Loading...
HomeMy WebLinkAbout20061722 Ver 1_COMPLETE FILE_20060111OF WA TF9 Michael F. Easley, Governor `O? QG , William G. Ross Jr., Secretary ??w r North Carolina Department of Environment and Natural Resources > y .? Alan W. Klimek, P.E. Director Divis-n of Water Quality November 20, 2006 DWQ Project # 06-1722 Dare County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Matt Hall (owner of Lot 2) P.O. Box 1795 Kitty Hawk, NC 27949 r. Rick Willis (owner of Lot 1) 215 Brooke Avenue Norfolk, VA 23510 Subject Property: Hall - Lot 2, Willis - Lot 1 Pamlico Sound [030151, 30-22, SA, HQW, SB] REQUEST FOR MORE INFORMATION Gentlemen: On November 1, 2006, the Division of Water Quality (DWQ) received your application dated October 31, 2006, to fill or otherwise impact 0.0.75 acres of wetland to construct the proposed residential developments. On November 13, 2006, the DWQ received additional information from you, however, the DWQ has determined that your application remains 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 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 resubmit your application using the attached current March 2005 Pre-Construction Notification Application and be sure to sign and date the application. Please respond within three weeks of the date of this letter by sending this information to 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within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North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://h2o.enr.state.nc.us/ncwetlands o NrhCarolina Agw,7ly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Hall/Willis Tracts Page 2 of 2 November 20, 2006 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. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm Enclosures: March 2005 Pre-Construction Notification Application cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949 Filename: 061722Ha11 Lott W illisLotl (Dare)On_Hold2 k f W A T t,-9 pG O r > i? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 30, 2006 Mr. Matt Hall (owner of Lot 2) P.O. Box 1795 Kitty Hawk, NC 27949 Mr. Rick Willis (owner of Lot 1) 215 Brooke Avenue Norfolk, VA 23510 Subject Property: Hall - Lot 2, Willis - Lot 1 Pamlico Sound [030151, 30-22, SA, HQW, S$], Approval of 401 Water Quality Certification with Additional Conditions Gentlemen: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1722 Dare County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.075 acres of wetland for the purpose of constructing a residential development at the subject property, as described within your application dated October 31, 2006, and received by the N.C. Division of Water Quality (DWQ) on November 1, 2006, with additional information received on November 28, 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) 18 (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 None hCaro" atrrra!!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: hup://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Hall/Will',.? Page 2 of 3 November 30, 2006 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 Units Plan Location or Reference 404/CAMA Wetlands 0.075 (acres) I PCN page 4 of 9 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. 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. 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 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; 6. 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 Hall/Willis Page 3 of 3 November 30, 2006 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 a 52-946-6481. A W K/ijm Enclosures: GC3402 Certificate of Completion S' rely Alan W. Klimek, P.E. cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Mike Street, P.O. Box 769, Morehead City, NC 27557 Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949 Filename: 061722HaI1Lot2 W ill isLot 1(Dare)401 J? w a r?9p6 CID i _ -i Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources November 30, 2006 Mr. Matt Hall (owner of Lot 2) P.O. Box 1795 Kitty Hawk, NC 27949 Mr. Rick Willis (owner of Lot 1) 215 Brooke Avenue Norfolk, VA 23510 Subject Property: Hall - Lot 2, Willis - Lot 1 Pamlico Sound [030151, 30-22, SA, HQW, SB] Approval of 401 Water Quality Certification with Additional Conditions Gentlemen: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 06-1722 Dare County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.075 acres of wetland for the purpose of constructing a residential development at the subject property, as described within your application dated October 31, 2006, and received by the N.C. Division of Water Quality (DWQ) on November 1, 2006, with additional information received on November 28, 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) 18 (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 None hCarohna Avura!!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: h"p://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper Hall/Willis Page 2 of 3 November 30, 2006 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 Units Plan Location or Reference 404/CAMA Wetlands 0.075 acres PCN page 4 of 9 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. 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. 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 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 213.0233 and GC 3404; 6. 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 1' Hall/Willis Page 3 of 3 November 30, 2006 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 a 52-946-6481. A W K/ijm Enclosures: GC3402 Certificate of Completion S' rely U Alan W. Klimek, P.E. cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files Mike Street, P.O. Box 769, Morehead City, NC 27557 Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949 Filename: 061722HaIILot2 WillisLotl (Dare)401 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266 Kitty Hawk, NC 27949 (252) 261-7707 (252) 261-2965 fax November 21, 2006 Ian McMillan NC Division of Water Quality 401 Certification Unit 1650 Mail Service Center Raleigh, NC 27699 RE: DWQ Project #06-1722 Hall - Lot #2, Willis - Lot #1, Pamlico Sound Salvo, Dare County, NC Dear Mr. McMillan, This letter is with reference to the DWQ letter dated November 6, 2006 requesting additional information concerning the application package submitted to you by our office on Mr. Halls' and Mr. Willis' behalf. Your letter dated November 6, 2006 stated an attachment of a current March 2005 PCN application however, the PCN form was not attached. I looked at our PCN form that was dated March 2005, so I thought we had the correct form, and I apologize for not sending the correct form once again on November 8, 2006. 1 received the correct form from your office and have enclosed the completed March 2005 PCN form for your review. I have also enclosed a faxed copy of the acceptance letter from NCEEP, dated November 21, 2006 to accept payment for impacts associated with Lots 1 & 2. Again, I apologize for the confusion and appreciate your time in reviewing this application once more. Thank you for your time. Sincerely, Roxanne D. Dorman Atlantic Environmental Consultants, LLC - it 6 NOV 2 7 2006 WEIIAND AND STORMWATERIBRANCH Encl. a/s 11-L1 00 15: Jz t'11Url-V1=1411 k.r.t' ti-11115LV1111. 1-401 f OZ/OZ U-i6o r 'N.- 41;J t ?Txtem PROGRAM November 21, 2006 Matt Hall PO Box 1795 Kitty Hawk, NC 27949 Project. Aftles Oaks Subdivision, Lots 1 & 2 County: Dare The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC )?EP) is willing to accept payment for impacts associated with the above referenced project, Please rote 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 be approved, This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/ 01 Certification within this titse frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 4041401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and paynwnt must be made. Lased on the informatior. Supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Steam Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Pasquotank 0 0.075 0 0 0 0 0 0 03010205 Upon receipt of payment, EEP wit] take responsibility for providing the compensatory mitigation for the, permitted impacts up to a 2 1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5-1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or ,:L01 Water Qualay Certification, and/or CAMA, Permit. The mitigation will be performed in accordance with the Mentorandum of Understanding betwetn 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 contewt Kelly Williams at ;919) 716-1921. Sincerely, 11 am . Gilmore, Director cc: Cyndi Karoly, Wetlands/401 Unit Tom S taf fe ns, t l ?A{ F =lbrashi n eton Kyle Barnes, DWQ- Washington Doug Huggctt, NC.DCM- Morehead City Doug Dorman, agent (fax) File RestOrl... LCD... 1?Y'0t7°.Gtt%,?c4 Ou,V Stag '. North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1662 / 91 9-71 5-0476 1 www.nteep.net Form Version March 05 USACF. Action 1D No. DWQ No (Il'anv particular item is not applicable to this project, please enter "Not Applicable" or "N A" I. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:- _-___Nationwide._I_8 __- 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? N/A 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ® ti/7(5 I1. Applicant Information wljV 2 7 ZOUb I. Owner/Applicant Information Ut,? . :VATERQUA,. Name:- (Owner of_Lot 2L Matt Hall (Ow "9tlRsTq ?41Ss Mailing Address: P.O. Box 1795 215 Brooke Ave. - --------- Kitty Hawk NC 27954 Norfolk, VA 23.5 I0 Telephone Number:see_agent Info.- Fax Number: -see .-agent_info. _.- - - - ---- - E-mail Address:_ see agent Info. 2. Agent/Consultant 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: Douglas A. Dorman Company Affiliation: Atlantic Environmental Consultants _LLC Mailing Address: P.O_ Box 3266 _ Kittv Hawk. NC 27949 Telephone Number: _252-261- 7707 Fax Number: _252-261-2965 E-mail Address: ___doug ormangearthlin_k._net Page I of 9 111. 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 USACI requires information to be submitted on sheets no larger than I I by 17-inch format, 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: Hall & Willis- AFC40.6-079 2. T.I.P. Project Number or State Project Number (NCDOT Only):_-N/A __ 3. Property Identification Number (Tax PIN): Lot 1 - 1)10064720806088 Lot 2 - Pin#064720806051 4. Location County __Dare County- Nearest Town: --Salvo Subdivision name (include phase/lot number):- Lots I& 2_? Affie's Oaks_Subdivision Directions to site (include road numbers, landmarks, etc. - fleadmg south on I1wy I2 south of Oregon Inlet 'ust_north _ of Hooper Lane and south of Park _Road _on west side of Hwy 12 Salvo (previously Beach & Bay Campground). 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum):35°32'23.93" N 75°28'27.80" w 6. Property size (acres):--Lot-I - 0.42 acres - Lott - 0.42 acres - (combined -0.84 acres)-- 7. Name of nearest receiving body of water:_ Pamlico_ Sound ____--- 8. River Basin: Pasguotank Rive -r Basin _ _. - - . -- -- (Note - this must be one of North C'arolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application:_ -Lots_ I and 2 are cu_rrentlv undeveloped no structures currently exist on these lots.- Lots _we-re-previously utilized for single-fa_mil residential and contained single-wide trailers. Land use in the vicinity is residential and commercial 10, Describe the overall project in detail, including the type of equipment to be used:--project includes constructing a sine-family residential dwelling with concrete driveway and parking to include conventional wastewater _ systems (or_cach of the two lots). Rctaining_wall _.will be construc_lcd at the wetland rill _intcrl'ace t o p revent_intrusion of material_in wetlands not permitted for fill and to clcyate thcportion_of_fill for residential. const_ruction.Once_ fill is in place fill area and disturbed area will be ,radcd_._and seeded to filter storni atcr runoff and prevent intrusion of' fill material into wetlands. A du-nip, _truck, _frontend loader and back hoc will be utilized for brinein) in clean sand and preparine, the site for residential construction and dig; area for wastewater _s s?lCm. Hand tools and hydraulic pumpwill be used to construct retainilm all. 11. Explain the purpose of the proposed work: Proposed fill to construe( houses, drivc-way, parking and_wastcwatcr systems_ on botl_i Lots Land Lot 2__Both_lots arc_flag_lots, which limit _the location of structures and _wastcwatc_r__A_50 foot setback from all wetlands is_rcciuired by _Dare County for wastewater systems, whichhal_so require a repair area for each lot incase the wastewater s.?-- I'ai.Is. Houses are positioned- on back of lots to haN c buffer from _I lwy 12 and also place wastewater cast _of' bouses to minimize wetland fill._Opcn area adjacent to Hw} 1-2 for future expansion of' HwN, 12. 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 USACF-, 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. Jurisdiction determination has been made by_William-Wescott USAGE, on 9-13-04, however no Action _IDnumber has beent-)iven at this time due to proMOOtransa_tions and moratorium with USACOF,_sinin plat_s__and jurisdictional determination- letters are not-_issued_b?_the_ USACOE at this time. - 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 future permit reuct ests are anticipated -fo_r, thiss?t__ V1. 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. Each impact must be listed separately in the tables below (e.g.. culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts. permanent and lcmporary. must be listed. and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whetlicr or not impacts are Page 3 4 1) proposed to these systems. Wetland and slrcam 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 wctland or slrcam mitigation. list and describe the impact in Section VIII bclo\%. 1f additional space is needed for listing or description, please attach a separate sheet. Provide a written description of the proposed impacts- - Fi_Il-_0.075_acre of non riparian Section 404 wetlands to construct residential dwellings and meet wastewater setbacks. Clean fill sand will be-trucked _ in from a commercial source and placed in 0.975 ac. of non-riparian wetlands.. A_retainin?? wall will be constructed_at the-wetland- fill interface to contain the fill material (clean sand from-an-upland commercial source) and-prevent Intrusion of fill material into wetlands to eliminate any-fur-t-her impacts. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditch ing/drainage, etc. Fo r dams, separately list impacts due to both structure and flooding. wetland Impact h pe of Wetland kocated \rithin l ti Distance to Area of Impact Site Number h pc of Impact odpl ` (e.g.. tc,resicd. marsh. I?loodplain Nearest Stream (acres) (indicate on map) herbaceous. bog, ete_1 (yes/no) (linear leer) Lot I 404 wetland till Soul, wetland Yes Man made canal 105 reOl 0.041 ac. - - - Lot 2 404 wetland fill Scrub wetland Yes Man made canal 165 feet 0.034 ac. Total Wetland Impact (acres) = 0.075 acre 3. List the total acreage (estimated) of all existing wetlands on the property: Lot I - 0.06 ac.___ Lot 2 - 0.074 ac. (total_combincd O. 13 ac.) I'otul area ol'wctland impact proposed: _ Ocq 1)_0 04 I I (lot__) 0.034 -1 -0.07-5-acre tote.,. - - 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multiply length X width, then divide by 43,560. Stream impact , Average of Impact Area of al ol Site Number Stream Name Type of Impact IInternu?renntnitC 11? Stream Width Length Impact (indicate on maid) Rebore hiact (linear Icc_O (acres) N/A N/A N/A N/A N/A N/A N/A Total Stream Impact (by length and acreage) - N/A I'age 4 of c1 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U. S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact 'I \'I)c of W aterhock Arc t of Name of W tterbodN Site Number I ype of Impact (Jakc, Fond, estuan, sound bay, Impact (indicate on map) (tfappltcuhlc) uuuui, clc.) (acres) N/A N/A N/A N/A N/A 'fetal ()pen Water Impact (acres) 6. List the cumulative impact to all Waters of the U-S. resulting from the project Stream Impact (acres): N/A Wetland Impact (acres)- N/A Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) N/A Total Stream Impact (Iinear feet N/A Isolated Waters Do any isolated waters exist on the property? ? Yes ? No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only Applies to waters that have specifically been determined to be isolated by the USACF. N/A Pond Creation 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. N/A 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 Current land use in the vicinity of the pond: - N/A Size of watershed draining to pond: N/A_ Expected pond surface area: N/A- V11. 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 Page 5 of 1) were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed-impact ?wetland _fill) as limited to a total of 0.075.acre _for_both Lots 1 and ..2 combined. _ Wetland fill was minimized when thesite_plan was revised to construct_a retaining wall to limit the amount of fill in Section 404 wetlands-rather _t_han fillies with a 3:_1 slope. Wetland impacts are necessary to construct a house on each lot and meet septic setbacks for wastewater systems on both lots, both Lots I and 2 are flag lots limiting the location where a house can be constructed and septic_tank/field located... Filter cloth to be-placed between the proposed retaining wall and fill, toprevent_intrusion _into wetlands not permitted for fill. V ill. Mitigation DWQ - In accordance with 15A NCAC 211 .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. USACF 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. Fxamples 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. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACF, 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 proposed_mitilation plan_for this project will be the purc_hase_ of wetland credits from NCEEP as comnRensatory wetland impacts_proposed_(O.075 acre of mitigation to_ offset wetland _filly. ___An acceptance letter from _N_('F,E_P _dated- _November _21, 2006 to accept payment for Impacts _associated _with Lots 1 &_2 is attached with this application. Page 0 of 1) Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCF,E,P). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are willing to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCF,FP, check the NCFFP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feel): 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):- N/A Amount of Coastal wetland mitigation requested (acres). _- - N/Q__ IX. Environmental Documentation (DWQ Only) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 0 2. 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. Yes ? No ? 3. 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. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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. The applicant must also provide justification for these impacts in Section V11 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 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A Yes ? No ? 2. If "yes", 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. Page 7 of") * Impact Multiplier Required "bone (square feet) Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone I extends out 30 Icct perpendicular from near hank of channel; /.one 2 extends an additional 20 feet from the edge ol'/.one 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. No buffer mitigation. required for this project since disturbance/fill_is not within the buffer.--- X1. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Inlpcrvious arc_as do-trot curren(IN exist NN-4hin Lot_I_ or Lol_2.Proposcd built upon (iniacrvious arcafor Lots 1 & 2 arc asl follows: - - *Total. acreage of Lot I is 0.42 acre- proposed built upon impervious area for_Lot I- is 291/o. House, _porch &_stairs 2,315 s..-f_+ driveway and parkin2,989_s f. Total impervious areas for Lot 1 = 5,304 s.f *Total acreage of_Lot 2_is__0.4-2 acre- proposed .built upon impervious area for Lot 2is -2.9%. House, porch and stairs 2,3 15 s. f. + driveway and p-arkin3,112 s.f___ Total impervious areas proposed on Lot 2 = 5,427 s.f.. Total impervious area proposed on Lot 1 = 5,304 s.L + Lot 2 = 5,427 s.f. Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 5,304 s.f. + 5,427 s.L = 10,731 s.f. Total for both Lots 1 & 2 R-o_f_of -. ro o-sed houses have severr_al_ valleys-and gutters, which will allow several areas of surface runoff'preventing llocal_i_zation of_stormwater runoff in just a few treas.- Both lots will be. graded to slope towards the northern boundaries and eastern boundaries. Grading towards the west will be gradual slope_-__from-the-house to the fill area (retaining__walij_- A landscapina/retaining wall will be constructed _al_ong__th_e_wetland - fill interface and .placed with. filter cloth to prevent _intrusion -of_material into wetlands not. permitted for fill. All graded areas around each house will be seeded to filter surface runoff Silt fence will-be_placed- a_I_ong_the wetland interface and graded area to-prevent _material _ runoff before grass is established. Total land disturbance for Lot I will he a maximum I R,333 s.f 'T'otal land disturbance for Lot 2 will be a maximum of-I-8 225_s.f,_ Total (maximum) land disturbance for this project (Lots 1 &2) is 36,758 s.L (0.84 acre) Page 8 of') XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. _On-site _LPP wa_ste_ water systems proposed for both Lots _l &_2 including repair areas (Lot I includes drain field repair area and Lot 2 includes a peat systern repair area) (sce ittachu(i fill plat X111. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules ( 15A NCAC 214 .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). No constraints currently associated with thiroject. _ f; Applicant/Age?s ignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) 9 .F q Z L ON - - - N v - o C? 0) Z C14 y M y ~ a O ?• a ? q v IL a W a r Jvo V) z p ?Q Q N J Z 1 J LJ oU -? O 1 o o I U a a h JY ?V(nz O a l w co 1 ? ? Q o%d cn IV J LJ ° ? m z J 1 U ?. WQN 1 -1•e•w o= 'Ot 1 w o? Y. w z? > o ZW oQ ° M 9 wQ J ~? L w ° LZ Q Z a W N Za WW n, ? a o ;-C w 0 C) Z w Q. a a ?W no: w 1 m a a ° a 1 1 F- 1 I p N 1 1 0 r 1 1 in J '- Q 06 W (n oo w o IJ °1 a.0 1'- 1 (r 0 1 a = /77 s _ a- I --,? X; a K rrr 7N ,. -iivm JNINId 3b a3 d0 jN C W N V) v f;? (r w t+ R+ .7 h AVON y > o ?. I \ \... 10 a wG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 6, 2006 DWQ Project # 06-1722 Dare County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Matt Hall (owner of Lot 2) P.O. Box 1795 Kitty Hawk, NC 27949 Mr. Rick Willis (owner of Lot 1) 215 Brooke Avenue Norfolk, VA 23510 .y Subject Property: Hall - Lot 2, Willis - Lot 1 Pamlico Sound [030151, 30-22, SA, HQW, SB] REQUEST FOR MORE INFORMATION Gentlemen: On November 1, 2006, the Division of Water Quality (DWQ) received your application dated October 31, 2006, to fill or otherwise impact 0.0.75 acres of wetland to construct the proposed residential developments. The DWQ has determined that your application is 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 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- This Office believes that the two homes labeled on the plans as "Proposed House on Lot 1 and Proposed House on Lot 2" can be moved or reconfigured to avoid or minimize the impacts to the wetland. Please revise the plans to avoid the impacts. 2. Please resubmit your application using the attached current March 2005 Pre-Construction Notification Application Please respond within three weeks of the date of this letter by sending this information to me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you 401 Oversight/Express Review Permitting Unit Caro}?na 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 dV[1tllCQf? 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: h ;a2o enr state nc u /ncwetl ndc An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper HaMillis Tracts Page 2 of 2 November 6, 2006 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. Sin ely Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm Enclosures: March 2005 Pre-Construction Notification Application cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949 Filename: 061722HaIILot2WilllsLotl (Dare)On_Hold EcosP't '**- Ystem PROGRAM November 21, 2006 Matt Hall PO Box 1795 Kitty Hawk, NC 27949 Project: Affies Oaks Subdivision, Lots 1 & 2 OLD - "1 2 2 agg-??[I-\y7p J M5 NOV 2 7 2006 UENR - WATER QUALI I Y WETLANDS AND S T ORMWATER BRANCH County: Dare The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment 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 be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. 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. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Pasquotank 0 0.075 0 0 0 0 0 0 03010205 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 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 Kelly Williams at (919) 716-1921. Y• n r ? 1'Jv/ illiam . Gilmore, irector cc: Cyndi Karoly, Wetlands/401 Unit Tom Steffens, USACE-Washington Kyle Barnes, DWQ- Washington Doug Huggett, NCDCM- Morehead City Doug Dorman, agent (fax) File Rmt rtGf ... 'E... Prot"P,G;t0009 Our State, ?.!+"?iL WIE R North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net ?pF WA TF90 Michael F. Easley, Governor ?p G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Divis:-n of Water Quality November 20, 2006 DWQ Project # 06-1722 Dare County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Matt Hall (owner of Lot 2) P,O. Box 1795 Kitty Hawk, NC 27949 Mr. Rick Willis (owner of Lot 1) 215 Brooke Avenue Norfolk, VA 23510 Subject Property: Hall - Lot 2, Willis - Lot 1 Pamlico Sound [030151, 30-22, SA, HQW, SB] REQUEST FOR MORE INFORMATION Gentlemen: On November 1, 2006, the Division of Water Quality (DWQ) received your application dated October 31, 2006, to fill or otherwise impact 0.0.75 acres of wetland to construct the proposed residential developments. On November 13, 2006, the DWQ received additional information from you, however, the DWQ has determined that your application remains 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 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 resubmit your application using the attached current March 2005 Pre-Construction Notification Application and be sure to sign and date the application. Please respond within three weeks of the date of this letter by sending this information to 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. 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: littp://li2o.etir.stntc.nc.us/ncwctlaiids N rhCaro ina Xturallly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Hall/Willis Tracts Page 2 of 2 November 20, 2006 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. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKIUm Enclosures: March 2005 Pre-Construction Notification Application cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949 Filename: 061722HallLot2WillisLotl (Dare)On_Hold2 ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC P.O. Box 3266 Kitty Hawk, NC 27949 (252) 261-7707 (252) 261-2965 fax November 8, 2006 Laurie Dennision NC Division of Water Quality 401 Certification Unit 1650 Mail Service Center Raleigh, NC 27699 RE'. DWQ Project #06-1722 Hall - Lot #2, Willis - Lot #1, Pamlico Sound Salvo, Dare County, NC Dear Ms. Dennison, This letter is with reference to the DWQ letter dated November 6, 2006 requesting additional information concerning the application package submitted to you by our office on Mr. Halls' and Mr. Willis' behalf. Both lots are individually owned by Matt Hall (Lot #2) and Rick Willis (Lot #1). Two separate projects requesting one fill permit. Additional Information as Requested: Site plans for both Lots 1 and 2 could not be moved or reconfigured due to the fact that both lots are flag lots, limiting the location of wastewater system and house locations. The wastewater setbacks limits the wastewater system to a minimum of 50 feet from adjacent wetlands, therefore the house is located west of the proposed wastewater systems on both lots, requiring fill for wastewater setbacks and to construct both houses. A repair area is required by the Dare County Health Department (indicated on site plan), and is also limited by 50' setback from adjacent wetlands. Location of wastewater minimized wetland fill as oppose locating the wastewater at the back of the property. Wastewater and repair area cannot be located within the 10' MBL setback. Narrow portion of each lot is limited to access and parking. Location of parking allows vehicles safe turn around area to enter Hwy 12. A small portion of property is left open on the east end of both lots to allow for future expansion of Highway 12 and allow for a grassed buffer from highway runoff. Limited open areas are located around each house for utility access clear of wastewater area and setbacks from house for wastewater. Enclosed you will find a completed Nationwide 18 PCN form per your request. If you have any questions or comments please do not hesitate to call 252-261-7707. Sincerely, Douglas A. Dorman Atlantic Environmental Consultants, LLC Encl. a/s IV1JV ? ' ,5???/ ?T t??rf'A!t• 'r::i! LUJSACE Action ID 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: Natio_n--wide 1-9 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? N/A 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ® ( P? ??? If. Applicant Information NUN -1 'L006 1. Owner/Applicant Information Name: -__tOwner of Lot 2): Matt Hall. --- - (Owner _of.Lot 1-) _????at?cN Mailing Address: P.O. Box 1795 215 Brooke Ave. Kitty Hawk, NC 27954 Norfolk, VA 23510_ "telephone Number: see agent info. Fax Number: see__a wnt info. - - - E-mail Address: -see agent -inflo. 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. ) Narne: -Douglas_A. Do- rman - Company Affiliation: Atlantic Environmental Consultants, LLC Mailing Address:-__ P.O. Box 3266 Kitty Hawk NC 27949 Telephone Number: 252_261-7707 _ Fax Number: 252-261-2965 E-mail Address:_ -dougdorman (i earthlink.net DWQ No. Page I of") Ill. Project Information 9 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 requires information to be submitted on sheets no larger than I I by 17-inch format, 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 ofproject- Ifall & Willis AEC#06_-079 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): _Lot I - Pin#064720806088 Lot 2 - Pin#064720806051 4. Location County: Dare County_ Nearest Town: Salvo Subdivision name (include phase/lot number):_Lots I_ & 2,-Affie's Oaks Subdi-vision_ _ Directions to site (include road numbers, landmarks, etc. Head1r1i?__s0rrth on_Hwv 12 south of Oregon Ln._let,1ust north of Hooper Lane a- - __th of Park. Road on -west s'-de of Hwv 121 Salvo (previously Beach & Bay Campground). 5. Site coordinates, if available (UTM or Lat/Long): 3532.23.93 N 7528.27.80 W (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: LotsI-and 2_ are currently undeveloped-no structures currently, exist on-these- lots 7. Property size (acres):_ Lot 1 - 0.42 acres - Lot 2 0.42 acres -_-(combined_- 0.84 acres)_ 8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound River Basin:__ Pasquotank River.Basin _ (Note - this must be one of North Carolina's seventeen designated major river basins. River Basin map is available at Bill)://li2().em-.statC.nc.Lls/admin/maps/.) The Page 2 of 9 10. Describe the purpose of the proposed work :prroposed_f`ill_ is-necessary to construct houses on both lots I and 2. 1 1. List the type of equipment to be used to construct the pro'ect_ Dump truck and frontend loader 12. Describe the land use in the vicinity of this project: residential/commercial 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 USAGE 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. Jurisdiction determination has been made by William Wescott, USAGE, on 9-.13-06, however no Action ID number _has_been _given _at this time due to _proerty transactions and moratorium with USACOE_sj nin Tats and jurisdictional determination letters are not issued by the USACOE at this time. 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 future permit r_eauestsare anticipated for_this.project V1. 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 mitigation, list and describe the impact in Section Vlll below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Page 3 of 9 Wetland Area Located within Distance to Impact Type of of 100-year Nearest *** Site Number Type of Wetland * Impact* I ** Floodplain Stream (indicate on (acres) (yes/no) (linear feet) map) Lot 1 404 wetland till 0.041 ac- Yes Man made canal 165 loot Scruh wetland Lot 2 404 wetland fill 0.034 ac. Yes Man made canal 165 feel Scrub wetland * last each nmpact separately and identily temporary impacts. Impacts include, but are not limited to: mcchaniz.cd 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 Flinergeney Management Agency's (FFMA) Flood Insurance Rate Maps (FIRM), or FFMA-approved local Iloodplain snaps. Maps are available through the FI?MA Map Scrvice ('enter at 1-800-358-9616, or online at htlp://www.lenw.gov. *** List a wetland type that best describes wetland to be impactLd (e.g., freshwater/saltwater marsh, lOrestcd wetland, beaver pond, Carolina Hay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Lot I - 0.06 ac. Lot 2 - 0.074 ac. total combined 0.13 ac. 'total area of wetland impact proposed_ (lot 1) 0.041_+ (lot 2) 0,034 =0.075 acre total 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Numlwr (indicate on map) Type of Impact* Length of Impact (linear tool) Strcam Name** Average Width of Stream Before Impact Perennial or Intcrinit tell lY (please specify) N/A - 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: 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. Page 4 ol'9 ** 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 I-800-358-9616, or online at www.usgs.goy. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.to-pozone.con), www.nlapquetit_cgm, etc.). Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. ()pen Water Impact Site Number (indicate on mah) .Npc ol, 1111p act* Area of Impact (acres) Name of Waterbo(c (if applicable) 'I'ypc of Watcrbody (lake, pond, estuary, sound, baY, ocean. ctc.) - --- N/A N/A N/A N/A N/A * List each impact separately and identil,Nteniporary iruhacts. Impacts include, but arc not limited lo: fill, excavation, dredging„ Ilooding, drainage, bulkheads, etc. 4. Pond Creation N/A 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. N/A 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_ Size of watershed draining to pond:_ N/A___ _ Expected pond surface area:__ N/A V11. 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. The proposed impact wetland f"illl was limited to a total of 0.075 acre for both Lots I and 2 combined. Wetland fill was minimized when the site_plan_was revised to_construct a retaining wall to limit the amount of fill in Section 404 wetlands, rather than filling with a-3: I slope. Page 5 49 Wetland impacts are necessary to construct a house on each lot and meet septic setbacks for wastewater systems on both lots both Lots -Iand 2_are_flag, lots limiting the location where a house can be constructed and septic tank/field located. Reair_areas _are required by Dare County Health Dept., limiting the location for the proposed houses. Wastewater and repair areas cannot be outside the 10' MBL therefore limiting the location of_thewastewater and_reairareas. Narrowed vortion of lots. is limited to access _and.park in ,which will also allow for grassed buffer area for highway runoff and future expansion of Hwy 12. Parking location allows vehicles to back in to turn around and exit the driveway. Filter cloth to be placed between the proposed retaining wall and fill, to prevent intrusion into wetlands not permitted for fill. Property owner's of Lots Iand 2 are working toget_h_er for two separate roiects to minimize l_l._Perm t for both_proiects combi imp ywithin_a_N_ationwide I $ I -1 1 ta ned. acts to_s V111. 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 he 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. 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.btml. 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 _ proposed _mitibation- 3-plan- for this project- will be_-the _purchase of wetland credits from- - NCEEP as corn ensatory mitigation- to offs__et wetland- impacts proposed (0.075 acre of wetland fill). 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.//h2_o.enr.state.nC.415/wrp/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): ----------- - Amount of Riparian wetland mitigation requested (acres):- N/A Amount of Non-riparian wetland mitigation requested (acres): N/A 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 Fnvironmental 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. Yes ? No [I 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. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) 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. The 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. I'agc 7 oP) Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 213 .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. Lone* Impact Required (square feet) Multiplier Mitigation I N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone I extends out ll I'M perpendicular from naubank of channel-, Zone 2 extends an additional 20 Ibct 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 213 .0242 or -0260. _ No buffer mitigation required for this-pwjectsince disturbance/-fil--I_is not within the buffer. X1. 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. Impervious _areas _do_not_currently exist within Lot l _or_Lot-2_ -Total acreage of Lot I is 0.42 acre, proposed built upon impervious_area_fo_r Lot _I is 25% "Total acrea reof Lot 2 is-0.42 acre, proposed built upon impervious area for Lot 2 is 29%. Total impervious area (built upon area) roused on Lot I house, porch & stairs 1,826 s_f._±_-driveway andparking 2,900 s:f. 47.26 s.f._ F Lot 2house porch and stairs _1,8-26s.f. + driveway and parking 3,580 =_5,406 s.f. Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 4,726 + 5,406 = 111,132 % Total Slope proposed from house to-fill area is 3:1 slope (fill _dope).-_ Roof of proposed houses have several valleys and gutters,- which will allow several areas of surface runoff preventing localization of stormwater runoff in lust a few areas. Both lots will be Traded to slime towards the northern _boundaries _ and eastern _boundaries. __Gradi-ng towards the west will be at a 3:1 slope from the. house-to- the. fill area. A landscaping/retaining_._wall will be constructed along, the wetland fill interface and_.placed _with _filter cloth.- All other graded areas along the western side of the house will be seeded to filter surface runoff Silt ('once will be placed along the wetland interface and graded ar_ea_to-prevent-material-r_unoff_be_tore-grass _is established. Total land disturbance for Lot I will be a maximum 18333S.--r- Total land disturbance for Lot 2 will be a maximum of 18,425 s.f. Total (maximum) land disturbance for this project (Lots 1 &2) is 36,758 s.t'. (0.84 acre) Page 9 of 9 X11. 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. On-site LPP_waste water systems proposed for both Lots I & 2 includin& repair areas-(Lot I includes drainfield_repair area and Lot 2 includes _apeat system repair area) (see-attichccl till plat) X111. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 211 .0500) or any Buffer Rules? Yes ? No is this an after-the-fact permit application? Yes ? No 0 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 fror lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). No constraints are currently associated with this project. Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ,ucNerc C I D ce ! :O .'i D o ?? cv ; f11 w N Z (n F I ?1611 OP ED RE INING WALL x x" 71 X yr ! K r C r ;t > .k r ) / `'i`x ,>C ?.? ? Tyr ?' ,?k/"? ..+... ,., :Nt"", .? f x -u 0;0 -u C$ o? Z? o N0 C All I mN mo I 2 O N v m Ip v ? I ,oz !M A Q N J J I r 0l I ? O O ID Ell IW M n1D MM p G7 I ;0 D v D D Z u ;u rr? C (n (A \ D mD -V D F. .\ DZ ro m Z D Z --I m z D ; r ;v z v o Do Dm \ o ---I Z ? o 10' M.B. .. I 0 00 x Z ?? IID ,? I z qn? m m D mt.,• D O N v v I"U M I cn 2 a Z z r m Z $ r r 0 o;,l o I D ., o rri N I D O r?e N l< ti Z D F D ?Va z 0 0 N NC 12 'NA OF WATF, Michael F. Easley, Governor X01 QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 6, 2006 DWQ Project # 06-1722 Dare County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Matt Hall (owner of Lot 2) P.O. Box 1795 Kitty Hawk, NC 27949 Mr. Rick Willis (owner of Lot 1) 215 Brooke Avenue Norfolk, VA 23510 Subject Property: Hall - Lot 2, Willis - Lot 1 Pamlico Sound [030151, 30-22, SA, HQW, SB] REQUEST FOR MORE INFORMATION Gentlemen: On November 1, 2006, the Division of Water Quality (DWQ) received your application dated October 31, 2006, to fill or otherwise impact 0.0.75 acres of wetland to construct the proposed residential developments. The DWQ has determined that your application is 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 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. This Office believes that the two homes labeled on the plans as "Proposed House on Lot 1 and Proposed House on Lot 2" can be moved or reconfigured to avoid or minimize the impacts to the wetland. Please revise the plans to avoid the impacts. 2. Please resubmit your application using the attached current March 2005 Pre-Construction Notification Application Please respond within three weeks of the date of this letter by sending this information to me in writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you 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: htto://h2o.cur.state.ne.us/ncwctIands Ni One hCarolina Naturaly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper M Hall/Willis Tracts Page 2 of 2 November 6, 2006 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. Sin ely Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBK/ijm Enclosures: March 2005 Pre-Construction Notification Application cc: Kyle Barnes, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Douglas Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949 Filename: 061722HailLot2WillisLotl (Dare)On_Hold DWQ 06-1722 Hall Lot 2, Willis Lot 1 P Subject: DWQ 06-1722 Hall Lot 2, Willis Lot 1 From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Tue, 07 Nov 2006 15:31:19 -0500 To: dougdorman@earthIink.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. Content-Type: application/msword 061722Ha11Lot2WillisLotl(Dare)On_Hold.doc Content-Encoding: base64 1 of 1 11/7/2006 3:32 PM Pil,Y7,^Er!T RECEIVED USACE Action ID No. DWQ No. 2 4 0 6 1 7 2 2 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 Check all of the approval(s) requested for this project:, rr ® Section 404 Permit... ` ? Section 10 Permit NOV I 2011b ® 401 Water Quality Certification DENH - WAr _ht L!0 iL;l r ? Riparian or Watershed Buffer Rules WETIAN0,S, 0 s rrRRA1ry>^JFRRRANCH 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: ? N/A 4 If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: IL Applicant Information Owner/Applicant Information Name: _AOwner of Lot 2J Matt Hall__ _ Owner of_Lot 1): Rick Willis Mailing Address: P.O. Box 1795 Oct 215 Brooke Ave. - KittyHawk-NC 2794- - Norfolk VA 23510___ Telephone Number: see agent info. -- Fax Number:_ see, rent info. E-mail Address:_ see a,ent info____ --- 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: - Douglas A. Dorman Company Affiliation: Atlantic Environmental Consultants, LLC_ Mailing Address:_ P.O. Box 3266 -- - Kitty Hawk NC 27949 ---- - 'T'elephone Number:_-252-261-7707----- Fax Number: 252-261-2965 -- -- ---- E-mail Address: _ dougdorman a earthlink_net Page I of 9 Ill. 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 requires information to be submitted on sheets no larger than 1 I by 17-inch format, 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 ofproject:_Hall & Willis_ AEC#06-079 2. T.I.P. Project Number or State Project Number (NCDOT Only):__ N/A 3. Property Identification Number (Tax PIN):_Lot I - Pin#064720806088 4. Location Lot- 2 _- Pin#064720806051 County: Dare CountW_ _ Nearest Town: Salvo _ Subdivision name (include phase/lot number):__Lots _I & 2. Affie's Oaks Subdivision _ Directions to site (include road numbers, landmarks, etc. Heading; south on Hwy 12, south of Oregon Inlet just north of Hooper Lane and south of Park Road on west side of Hwy 12 in Salvo (previously Beach &_-Bay Campground). 5. Site coordinates, if available (UTM or Lat/Long): 3532.23.93 N 7528.27.80 W (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: Lots l and 2 are-currently _u_nde.veloped, -no structures current exist on these lots. 7. Property size (acres):_ Lot 1 = 0.42 acres Lot _2 - 0.42 acres (combined =_0.84 acres) 8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound 9. River Basin: Pasquotank River Basin (Note -- this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http_//h2_o.enr.state nc_.us/a_dmi_n/mats/.) Page 2 of 9 10. Describe the purpose of the proposed work: proposed fill is necessary to construct houses on both lots 1 and 2. I L List the type of equipment to be used to construct the project: Dump_truck and frontend loader 12. Describe the land use in the vicinity of this project:__ residential/commercial 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. Jurisdiction determination has been made by William Wescott USACE on 9-13-06 however no Action ID number has been given at this time due to property transactions and moratorium with USACOE, signing-plats andjurisdietional determination letters are not issued by the USACOE at this time. 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 future permit requests are anticipated for_t_his_project Vl. 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 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 Page 3 49 Si (t * List each impact separately and ulentily 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 arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or I'I;MA-approved local Floodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or online at http_//wvvw,lema_gov. *** List a wetland type that hest describes wetland to be impacted (c-g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: Lot l - 0.06 ac. Lot 2 - 0.074 ac. total combined 0.13 ac. Total area of wetland impact proposed: blot 1) 0.041 + (lot 2) 0.034 = 0.075 acre total _- Wetland Impact to Number ndicate on map Type of * Impact Area of Impact (acres) Located within 100-year ** Floodplain (yes/no) Distance to Nearest Stream (linear feet) --- --? Type of Wetland*** Lot I 404 wetland till 0.041 ac. Yes Man made canal 165 fcct Scrub wetland Lot 2 404 wetland fill 0.034 ac. - - --- ----- - Yes -- ------ Man made canal 165 feet ------------ -- Scrub wetland 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on map) Type of Impact* Length of Impact (linear feet ) Stream Name** ----- ---- Average Width Average Stream Before Impact perennial or Intermittent? (pleasespecify) - N/A N/A N/A N/A N/A N/A --at caCH uuNala SC1JalatCty and Identity 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. page 4 of 9 ** 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 internet sites also allow direct download and printing of USGS maps (e.g., wwwtopozone_com, www.maest,cm_, etc.). 01 Sit (Indic Cumulative impacts (linear distance in feet) to all streams on site: _ no stream impacts 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. en Water mpact Number ale on ma _ I ype of Impact Area of Impact (acres) _ Name or Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, 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: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation N/A 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. N/A 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 Size of watershed draining to pond:-- N/A Expected pond surface area: N/A V11. 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. Thepr oposed impact wetland fill) was limited _to_a total of 0.075 acre for both Lots 1 and 2 combined. Wetland fill-was minimized when the site .plan -was revised to construct a retaining wall to limit the amount of fill in Section 404 wetlands, rather than filling, with a 3:1 slope. Page 5 of 9 Wetland imp?acts_are_necessary to construct a house on each lot and meet septic setbacks for wastewater svstems_on both lots-, both Lots I and 2_are fly lots limiting the. location where a house can be constructed and se tic tank/field located.... Filter cloth to be placed between the proposed retaining wall and fill prevent intrusion into wetlands_not permitted for fill. VIII. Mitigation DWQ - In accordance with 15A NCAC 211 .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. 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 littp.//li2o.eni-.state.nc.us/ncwetlands/sti-mi,-,ide,htnil. 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. Th_ e ?rop-osed miti ratt ion Plan fo_r_this Rroiect_will be the purchase of wetland credits from NCEEP as compensatory mitigation to offset wetland impacts proposed (0.075 acre of wetland films 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 Page 6 49 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 11_02o.enr..state.nc.us/wrp/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): N/A 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. 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. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) 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. The 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. Page 7 49 Zone* Impact Multiplier (square feet) 1 N/A 3 2 N/A 1.5 Total N/A Zone I 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. No buffer miti Jation required _forthis project since disturbance/fill is not within the buffer. X1. 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. Impervious areas do not currently exist within Lot 1_or Lot 2. Total acreage of Lot 1 is 0.42 acre, proposed built upon ripervious_area-fo_r_Lot 1 is 25%. Total acreage of Lot 2 is 0.42 acre, proposed built upon impervious area for Lot 2 is 29% _Total impervious area (built upon area proposed on Lot 1 - house porch & stairs 1,826 s.f. + driveway and parking, 2,900 s.f. = 4,726 s.f. + Lot 2 - house orch and stairs 1,826 s.f: + driveway and parking 3 580 = 5,406 s.f. Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 4,726 + 5,406 -10 10,132 s.f Total Roof of proposed houses have several valleys and gutters, which will allow several areas of surface runoff preventing localization of stormwater runoff in just a few areas. Both lots will be graded to slope towards. the. northern boundaries and. eastern boundaries. Grading towards the west will be gradual-_slWe from the house to the. fill area (retaining wall). A landscaping//retaining wall will be constructed along the wetland fill interface and placed with filter cloth to prevent intrusion of material into wetlands not permitted for fill. All graded areas around each house will be seeded to filter surface runoff Silt fence will be placed along the wetland interface and graded area to prevent material runoff before grass is established. Total land disturbance for Lot 1 will be a maximum. 18.333 sf. Total land disturbance for Lot_2_ will be a maximum of 18_425 s_f_ Total (maximum) land disturbance for this protect (Lots 1 &2) is 36,758 s f (0.84 acre) X11. 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. _On-site LPP waste water systems proposed for both Lots-1_& 2 including-repair areas (Lot J includes drainf eld repair area and Lot 2 includes apeat -system repair area) ?see attached filt?lat Page 8 of 9 X111. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes 11 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). No constraints are currents associated with this protect___________ ./ /al3/?v Applicant/ gent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) I1TCEIVED USACF Action ID No. DWQ No. 2 0 0 6 1 7 2 2 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 I - Check all of the approval(s) requested for this project: F-wl .? s l.,a ® Section 404 Permit Rt1?? ? Section 10 Permit?? ® 401 Water Quality Certification N .! V 1 2006 ? Riparian or Watershed Buffer Rules 1.7i-wr? VVI'i! ck ,JUr1L.?ll' WETLANDS AND y ORMWATFR BRANCH 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: ? N/A 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII -- Mitigation), check here: I1. Applicant Information Owner/Applicant Information Name:__ - er.of Lot 2 ,_ Matt Hall_-_- ?-O--wn- - - -- - (Qwner_of Lot Q -Rick Willis Mailing Address: P.O. Box 1795 49 215 Brooke Ave. Kitty- Hawk, NC 2794 _ Norfolk, VA-23510 Telephone Number: see agent info. -- Fax Number:- see a gent info. E-mail Address:-_ see went info. 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: _.-_ -- - - Do_ ulas A._Dorman.- - Company Affiliation: Atlantic Environmental Consultants, LLC Mailing Address:_ P.O. Box 3266 Kitty Hawk, NC 27949 Telephone Number: 252-261-7707, Fax Number: 252-261-2965 F,-mail Address:- dougdorman c@earthIink net_- Page I of 9 A 111. 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 requires information to be submitted on sheets no larger than I I by 17-inch format; 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 ofproject: -_ [fall & Willis..- AEC#06-079 2. T.1. P. Project Number or State Project Number (NC DOT Only): - N/A 3. Property Identification Number ('l'ax PIN): [,ot_I --Pi n#064720806088 Lot 2 - Pin0064720806051 _ 4. Location County: Dare Count _ Nearest Town: Salvo Subdivision name (include phase/lot number): --- Lots--I & 2?Affie's_Oaks Subdivision Directions to site (include road numbers, landmarks, etc. __ Heading South- on .Hwy 12 south of Oreg n Inlet ust north -of Hooper Lane and south of Park Road on west side of Hwv l21n Salvo (previously Beach & Bay Campground). 5. Site coordinates, if available (UTM or Lat/Long):_35o32.23.93 N 7528.27.80 W (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: _ ots 1 and 2 are currently _undeveloped, _no structures currently. exist o_n- these lots. 7. Property size (acres): Lot 1 - 0.42 acres Lot 2 - 0.42 acres combined 0._84 acres 8. Nearest body of water (stream/river/sound/ocean/lake): __ Pamlico Sound 9. River Basin:_Pas_ uotank River Basin--(Note -- this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http_//h2o.enr.stale. nc,Us/ad or n/nl,aps/.) Page 2 of 9 10. Describe the purpose of the proposed work:_-proposed fill is neces_sarv to. construct houses on both lots I and 2. 11. List the type of equipment to be used to construct the project:. Dum truck and_frontend loader 12. Describe the land use in the vicinity of this project:__ residentid/commercial 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. Jurisdiction determination has been made by William Wescottt U_SACE on 9-13-06, however no Action ID number has been ?Tiven at this time due to-pro ?erty transactions and moratorium with [UACO, E signing plats and_1urisdictionaldetermination letters are not issued by the USACOE at this time. 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 future permit requests are anticipated for this project V1. 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 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 Page 3 of 9 11 Wetland Impact Area Located within Distance to Site Number type of of 100-year Nearest (indicate on Impact* Impact Floodplain** Stream *** Type of Wetland map) (acres) (yes/no) (linear feet) Lot 1 404 wetland fill 0.041 ac Yes Man made canal Scrub wetland 165 feet Lot 2 404 wetland till 0.034 ac. Yes Man made canal Scrub wetland 165 feet * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditch ing/drainagc, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Ye?u- floodplains are identified through the Federal Finergency Management Agency's (FFMA) Flood Insurance Rate Maps (FIRM), or I-TWA-approved local tloodplain maps. Maps are available through the FENM Map Service Center- at 1-800-358-9616, or online at Intl ww.leua.gov. *** I,ist 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.-l.ot I - 0.06 ac. --- Lot 2 - 0.074-ac. (total combined 0.13 ac) Total area of wetland impact proposed: (lot 110.041 t _(lot 2 0 034 _ 0_975 acre total 2. Stream Impacts, including all intermittent and perennial streams titre: Site (indic in Impact Number te on map) Type of Impact* Length of Impact (linear feet) S(rcam Name** Average Width of Stream Before Impact Perennial or Intermittent'? (plcase e if ) N/A N/A N/A - - N/A N/A sR e y N/A - - - a tst eac 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. Page 4 of 9 ** 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 internet sites also allow direct download and printing of USGS maps (e.g., www,toi)ozon_e.com, www,mapquestcom., etc.). 0I Sit (iudii Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. en Water Impact Number ate on ma - Type of Impact Area of Impact (acres) Name of Waterbody (if applicable) - Type of Waterbody (lake, pond, estuary, sound, 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: till, excavation, dredging, flooding, drainage, bulkheads, etc. 4. Pond Creation N/A 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. N/A 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 _ Size of watershed draining to pond:- N/A Expected pond surface area: N/A_ V11. 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. The proposed impact wetland_fill)_was limited to a total of 0.075 acre forboth Lots 1 and _2 combined. Wetland fill was minimized when the site _plan_ was_revised to construct a retaini' wall to Itmit_the-amount of fill in Section 404 wetlands, rather than fillip , with a 3:1 slope. Page 5 of 9 Wetland impacts are necessary to construct a house on each lot and meet septic setbacks for wastewater systems on both lots; both Lots Land 2_ace flalots_limiting the location where a house can be constructed and septic tank/field located. Filter cloth to be placed between the proposed retainii all and fill, o prevent intrusion into wetlands not permitted for fill. V11I. 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. If mitigation is required for this project, a copy of the mitigation plan must be attached in order r'or 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/strm_, ide. htn_tl. 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 proposed mitigation plan for this?roject will be the purchase-_of wetland credits from NCEEP as compensatory mitigation to offset wetland impacts proposed (0.075 acre of wetland fill). 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 Page 6 49 I 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;//h2q _enr._st_ate.nc us/wrP/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): N/A-------- 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. 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. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) 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. The 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. I'agc 7 of 9 utred Tone* Impact Multiplier Required (square feet) - 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. No buffer mit gation_reduired_for this project since disturbance/fill is not within the buffer. X1. 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. Impervious areas de not-currently exist within Lot 1.-or Lot 2. 'total acreage of Lot 1 is 0.42 acre; proposed. built upon impervious area_for Lot 1 is 25%. -Total acreage of Lot 2 is 0.42 acre: proposed built upon impervious area for Lot 2 is 29%.- Total impervious area built upon area proposed onLot 1 house, porch & stairs 1,826 s.f. + driveway and parking, 2,900 s.f. _= 4,726 s.f. + Lot 2 - house porch and stairs 1,826_ s. f. + driveway and parking 3 580 = 5,406 s.f. Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 4,726 + 5,406 - 10,132 s.f Total Roof of pressed-houses have several valleys and gutters, which will allow _several _ areas of surface runoff preventing, localization of stormwater runoff in iust a few areas. Both lots will be >raded to slope towards the northern boundaries an d eastern boundaries. Grading towards the west will beradial slope from the house to the fill area _- retainin.R wall). A landscaping/retaining-wall -will be constructed alonYthe wetland fill interface and placed with filter cloth to prevent intrusion of material into wetlands not permitted for-fill. -All-graded areas around each house will be seeded to filter surface runoff Silt fence will be-placed along the wetland interface and graded area to prevent material runoff-before. grass is established.. Total land disturbance-for Lot I- will be a maximum 18,333 s.f-. Total land disturbance for Lot 2 will be a maximum of 18,425 s .f. Total (maximum) land disturbance for this project (Lots 1 &2) is 36,758 s f (0.84 acre) 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. nn_site LPP waste water systems pro osed_-for both Lots I_ & 2 including repair areas Lot_ _1 includes drainfield_repair area_and Lot 2 includes_a.peat system repair area), _see attached 1i11 pta? Page 9 of 9 X111. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (I 5A 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). No constraints _are_ currently_ associated with.this project. Applicant/ gDate (Agent's signature is valid only if an authorization letter from the applicant is provided.) r ?.. ?. '% iucxerX 0 Z ?:. HOAV yo D N ? O cn F v "PROPMED RE AINING WALL .ti z$ i g$ I °I Sq I f ?$ o W bD D mm?? y CL m r- z a > 6 50 > u r -- \ D21 C ?>0 m --q Z 6 g 2 10' M.B.L.. m N > m 00 ° C7 "''I f " .. , a Z ti - o ao f $ o ci. - D j S,-? m rNri D D C? ° - r rrI ?qZ ?°zr;o Z $ ?h ?' v ! O N C m "r,i •.,? D I ?. -41 i^?\ y N C 12 - ""'IT ?J IVI.C) USACE Action ID No. DWQ No. 200 6 1 7 2 2 1 If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. Processing I . Check all of the approval(s) requested for this project: +tio?? 9r ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ?'?? 2006 ? Riparian or Watershed Buffer Rules Urrn: ??'h!f_C?t U?)7\LITY YVEThnNpr, AND sl OR%N,1g1R BRANCH 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: ? N/A 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: If. Applicant Information I. Owner/Applicant Information Name:-.-- (Owner of Lot 2): Matt Hall _-_ COwner of Lot- Rick Willis __ Mailing Address: P.O. Box 1795 49 215 Brooke Ave. - Kitty Hawk NC 2795x4 Norfolk VA 23510 - Telephone Number: _-see went -o. Fax Number: see agent info. E-mail Address:--w e agent info. 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: Douglas A. Dorman Company Affiliation: Atlantic Environmental Consultants, LLC Mailing Address: P.O. Box 3266 Kitty Hawk - NC 27949 Telephone Number: 252-261-7707 Fax Number: __-2-52-261-2965 E-mail Address: -dou&dor--man @earthlink.net___-- Page 1 49 M. 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 'T'opographic 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 USACF requires information to be submitted on sheets no larger than I I by 17-inch format-, 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 ofproject: -Hall &_Willis AEC#06-079 2. T.LP. Project Number or State Project Number (NCDOT Only):- N/A 3. Property Identification Number ('fax PIN): _Lot I - Pin#064720806088 Lot 2-- Pin#06472080605 I Location County: [dare Count - Nearest Town: Salvo Subdivision name (include phase/lot number):- Lots] & 2, Affie's Oaks Subdivision Directions to site (include road numbers, landmarks, etc. - I leading south on Flwy_ I2 south of OregonInllt just northof_HooLane and south of Park, Road on west side of I-Iwv 1.2 i_n Salvo (previously Beach & Bay Campground). 5. Site coordinates, if available (UTM or Lat/L,ong): 3532.23.93 N-- 75.28.27.80 W (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: Lots -I and 2 are currently- undeveloped, no structures currently exist on these lots. 7. Property size (acres):_ Lot l - 0.42 acres- Lot 2 - 0,42 acres- (combined-_ = 0.84 acres - 8. Nearest body of water (streamh-iver/sound/ocean/lake):-_ Pamlico Sound 9. River Basin: Pas uotank River Basin (Note this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.cnr.state.nc.us/admin/maps/.) Page 2 oC 9 10. Describe the purpose of the proposed work: proposed fill is necessary-to construct houses on both lots 1 and 2. 11. List the type of equipment to be used to construct the project:- Dump truck and frontend loader 12. Describe the land use in the vicinity of this project:- residential/commercial 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 USACF, 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. Jurisdiction determination has been made _by_William Wescott, USAC_E, o_n_9-13-06 however no Action ID number has-been Liven at this time due_t_o_pro?erttransact ions and moratorium with USA( OF}_sjgningplats and jurisdictional determination letters are not Issued-by the USACOE at this time. 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. future permit requests are_anticioaated for this project V1. 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 mitigation, list and describe the impact in Section Vlll below. If additional space is needed for listing or description, please attach a separate sheet. 1. Wetland Impacts Page 3 ol, 1) Wetland -- - Impact Area Site Number Type of of (indicate on Inipact* Impact -- map - -- (acres) Lot I 404 wetland till 0.041 ac. Lot 2 404 wetland fill W034 ac. Located within 100-year Floodplain** (yes/no ) Distance to Nearest Type of Wetland*** Stream (linear feet) Man made canal Semi) wetland 165 fcet Man made canal -- Scrub wetland 165 tcct - * List each imp act separately and identity tcmporarv intpact s. Impacts include, but arc not limilud to: mcchani/cd clearing, grading, till, excavation, flooding, ditching/drainage, etc. For clams, separately list impacts title to both structure and flooding. ** 100-Year Iloodplains are identified through the Fcdoral kinagency Management Agcncy's (FI?MA) Flood Insurance Rate Maps (FIRM)_ or FFMA-approved local floodplain maps. Maps are available through the FI?MA Map Service Center at 1-800-3,58-96 16. or online at h1lp1/\vw\v.fcma,gm. *** List a wetland type that hest describes wetland to lie impacted (ag., f-eshwatcr/saltwalcr marsh, florested wetland, heaver pond, Carolina Hay, hog, etc.) List the total acreage (estimated) of existing wetlands on the property: Lot I - 0.06 ac. Lot 2 0.074 ac. (total combined 0. 13 ac-) Folal area ol, wetland impact proposed: _-(lot I10.041 + (lot _2_0 034 = 0.075 acre total 2. Stream Impacts, including all intermittent and perennial streams stream Impact I.cngth of Aver age Width - Peaennial or Site Number T_\ lie of, Impact* Impact Stream Name** of Strean) Intermittent? (Indicate on map) - - (lineal feet) Rel'Orc Impact (please spccif_y) N/A 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- 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. Page 4 of 9 ** 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 I-800-358-9616, or online at www.us-;s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.niapquctit.-cone, etc.). Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts 3. Open Water- Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the 1). S. Open Water Area ol' I'ypc oMa terbo(tv Impact YPe of, Impact* Impact Name of WaterbodN (lake, Pond, estuary, sound, Site Number (acres) (il'upplicable) hay, ocean, etc.) (indicate on 111.11) N/A N/A N/A N/A N/A * List each impact scparzucly and identilN tcmPorary impacts. Impacts include, but arc not limited lo: fill, cxcayation, (Ifcdging, flooding, drainage, bulkheads, clc. 4. Pond Creation N/A 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. N/A 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 Size of watershed draining to pond: N/A Expected pond surface area: -N/A_ V11. 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. The proposed-impact (wetland. fill) was limited to a total of 0.075 acre for both Lots I and 2 combined. Wetland fill was minimized when the. site-_plan was revised to construct. a retaining wall to limit the amount of fill in Section 404 wetlands rather than filling, with a 3:1 slope. Page 5 of 9 Wetland impacts are_necessary _to constructa_house on each lot and meet septic setb-acks for wastewate_r_systems on both lots1_both Lots -I and 2 are_flag_lots limiting the location where a house can-be con-structed_and septic-tank/field located... Filter cloth to be placed between the_proposed _retain ing wall and fill to prevent intrusion into wetlands not permitted for fill. V111. 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. USAGE - 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. F,xamples 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. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACF 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 littp_//li2o.enr.state.nc.u-s/ncwetl_ands/strmgide.litml. 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 proposed_miti ation plan for thiss.Pro ect will be thepurchase -of wetland credits from NCEEP as compensatory mitigation to offset wetland impacts proposed (0.075 acre of wetland fill). 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://h29-.enr.state. c.us/wrp/index.htm. (fuse 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): N/A 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 (tederal/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/SE,PA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. 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. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) 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. The 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 I SA 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 ? Ifyou 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. Page 7 49 Zone* 2 Total Impact Required Multiplier (square feet) Mitigation N/A 3 - N/A - N/A 1.5 N/A N/A - N/A Zone i cxtcnds out 30 feet perpendicular from near bank of channel; Zone 2 cxtcnds an additional 20 feet from dic edge of Zone 1. X1. Xll. 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. No buffer mitigation required for this protect since disturbance/fill is not within the buffer. 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. im ervious- areas -do_ not currents exist within Lot I or Lot_ 2,-_ Total acreage of Lot 1 is 0.42 acre;-proposed built upon impervious area for_L,otI_rs 25%. Total _acreage-of Lot 2 is 0.42 acre: prop osed built upon impervious area for Lot 2 rs_ 2.9%_-Total imt)ervious_ area built uon area) proposed on Lot _ 1---house, porch.-& _stairs 1,826 s.f. + driveway and_a_kir>4; 2.900 s .f 4,726 s.f + Lot 2 - house, porch and stairs 1,826 s,f t driveway. and narking 3,580= 5 406 s f Total impervious area (built upon area) proposed for Lots 1 & 2 combined: 4,726 + 5,406 = 10132 s.f Total Roof of RWosed houses have several valleys and. utters which _will allow . several areas of surface runoff preventing localization of stormwater runoff in just a few areas.. Both lots will be graded to slope towards the northern _boundaries _and eastern boundaries. Grading, towards the west will be_?,Yradual -slope from the house to the ti_il -area retainini,, wall)_._ A_ landscaping/retaning wall willbe_constructed along the wetland till interface and placed with filter cloth to prevent intrusion of material-into wetlands not permitted for fill. All graded areas around each _house _ will be seeded to filter surface runoff' Silt fence will. be placed along the wetland interface and- t4raded area to Drevent_material_runoff belore_grass_is established. Total land disturbance for Lot 1 will be a_maximum 18,333 s.fTotal land disturbance for Lot 2 will be a maximum of 18,425 s.f. Total (maximum) land disturbance for this project (Lots 1 &2) is 36,758 s f (0.84 acre) 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. On-site LPP_ waste water systems proposed for both Lots 1 & 2 including repair areas (Lot. 1 includes drainfreld-repair area and Lot_ 2 includes a_peat system -repair area) sec attach-e-d_fill _plat) Page 8 of 9 X111. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (I 5A 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). No constraints are currently associated with this project. A5 l3 141'r App gent's Signature Date. (Agent's signature is valid only if an authorization letter from the applicant is provided.) WAV ;o M Do D K N p O m ir q F v "PROPMED RE AINING WALL I 2-0 _T 2$ _ (qP I oI c0 C O ? w -0 . o? m? mo I ? m v p ?- v __- ? I ? I- I m 4 53 INi o FO O 'D I .!A D ? S D m? ;o T N I V V w ? .! 5 S 4y ?? ma o WO p mm ° .: D ?D \ DZ , Z m D D Z D -? D 35p m ? D 6 mz o ?'O DO Dm .~ \ 5 = Q 10 M.B.L., g Re N >m C .. ?Y •n r" • ' a o co rn ? I TT O ? ? • ',•?• ^a' ,y A a, A Aa Z p? ?? O O D fRf I rri C Se ? T o m D °q? z rr--; N z $ •. ?I" r D. o •\ o m rte' m Z SID ; Z ?r F ?. N Z (? z. rr? % N D D M cnr a SC'. ? ??. •. '.111 l"' ?•?f (?l ^? ?? ?- yi v NC 12 Great Pt..: Island Ha JN . e T. Micig Islan -T4 . . hfidgefl yyy Vv: •r m tialvu � P, , �sl r Camu.: p v Clark �r s;an�p�r,lunti ;; ? 13M ! Copyright (C) 1998, Maptech, Inc. E 2 0 0 6 1 7 2 2 ?avids Great Pt x' Island ; Midgett Island ?f Midgetd? r' l , .r Cove .•• I? I Cam uj w x Clarks CamPBrvun ?iM', ? i I? II tart A?: Y Copyright (C) 1998, Maptech, Inc. KY 0 7 ? O ? • : ?• l,^ j ' sue,, i Yu?d N , .., ? P? ? ?Rp,NCN 20061722 Oct 30 06 03:13p Outer Banks Con5tructian 125^1255-0404 p.1 AUTHORIZATION STATEMENT Owner Authorize ATLANTIC ENVIRONMENTAL CONSULTANTS to act as agent for applications and permits. Date ' Owner Signature . Dot 3C 06 03:13P Outer Banks Construct i carp I- AUTHORIZATION - AUTHORIZATION STATEMENT r._ Owner, Authorize ATLANTIC ENVIRONMENTAL CONSULTANTS to act as agent for applications and permits. Date ?c'l oleo, Owner Signature 2 rj O DWQ# d (o. _-? 1 Date 117 Who Reviowod: i???'? Plan Detail Incomplete ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ?. Please show all wetland impacts including fill slopes on the site plan. f ? Please indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as everfays on the site plan. ? Please locate *all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned-sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by QC ? Please provide detail for the stormwater management practices as required by OC ? Please specify the perceat of project imperviousness area based on the estimated built-out conditions: ? Please indicate all stormwaterr p4tfalle on the site Phu;. ? Please indicate the ditlbse flow provision measures on the site plan. ? Please indicate whoth4w or not the proposed impacts already boars conducted. Avoidance.and/or Minimization Not Provided ? • The labeled as on the plans does not appear to be necessary. Please eliminate the.:.__ or provide additional information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved, or reconfigured to avoid the impacts to the Please revise the plans to avoid the impacts. ?, This'Ofi3ce believes that the -labeled on the plans as can be moved or reconfigured to.mininmize the impacts tp'the Plane revise the plane to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diffose flow through the buffer because Please revise the plans and provide calculations to 'ahow that dif ve flow will be achieved through the endrebuffer. If it is not possible to achieve•dif zee flow through. the entire buffer then it may be necessary to provide stomYnwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other i. ? . The application fee was insuf6ciont-because oyar 150 feet of stream and/or.over I acre otwedand'impacts were requested. Please provide S 'Ibis additional fee must be reoeive4 before your application can be reviewed. ? Please complete Section(s) on the application. - ? Please provide a signed copy of the application.' ? Please provide oopips of the application, . copies of-the site plans and other supporting information: ? Please submit electronic CAD files showing ; via einail to ian.mcmillan@ncradil.not and CD., Mitigation ? of compensatory-mitigation is required for this project Please provid'e's compensatory mitigation plan.. The plan must conform to the-requirements in 15 A NCAC 2H'.0.500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. DWG{ 1 Date -•° (D Who Reviewed., Plan DetallYncomplete ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ?. Please show all wetland impacts including fill slopes on the site plan. ? Please indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. ? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. ? Please provide cross section details showing the provisions for aquatic life passage. ? Please locate any planned-sewer lines on the site plan. ? Please provide the location of any proposed stormwater management practices as required by OC ? Please provide detail for the stormwater management practices as required by QC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions: ? Please indicate all stormwato p74tfalls on the alto ptaq. ? Please indicate the diflbae flow provision measures on the site plan. ? Please indicate whether or not the proposed impacts already been conducted. Avoidance•and/or Minimization Not Provided ? • The labeled as on the plans does not appear to be necessary. Please eliminate the . or provide additional information as to why it is necessary for this project. ???on•e9 F. Hol.fe0(1.64, Jk0r Opi500({}ou.<_ 0,-NLV4 Th#s ce believes that the labeled on the plans as can be moved. or reconflgured to avoid the impacts to the • T 1 lPlease revise the plans to avoid thq impacts. ? " j ?. This'Offico believes that the -labeled on the plans as can be moved or roconflgured to minimize the impacts to -the Please revise the plans to minimize the impacts. ? The stormwater discharges at the location on the plans labeled will not provide diflhse flow through the buffer because Please revise the plans and provide calculations to show that diMae flow will be achieved through the entirebuffer. If it is not possible to achieve.di8bse flow through the entire buffer then'it may be necessary to provide stormwater management practices that remove nutrients before the stormwater can be discharged through the buffer. Other ?•. The application foe was insuffloiontbecauso over 150 feet of stream and/or.over 1 acre of wedand'impacts were requested. Please provide $ This additional fee must be received before your application can be reviewed. ? Please complete Section(s) on the application. ^ ? Please provide a signed copy of the application. ? Pleaseprovide copies of the application, . copies of the site pleas and other supporting information; ? Please submit electronic CAD files showing , via email to ian.momillan@ncmdil.net and CD., mitigation ? of compensatory mitigation is required for this project. - Please provide a compensatory mitigation plan.. The plan must conform to the-requirements in 15 A NCAC 2H'.0.500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. 0 Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. 0 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. Article Addressed to: Mr. Rick Willis (owner of Lot 1) 215 Brooke Avenue Norfolk VA 23510 DWQ#f 06-1722-Dare A. Signature X B. Received by (Printed Name) ? Agent ? Addressee 0. Date of Deliver. D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type Certified Mail ? Express Mail Registered Return Receipt for Merchandiai ? Insured Mall C.O.D. 4. Restricted Delivery? Pit Fee) ? Yes !. Article Number 7006 0810 3674 (Transfer from serylce /abeQ 0 0 0 5 9468 ?_ )G Fnrm 3811 Fahrjma 9nnd n--tlc R.fi- P-inf ?mce?no_u_?cn UNITED STATES POSTAL SERVICE i • Sender: Please print your name, address, and ZIP+4 in this box • NC DLNR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 ¦ Oc5molet6 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 mailplece, or on the front If space permits. 1. Article Addressed to: Rick Willis {owner of lot 1 } Brooke Avenue -folk VA 23510 VQ#06-1722-Dare A. Signature X B. Received by (Printed Name) ? Agent C. Date of Deliver D. Is delivery address different from Rem 1? ? Yes If YES, enter delivery address below: ? No 3. Service type X'CertMied Mall ? ress Mall ? Registered Retum Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article ur (1Yansfernsfer from 7006 0100 0003 7223 7327 sen ?S Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154 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 & Fees Paid Permit No. G-10