIONALS, INC. 1RUVEQ O? ?1 QG??/ D? L17Q? Planning For A Better Environment P.O. Box 38 ' KILL DEVIL HILLS, NORTH CAROLINA 27948 D4 ra.c,-? - DATE JOB NO. (252) 441-0239 ATTENTI FAX (252) 441-0721 . TO RE: ?./ dos (? CL?c ? , ?( ?d f ,?4 , ?- 01 WE ARE SENDING YOU X Attached ? Under separate cover via the following items: ? Shop drawings ? Prints ?' Plans ? Samples ? Specifications Copy of letter n Change order ? COPIES DATE NO. DESCRIPTION O r->,3 THESE ARE TRANSMITTED as checked below: ? For approval ? Approved as submitted ? Resubmit ' copies for approval ? For your use ? Approved as noted ? Submit copies for distribution ? ,As requested ? ' Returned for corrections ? Return corrected prints ? for review and comment u ? FORBIDS DUE ? PRINTS' RETURNED AFTER LOAN TO US REMARKS COPY V3 rc? ,.' I 2006 SIGNEDC ?' M AV I 1 0 if enclosures are not as noted, kindly notify us at once. OF W A TF ?Ot 9QG Michael F. Easley, Governor Uj y William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 28, 2006 DWQ # 06-0703 Perquimans County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Environmental Professionals, Inc. Attn: Kendall Turnage PO Box 3368 Kill Devil Hills, NC 27948 NIT Subject Property: The Rivers Edge Subdivision. ;;?? Permit Application Fee ` EUL'i " ? REQUEST FOR MORE INFORMATION Dear Mr. Turnage: On April 24, 2006 the Division of Water Quality (DWQ) received your application for 401 Water Quality Certification on behalf of Coastal Land Development., Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Application Permitting Fee In reviewing your application it indicates impact to a stream thereby necessitating an application fee. The fee for applications is $200 for projects impacting less than an acre of wetland and less than150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 if you have any questions regarding or would like to setup a meeting to discuss this matter. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ljd CC:' File Copy' Central Files Filename: 060703TheRiversEdgeSD(Perquimans)_Fee 401 Oversight/Express Review Permitting Unit Nor Carolina 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 "`fora«>? 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr state ne us/newetlands An Equal. Opportunity/Affirmative Action Employer - 50% Recycled/10%o Post Consumer Paper ENVIRONMENTAL PROFESSIONALS, INC. ??4??? ?? ?[?LaC??L?J??I LILaC? Planning for A Better Environment I, P.O. Box 3368 KILL DEVIL WILLS, NORTH CAROLINA 27948 i (252) 441-0239 FAX (252) 441-.0721 TO C ?yeSeDt? e, t-1 DATE _ elIZ6 /0 ?' J06 NO. 'P ATTENTION RE: ( WE ARE SENDING YOU XAttached ? Under separate cover via the following items: ? Shop drawings Prints ? Plans ? Samples ? Specifications Ci Copy of letter ? Change order COPIES DATE NO. DESCRIPTION f -Co / L rd? v i fl ? , ?VYlC?t?a? /cC? C'!°s?t I t !`??f -???!/l. THESE ARE TRANSMITTED as checked below: For approval ? Approved as submitted ? Resubmit copies for approval For your use ? Approved as noted ? Submit copies for distribution -As requested ? Returned for corrections ? Return corrected prints C7,, For review and comment ? /?' FORBIDS DUE ? PRINTS RETURNED AFTER LOAN TO US REMARKS A r,m - a t` > in :` vt'c?c f i d ?? t v1 c1 F e f? ? ek ii° 47e) A ,-.Y` ?yZ9Wt- f nn F?R (Q? la U_VV 1E IM COP APR. ? .. ? SIGNED: ? `°?t-r? ? }¢ . rJh l I'r if enclosures are not as noted, kindly notify us at once. LZ _ - VVETLAND?t AND ST:Ip&j1lVkj1EN SRANDN 20060703}x:; { RECEIVE i.,..@d k...,.i .; ,I .. YY 4 I p /APPLICATION FOR DEPARTMENT OF THE ARMY PEAMI!' '•. OMB APPROVAL NO. 0710-03 (33 C>"It 325) Expires October 1906 II ? , Public reporting burden for this coIlcotion of information is estimated to! average 5 hours per response, i Uding th'e'" ?+•tw 1r.:ras,•.,i,.y . y ?.brrn arM"yfx time for reviewing instructions, scorching existing data sources, gathering and maintaining the data node , and completing and rcviowing the collection of information. Send co mentsiregsrding this burden estimate or arty other aspect of this collection of information, including suggestions for reducifig this burden, to Department of Defense, Washington Headquarters Service 'Wrectorate of information Operations and Reports, 1215 j'offerson Davis Nighway, Suite 1204, Arlington, VA 222024302; and to the Office of Management and Budget, Paperwork Red'uctio'n Project (0710.0003), Washington, DC 21503. Please DO NOT RETURN your fbrm to either of those addresses, Completed applications must be submitted to the district e'ng'ineer having jurisdictloh over the location of the proposed activity. PRIVACY ACf`STATEMENT Authority: 33 'USC 401, Section 10; 1413, Section 404. Principle putpok: These laws require permits authorizing activities in, or a footing, navigable waters of tho United States, the discliargo of dredged or fill material into waters of the 'United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will bo used in evaluating the at1over, lication for a permit. Disclosure; Disclosure of rcquosted information 'is voiuntary. If information is PC provided, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of tho proposed activity must be attached to this Vplication (see sample drawings and instructions) and be submitted to the District Engincor having jurisdictioh over the location ot the proposed aot'ivily. An application that is not completed in'full will be returned, (ITEMS X r".HRU 4 TO BE FILLED BY THE COPPS) 1. APPLICATION NO. 2, [MELD OFFICE COi)fi 3. DA.'fE RECEIVED 4. DATE APPUCA ION COMPLETED I (MMS BR'L0W TO BE ,l~`ILLED BY'APPL,ICAN' 29 5. APPLICANT'S NAIL Coastal Land Development Attn. Mr, Bob Farris i 6. APPLICANT'S AD17MS 201 Lane Dr. Elizabeth City, NC 27909 7. AP'PLICANT'S PHONE NOS. W/ AREA CODE i 252-2643222 D $. A1[7!'IIORIZED AGENT'S 1A1V113 AND TIME (an agent 'is not req'ui'red) APR 2 4 2006 Kendall Tmmage, Environmental Consultant, Environmental Professionals, Inc. I DENR - WATER QUALITY 9. AGENT'S ADDRESS PO Box 3368 Kill Devil Hills, NC 2794$ ? WETLANDS AND STOW" ER BRANCH 10. AGPN 1:'S P14ONE NOS. W/ AREA CODE a. Residence 252149-8890 ;I b. Business 252.441-0239 / - II- STAT NT OF AUTHORIZATION I hertby authorize, ?,? w r<.;rmcw4t t ,?,x, f/G4M y tk G;??' to act in my behalf as my agent, in tho processing of this application annd to furnish, upon reques4 supplemental information in support of this permit application, AI' IC SI+GiVA'i'tJRj? DATE 217-4105 f (00 /70A'.?. AI CT# rrnvna anvnn --- ,I NAME Il t?CAT ON AND D>;SCRYI'TYC+N 4JF Zylt91=CT OR AC'tIVIT'Y 12, PR.OJEC7f NAME OR TITLE (sae instructions) The Rivers Edge 13. NAME OF WATERBODY, IF KNOWN (if applicable) Little River 14. PROJECT STREET A:D:DMS (if applicable) `i N/A 15. LOCATION OF PROJECT Southeast of the eastern terminus of Jacock's Road NCSR 132, in !fivers Edge' subdivision, lots 33 and 55 1 ' COUNTY, STATE Perquimans County, North Carolina 16, OTHER LOCATION 'DESC tI:PTIONS, IF KNOWN, (see instrucdons). Subdivision is located on the western shores of the Little River in kexquimans County. Lots J3 and 55. 17. DIRECTIONS TO THE SITE: Traveling south on 'U'S Kwy! 17 South towards the town of Hertford at the stop lint for Hwy 17 business, turn left onto New Hope Raad South. Follow this road throuZh Now Dope and then -take a left onto Jacock's Lane NCSR 1325. Ne4r the eastern terminus of Jaaock's Lane take a right onto Sterling; Colson Way. Lot 33 is the last lot on tho left before the road crossing. Lot 55 is located at the end of the cul-de-sac after the road crossing. IS. NATURE OF ACT1'V1TY (Description of project, include s11 features): Earthen fill of 0.22 acres of 404 jurisdictional wetlands on Lot 33 and .0.42 acres ofwetlands on Lot 55 to attain adequate septic setbacks and building space to allow for the single family residences to be constructed on these existing .lots. 19. PROJECT PURPOSE (Describe the reason or purpose of 66 project, see instructions). The wetland fill areas are requested to allow for the septic systerns'to meet the 50 ft health department setbacks to wetlands required by the Stater of North Carolina. 20.12EASON(S) FOR DISCHARGE Eaaen fill in 404 wetlands (above the normal water level) to allow for single family residential home to and septic system to meet local zoning and state rnandated septi,i setbacks. 21. TWE(S) OF MATERIAL BEING DISCIL AGED AND 'I!E AMOUNT OF EACH TYPE IN C'U'BIC YARDS Lot 33-- approx 1600 CY Earthen fill Lot 55-- approx 2030 CY Earthen fill J? 22. SLTUACt AREA IN ACRES OF 'WETLANDS OR OTHER WATERS TO BE FILLED (sets instructions) Lot 33: 0.22 acres of 404 wetlands above the noirnal water level Lot 55: 0.42 acres of404 wetlands above the normal water level 23. IS ANY PORTION OF TIC WORK ALREADY COMPLETE? YES ? NO _ rF YES, DESCRIBE THE COMPLETED WORK ii i II ,nn/Cnn•T nier# ,i a 24. ADDRESSES OF ADJOINING PROPEIt'I"Y OWNERS, T'ESSEES, ETC., WHOSE PROPERTY ADSOINS THE WA,TERBOD Y" (If more than can be entered Here, please attach a supplemental list). ° sots 32 rued 45:Coastul Land Devolopment,201 Labe Dr. Miza, eth City, NC 27909 Lots 54 and 56:Coastal Land Development,201 Lane Dr. ElizActh City, NC 27909 Property to the SSE of the subdiAsonJames and Marjorie Haden PO Box 130, S'utibury, NC 27979 25. LIST OF OT14ER CEPM ICATIONS OR APPROVALS/DENIALS 1.2ECHAIED FROM OTHER FEDERAL, STA TL OR LOCAL AGENCIES FOR. WORK D ?SCJBED IN THIS APPLICATION. N/A i AGENCY TYPE APPROVAL'S INDENTYPICATION NUMBER DATE APPLIED :DATE APPROVED DATE DEMIEI] *Would includo but is not restricted to zoning, building; and flood plain permits 26. Application is bumby ma&- for a permit or peniiha to authorize tiro work 4*cribad in this application I hereby aortify'that tha information in this applic4tion is acmplete and aecur4to. I fixthctr certify that 11laswvs'the uuthorlty to wicimiake the work described r1GLa eluly Authori2c gtlat OP tZ1P $l k ;? ? 0, .?v?s?,. 4.?????.P ? ?'•r c.??r?r?? A,TLTRE 0 APP:II ANA' DATB STCNA , Ol~ AG NT DATE :fh ' ?' b gprilioation tnu9k bo nigncd by llu! person who ciesires to uradert'nt eb the pm nsod nativity (applicant) or it may be sigtaed'by a duly antborizcc1 agent F the srtapement irz black 1 l lwa beets tilled nut and signed. 18U.S.G. SC060U 1001 PfOViClO that: Wtagver, !it NW wm=r within dw juriadiotiou of arty deeparunont or agency of'tbe 1Jnitad Ststcd kuowi*y and willfully falsities, omwcsls, or covets up day 'tdak mow, or dlegtriwx a material fact or makes airy fuiae, fictitiouc,ir fraudulent statements or, epreaentatiow or makes or vacs any false writing or docuanom know.vig ssuw to eantain any felon, fiictidouif or fiawUont statements or 011try, shall be &ed:not wore than $10,000 or imprisoned, riot MOM than FJV0 ynara or both. :i ?I ,I i i ,I i i I ,I ,I i? it i it inn/ann•a nieT4 vcc nn anvcr; c?rTe?r?o-v as•nz nnn'i' ?•?*? a. - w :a i U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action;ID 200411313 County Perguimans NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Coastal Land Development Address: 201 Lane Drive Elizabeth City, North Carolina 27909 Telephone No.: (252)264-3222 Size and location of property (waterbody, road name/number, town, etc.) Property is a 119 acre tract off of North Carolina State Road 1325 adiacent'to the Little River which flows into Albemarle Sound in Perauimans County Indicate Which of the Followin Apply: There are waters of the U.S. and/or wetlands on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line. surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X_ The waters of the U.S. and/or wetlands on your property have been delineated, and the limits of the Corps' jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above. described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements Placement of dredged or fill material in waters of the US and/or wetlands on this property without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work restricted entirely to existing non-wetland area., If you have any questions regarding this determination and/or the Corps of Engineers regulatory program, please contact Tracey L. Wheeler at 252-975-1616 extension 24. Basis For Determination: Described tract contains wetlands as defined by the 1987 USACE Wetland Delineation Manual. Site is immediately adjacent to the Little River which flows into Albemarle Sound. Property Owner/Authorized Agent Signature Corps Regulatory Official ?,(9?Q, Date 03/29/2004 Expiration Date 03/29/2009 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM ii t ? 12815000 FEET ??NN W '• f ? k y. t a? t = ? ? Shy. ? r 1` `?•. 41 R?; k? \ ?s 4N q S?:S 11 Y 4 F "Xi vRf ?' k , t? i Ysr .? y: 41b?ir_ r \ 1 ? : ; t ? 'Y }tat DgA r S ? Y T, r f 1 . rr. ?a x fah a . I 4t 5r ' ?a Jacocks F F ?' 4 r ». rln r ' d ` ?t c o Ho- v ,< E'r '? AS 3 DbA DgA ?? ?`-\ C \?? yf r `^ RSA ? J 5 \\ ?\??. -?(0 ? / ? C'l?.•1?r l.. ,? ?(A?i1f, 1306 St A..: I. ?,J lR - A V? Y, i F4 1f ?? ?? I ? ?? l? L- , R V 4r ? :,•'1?IL ?t \A?i3A \s1 ? - -2810000 FE ?? Ro ?_ ?td,^ rv APR 24 2006 DENR w; AA°pSAAO ST t e %CH w W ox, ' ? ^N ?UNN a_ °pvr O O ?< zoa„" 00 off, h N(., /•!4? Imo ?,//?jf?// o u " G p? ? V J p7 2 D. I- ,r •//j/// / jil 8 ~ If Q O LLJ 'o LY o hod ??? /jl dl / " a LL c3 ?? •//j// / // l / a = J LO < h lJ I- n ti Lo n m i? I.D L- \ P P = H W4 4Na ? Z r Of I F- - I N O ¢ N p 0 N Z 1-1 1\0 O N co II m z O i « r z L.1 N g' ¢ 0 - ;- v , . M hJ- U i Ld W N p C? . I z N w I ? I C w o J o a lL V (L Ya 4 ^\T_ Ya N cq m J j. c- N t- r cn a 0 IP '"' a ? w Vl d- M N ? N?? sxa??a?r ?zs JURISDICTION 33 LOT AREA , 111,117 S.F. 2.55 AC. FILL AREA 32 9601 SF LITTLE RIVER N42°28'46°W 162.94' 00 1? N f7 75' CAMA LINE TABLE LINE LENGTH BEARING L1 20.75 N:33°27'04'w L2 31,53 N22'12'35"E L3 37,19 N•43°04'44'W L4 29,50 N17'08'42"E L5 35.62 S73°54'12'E L6 30,91 N62'24'01"E L7 46,09 N40°28'46'E L8 2590 N37°08'58" E L9 25,90 ' N37°08'58°'E 1-10 26,47 S36°02'30"E L1l 41,14 S05°19'07'W L12 59,85 N53°51'25"E L13 24,51 S34°50'20"E L14 101.68 N53°48'19' E 2 0.22 AC. 45 5 \ in L10 l 0 AC IVE BED SYSTEM 12 INES 0 50'-3'OC r I L 13 w I n LO CV ivi In ?..aQ _ z J A Q - - 3 L3 0.0? L1 30' SL I n ' n' ?OLSO (45' N33° ' 100' 27 041, 8.24 FILL AREA FOR - LOT 33 e n LEGEND THE RIVERS EDGE 201 Lone Dri EM abeth C'tyeN.C. 27909 -- -- 404 WETLANDS BOUNDARY AS DETERMINED BY Phone,• 252-264-3222 Fax, 252-264-3022 THE A.C.O.E. ON 3/29/04. LINE TABLE LINE LENGTH BEARING L15 100.11 N4f1°33'44'W L16 75.80 N65°29'07'E L17 69.76 N84°52'01'°E L18 ' 98.18 N50°27'22"E L19 80,81 N76°40'04"E L20 51.29 N48°57'54'W L21 31.25 N43°301291E L22 40.22 S36°56'23"E L23 41.67 S11°46'21"W L24 288,00 S51°451081W \ N36°56'23" W 94.24' ` ,75' CAMA_« I rn I / JL RISD1CTION I \N L22 50--',L 53 ? 54 ` 50' ACTIVE BED SYSTEM 10 LINES ® 80'-3'OC w ? a o 00 FILL AREA -11 17,912 S.F. 00 w? 0.41 AC. [V82. a 44?z CIE 42 8,91 'W \\ w 5)N Y ` M -10c) 0 R/W) '05 N20°40'29" E tea: oo 4:?? . \ ? \\? FILL AREA FOR i'? _ goo' LOT 55 LEGEND THE RMERS EDGE 20> Oive - - - - - 404 WETLANDS BOUNDARY AS DETERMINED BY C?? Lane City, Elizabeth City, 27909 Phone; 252-264-3222 THE A. C_ O. E. ON 3/29/04. ?? ??0 Fox; 2552-264-3022 REV. 1:.10/20/05 - MOVED FILL BEHIND 75' CAMA JURISDICTION LINE ON LOT 55, REVISED BEARINGS &.AREA, NOTED REVISION.