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HomeMy WebLinkAbout20041042 Ver 1_Complete File_20040628 o?0 c, wAr?RQ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 2, 2005 DWQ Project # 04-1042 Dare County Patrick Hennessy P.O. Box 547 Corolla, NC, 27927 Subject Property: Patrick Hennessy property MODIFICATION: Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hennessy: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.099 acres of wetlands for the purpose of residential construction at the subject property, as described within your modification request received by the N.C. Division of Water Quality (DWQ) on February 02, 2005. 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 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 Certification replaces the one issued to you on November 23, 2004. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506.(h).. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/CAMA Wetlands 0.10 (acres) PCN form 401 OversightlExpress 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. N ` o Carolina Ntumlly An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Patrick Hennessy Page 2 of 3 March 2, 2005 2. Erosion & Sediment Control Practices 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind 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. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters 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. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Mr. Patrick Hennessy Page 3 of 3 March 2, 2005 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 in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, 4-1-? ? Alan W. Klimek, P.E. AWK/cbk Enclosures: GC 3402 Certificate of Completion cc: Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948 USACE Washington Regulatory Field Office DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 04-1042 Patrick Hennessy (Dare) 401 mod PRODUCT 240 0 o or www.neba.com F4 W. ENVIRONMENTAL PROFESSIONALS, IN : 2 ?C?QLVJ o o e e Planning For A Better Environment P.O. Box 3368 FER KILL DEVIL HILLS, NORTH CAROLINA 27948 2 2005 (252) 441.0239STrE FAX (252) 441-0721 To NC pwQ X10 / (,tl e f (a a?S G(t? r f GPr,'i ?? a If G 7 WE ARE SENDING YOU Attached ? Under separate cover via ? Shop drawings ? Prints ? Plans ? Copy of letter ? Change order ? DATE '-? ITV r ? ( Q o JOB NO. 0 -5- D 8???10 t RE: 18 /1/a.•f-?Oh w?a0e .c ? r e v; r,? - ? Samples the following items: ? Specifications COPIES DATE NO. DESCRIPTION , Nay ;oK v, de- -- ye:i -- / 9 App ( ` -1 'o L1 C i? a° c% `f d ? 02 O 4) D D ?i ? sa C j ? 1 {Lip` THESE ARE TRANSMITTED as checked below: For approval - For your use ?_ As requested For review and comment ? FORBIDS DUE REMARKS ? Approved as submitted ? Approved as noted ? Returned for corrections ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints ? PRINTS RETURNED AFTER LOAN TO US illk. Gcaa k Vaq 41 44011SSUED Office Use Only: OqID q'i rsion October 2001 USACE Action ID No. d DWQNo. 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: X Section 404 Permit ? Section 10 Permit R?E,vE? X 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ®*** *** Conservation Easement to NCEEP II. Applicant Information Owner/Applicant Information Name: Patrick Hennessy Mailing Address: PO Box 547 Corolla NC 27927 Telephone Number: 252-453-2703 Fax Number: see agent E-mail Address: see agent 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kendall Turnage Company Affiliation: Environmental Professionals Inc. Mailing Address: PO Box 3368 Kill Devil Hills NC 27948 Telephone Number: 252-441-0239 Fax Number: 252-441-0721 E-mail Address:_ environmentalnro(&earthlink net Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution :purposes, the USACE requires information to be submitted on sheets no larger than 11 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: Patrick Hennessy 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9864-17-11-7272 4. Location County: Dare Town: Kill Devil Hills, Outside _ Subdivision name (include phase/lot number): Lot 2 Pine Grove Directions to site (include road numbers, landmarks, etc.): Traveling on US 158 turn west onto 1st St.. Turn south onto Bay drive site is 100 yards north of dead End of Bay Drive on the west side of the road 5. Site coordinates, if available (UTM or Lat/Long): N 36d P 0" W 75d 40'46" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Vacant, partially cleared 7. Property size (acres): 52,191 SF 1.198 AC 8. Nearest body of water (stream/river/sound/ocean/lake): Kitty Hawk BaY_ 9. River Basin: Pasauotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.ne.us/adinin/maps/.) Page 2 of 8 10. Describe the purpose of the proposed work: to allow for the proposed septic system and home to meet required setbacks from wetlands per county and state health codes. 11. List the type of equipment to be used to construct the project:dump truck, front end loader 12. Describe the land use in the vicinity of this project: Residential, Vacation homes IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Wetland Jurisdictional determination and delineation USACE sign off by William Wescott 5/11/2004 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: A CAMA permit may be requested for a pier/boardwalk No further requests are planned or expected for this parcel. Remaining wetlands to be placed under a conservation easement to NCEEP. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 8 1. Wetland Impacts Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** indicate on ma (acres) (es/no linear feet 1 Earthen fill 0.009 yes 427 LF min. Forested wetland 2 Earthen fill 0.091 yes 328 LF min Forested wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema. ROV. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 0.8298 acres Total area of wetland impact proposed: 0.10 acres 2. Stream Impacts, including all intermittent and perennial streams N/A Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact leasespecify) N/A N/A F List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., wy/w.topozone.com, wwkv.maoquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number Type of Impact* Area of Impact Name of Waterbody Type of Waterbody (lake pond estuary sound indicate on ma acres (if applicable) , , , , bay, ocean, etc. 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 Page 4 of 8 If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands . ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The requested fill area is the minimum required to allow for septic system and home construction to meet county health regulations for the proposed three bedroom residence The house will be built within that fill requested for the septic system VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. 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 Page 5 of 8 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/stmimide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mr. Hennessy will make payment to the NCEEP for 0.25 acres of wetland mitigation at a ration exceeding the 2:1 ratio required. This payment shall be received by NCEEP prior to fill activities 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 i r s available as an option. For additional information regarding the application process fo ?CWRP he NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wm,index.htm. If use of -e is proposed, please check the appropriate box on page three and provide the followtniz information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): 0.25 acres Amourit of Coastal wetland mitigation requested (acres): N/A IX. Environment1 Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) land? 1, Yes ? No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (N.EPA/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. Page 6 of 8 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify M/A )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Existing-NONE The final project will fall far below 30% impervious coverage for the parcel (7.8 0/o imp) Page 7 of 8 XII. Sewage Disposal (DWQ Only) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. On site septic system will be constructed for the residence 3 bedroom conventional system XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X 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). None known / X?Z Applicant/Agent's Signature ate (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 I w NJ ? , s• ! 2 ?Y s ? Y ' ty ., y t fi'r' ? '? ? ! ' ° ,?, t t . , r a, ; ... ? ?, y? ?' I a.yl SI k,•i R'? ' ? ?i J? i Z a + ' 1 15 N36 r It 7. Jill $ 11 ` f( 17 a a'1 • a RO SITE "g" y` ,, T T ", . a All,`,`F- N36°-0:15' 1, LAW; ' rk ? ay y q ki ??? m * , R? . ?p x 4Y.rt y' ?' 3-D TopoQuads Copyright 0 1999 DeLorme Yarmouth, ME 04096 Source Data: USGS {400 ft Scale:1:10,400 Detail:14-3 Datum: NAD27 U.S.D.I. WRIGHT BROTHERS NATIONAL MEMORIAL 519.11' $ ;r? IRF IRF Cr C1 \?IE N Q.IE.S IRF e5l 10 C2 F IR F -PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE(9'XSUBJECT TO CHANGE BY F.E.M.A.) -AREA -LOT 2- 52,191 sq.ft.(000RD) EX. UPLANDS = 16044 SQ. FT. 6342 SF NOT USUABLE DUE TO POP.ERLINE EASEMENT PROPOSED FILL = 4,345 SQ. FT. -MIN. BUILDING LINES PER RECORDED PLAT -DARE CO. PIN# - 9884(17) 11 7272 -THIS PROPERTY IS LOCATED IN AN I UNINCORPORATED PORTION OF DARE COUNTY -PROPERTY OWNER MR. PATRICK J. HENNESSY PO BOX 547 ' COROLLA, NC 27927 ` -PROPOSED WETLAND FILL j -PROPOSED SEPTIC 3 BEDROOMS X 120 G.P.D. = 360 G.P.D. LTAR = 0.5 360 G.P.D. / LTAR 0.5 -- 720 SQ. FT. 720 / 3' WID E TRENCH BOTTOM = 240 L.F. (4) 60 L.F. LI NES PROPOSED = 240 L.F. SEPTIC SYSTEM SH OWN FOR REFE RENCE PURPOSES rONLY. DESIGN AND ENGINEERING BY OTHERS. -PROPOSED COVERAGE HOUSE AND GARAGE = 1,68 0 SQ. FT. PROPOSED DRIVE = 2,407 S Q. FT. -REMAINING WETLANDS 31,802 SF I GRAPHI C SCALE 0 30 60 120 1 inch = 60 ft. WETLAND LINE TABLE 118-10B S58'17'41 "W 46.89' I i i l 1 1E-2E N65'01'00"E 20.22' i I J CURVE TABLE I i LINE DIRECTION DISTANCE IR-11B N16'47'57"W 10.54' 106-98 S28'32 41 'E 20.03' 9B-8B S79'56'03"W 15.04' 88-7.18 N88'37 53"W 20.67' 7.1B-7B N26'09'05"W 50.75' 7B-68 571'50'05"W 16.51' 66-58 S88'30 33"W 32.16' 5B-4B S73'59'58"W 18.55 4B-3B S79'49'44"W 39.34' 3131-28 N01'00'52"E 34.79 IR-1E S32'56'02"W 59.60 2E-3E N12'25 48"E 18.76' 3E-4E N42'11'53 "W 17.29' 4E-5E N82'27 00"VW 19.69 5E-6E S45'25'08"W 34.41' 6E -1E S61'27'13"E 37.88' 5N? UNINCORPORATED DARE COUNTY BOUNDARY LINE iOWEK''"' / P OwSR ?C ? C 5 ? o -:3-_._._ n I P L277 9/85 395 SF WETLAND FILL SITE N TS 9 ? KITTY HAWK BAY VICINITY MAP Ilk ?,• SEPTIC'. AREA .? 3950 SF WETLAND FILL • :•::•:Otd PIL: ? ? 1 ;. . ? •'`"'•4•" 31,802 SF REMAINING WETLANDS W W ` \ .Y W W W W WE?'LAtdD EINEW TYP. + W W W W '- ??. W W W WO? W W W W W W Q? W ? W W W ,may' W/ W f? W W ?i W W W `' W W W? W /W W /.Y W W ? W `?/ W Q W `YW •Y / •Y W / 1IJ W 4 Lt/ANCS W ?T l NE' W / i411L W 1 W IL W IRF W ! W W Y' \ W W W W W W W ? `NIIi W WIIJ W W '??W W v . ? t`105 W ?. .I W ? •? UPLAND •W ?• O W W?` W W W W V ?? IIt[ W `J. W .Y V L ?O W W ? W 11I1tW /?V? W SII?W G ?l / W W O W • •? W J. W W ? ?1. W W 4 W W W? W LL W •i! W W W W W W .r1•N,IIi W W W W ?_? W W W W W ? V ? W W W W W W ?? OPEN AtAR3H W,Irf W •L W W W W W W W W W W W 111, ,Y ..v-I[.Y W '•"._i' .y? y' III W W W W W W W W W? W W W W W ?J. W W W •Y •Y L W W a?ls W W LL W W W \ W W W Vv W W '' II W fly i. W W W FIY_GEND Q IRON ROD/PIPE O CONC. MON. Q PK NAIL -7? , unL. POLE `..'' UTILS. PED. ? WATER METER CURVE RADIUS LENGTH CHORD BEARING C1 341.55 92.10' 91.82 N19'45 49'W C2 391.55' 91.79' 91.58' S20'51 29'E C3 391.55 17.21 17.21 S28'49 59'E C4 1286.03' 73.64' 73.63 S28'26 53"E C5 1336.03' 75.33 75.32 N28'28 23' W C6 341.55 15.52' 15.52 TOWN OF KILL DEVIL HILLS/ N28'47'25"W SHORELOINE I ENVIRONMENTAL PROFESSIONALS, INC. j Planning for a Better Environment 2810 N. CROATAN HIGHWAY ??'•?? P.O. BOX 3368 KILL DEVIL HILLS, NC 27948 (252)441-0239 'I (252)441-0721 (FAX) t PAT HENNESSY i NATIONWIDE X18 APPLICATION KILL DEVIL HILLS OUTSIDE / UNINCORPORATED DARE COUNTY ? ATLANTIC TOWNSHIP DARE COUNTY NORTH CAROLINA I SCALE: 1"=60' DATE: 01/22/05 DRAWN BY: KT REVIEWED BY. PH JOB #:03-247-FS NOT FOR CONSTRUCTION--FOR PERMITTING PURPOSES ONLY ' C ••. IRF V Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 23, 2004 DWQ Project # 04-1042 Dare County Patrick Hennessy P.O. Box 547 Corolla, NC, 27927 Subject Property: WA?FR pG =i 6 nub ® `C Patrick Hennessy property Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hennessy: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.099 acres of wetlands for the purpose of residential construction at the subject property, as described within your application dated Aire 28, 2004 and in additional correspondence received by the N.C. Division of Water Qualit (DWQ) on October 20, 2004. After reviewing your application, we have decided that the impacts ar'p covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference 404/LAMA Wetlands 0.099 (acres) PCN form 401 Wetlands Certification 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.enr.state.nc.us/ncwetlands Nf` Carolina NQtmally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 1' Mr. Patrick Hennessy Page 2 of 3 November 23, 2004 2. Erosion & Sediment Control Practices 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. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur m 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. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters 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. 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/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, I Ik Mr. Patrick Hennessy Page 3 of 3 November 23, 2004 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 in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washinton Regional Office at 252-946-6481. AWKlcbk Enclosures: GC 3402 Certificate of Completion Sincerely, fi Alan W. Klimek, P.E. cc: Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948 USACE Washington Regulatory Field Office ` DWQ Washinton Regional Office DLR Washington Regional Office File Copy Central Files Filename: 041042Hennessy(Dare)401 AT10i NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary December 8, 2004 Kendall Turnage Environmental Professionals, Inc. P. O. Box 368 Kill Devil Hills NC 27948 Re: DWQ ID Number 041042, Nationwide Permit Application for a wetland fill activity by Patrick Hennessy in Dare County Dear Mr. Turnage: On December 7, 2004, the North Carolina Division of Coastal Management received your application, dated June 23, 2004, for a U.S. Army Corps of Engineers Nationwide Permit, pursuant to Section 307 of the Coastal Zone Management Act of 1972, as amended. Based upon our review, we have determined that the proposed activity is consistent with the North Carolina Coastal Management Program subject to the following conditions: 1. The activity described in your application is for the issuance of a U.S. Army Corps of Engineers Nationwide Permit, Number 18, under 33 CFR Part 330. Any modification of your proposed activity, or change in the Nationwide Permit Number that you are seeking, will require an additional review for consistency by this office. 2. Since the activity that you propose involves impacts to waters and/or wetlands, a 401 Water Quality Certification must be obtained from the North Carolina Division of Water Quality, which our records indicate you have already received. Please understand that this letter does not relieve you of the responsibility to ensure that all other applicable State authorizations and/or permit requirements are met prior to implementation of the project. Please feel free to contact me at (252) 264 3901 if you have any questions or need further assistance. Sincerely, ed S pson District Manager TS/yc Q?c??oe?? DEC 1 3 2004 DENR - WATER QUAL Ty WETLANDS AND STORMWATER BRANCH cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City Stephen Rynas, Federal Consistency Coordinator, NC DCM, Morehead City Wilmington District Engineers; ATTN: CESAW-CO-E, US Army Corps of Engineers John Dorney, Water Quality Section, NC Division of Water Quality, Raleigh 1367 U.S.17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer -- 30% Recycled by Fiber Weight ENVIRONMENTAL PROFESSIONALS INC. PLANNING FOR August 5, 2004 A BETTER ENVIRONMENT NC Division of Water Quality 401 Wetlands Certification Unit John Domey 1650 Mail Service Center Raleigh, NC 27699-1650 Re: NCDWQ # 04-1042 Patrick Hennessy, Nationwide #18 Application Dear Mr. Dorney, In response to your letter dated July 7, 2004 we are providing the following information. AUG 0 6 2004 Dare Co. Health Dept: We have requested a written response from the Dare County Health Department, but as of this writing have not received their letter. We will forward the letter from the Dare County Health Department as soon as we receive the letter. Avoidance: The adjacent portion of Lot #I is separated from the main part of this lot and may not be utilized for septic because of the Bay Drive Right of Way, asphalt road surface and underground utilities (Water lines) which separate the two parcels. Also a power line maintenance easement exists on this eastern portion of the lot and prevents any activity that may inhibit maintenance of the overhead power lines. Please do not hesitate to call us if you have any questions. Sincerely, Kendall Turnage Environmental Professionals, Inc. P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 • 252-441-0239 FAX: 252-441-0721 9 EMAIL: environmental pro®earthIink.net ENVIRONMENTAL-PRO .ESSIONALS, INC. Planning For AS t a r Environment ?. P.O. `Box -368 CAROLINA 48 i KILL DEVIL HILLS, NOR;.0721 >(252).44239 FAX (252) TO V C- b (/iJ ?- ? 5? Q r C' SC Y V r'c if,- CGVC ?" R o_ e- It ti 76 9 9- /6'Sa ? Shop drawings ? Prints ? Plans ? Samples ? Specifications ? Copy of letter ? Change order ? COPIES DATE NO. DESCRIPTION rreCf?GC It AAL& ??1A 6 20 rl /o L>2 DATE - ? -0 JOBoNO. ?-a ATTENTION U Klti O?r2L. RE: ><i??c htPK07 r-$-,<L 0.-FI 1d K ? t / ? / d 'tC+7? ?? WE ARE SENDING YOU ? Attached ? Under separate cover via the following items: THESE ARE TRANSMITTED as checked below: ? For approval ? Approved as submitted ? Resubmit copies for approval ? For your use 0 Approved as noted ? Submit copies for distribution ? As requested ? Returned for corrections ? Return corrected prints ? For review and comment ? ? FORBIDS DUE ? PRINTS RETURNED AFTER LOAN TO US REMARKS Lt : y ?'sr°o P1 l/L.ez 121 d Geg rre GfeG? B 40?r -"S ",It c a rre e-7 A R E?T S?6?i y?'s.'e k /5' COPY TO SIGNED: M enclosures are not as noted, kindly notify us at once. III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 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: Patrick Hennessy 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9864-17-11-7351 4. Location. County: Dare Town: Kill Devil Hills, Outside Subdivision name (include phase/lot number): Pine Grove Directions to site (include road numbers, landmarks, etc.): Traveling on US 158 turn west onto 1st St Turn south onto Bay drive, site is 100 yards north of dead End of Bay Drive on the west side of the road 5. Site coordinates, if available (UTM or Lat/Long): N 36d 1' 0" W 75d 40'46" (Note - If project is linear, such as a road -or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Vacant partially cleared 7. Property size (acres): 49 454 SF 1.135 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Kitty Hawk Bay 9. River Basin: Pas uotank (Note - this must be one of North Carolina's seventeen designated major river basins. The ans/.) River Basin map is available at http://h2o.enr.state.nc.us/admin/m Page 2 of 8 1x;8/05/2004 11:49 2524410721 ENVIRONMENTAL PROFES PAGE 01 P.O. BOX 3368 KILL DEVIL HILLS, NC 2784S TELE: 252.441-0238 PAX: 252-441.0721 EMAIL: ENVIRONMENTALPRO@EARTHLINK.NET Environmental Prof;,ssianals, Inc. WETLANDS/ 401 CROUP AUG U 5 2004 WATER QLJAUTY SEC` ION ' To: o 1, ? Q o'rm e./ -- Frown heir g Fam / 7 -3-3 - G 9 Pawl Phone: Daum G1 P-0; MC b OQ CCa ? Urgent Cl For Ravlaw ? Please Com:nont ? Pk aso Reply ? Please lRroyYale c6py f?speH5e r qq ; ac " f"Cr b ?'a r v? rain, J j, 1Y.5 /tea ` l AUG-5-2004 THU 10:21 TEL:9197336893 NAME:DWO-WETLANDS P. 1 or , *8/05/2004 11:49 2524410721 E PUFER,IQNA NVINNMENTJ? Cl- PLANNING FOR August 5, 2004 A BETTER ENviRQNMENT NC Division of Water Quality 401 Wetlands Certification Uuit John Dorney 1650 Mail Service Center Raleigh, NC 27699-1650 ENVIRONMENTAL PROFES Re: NCDWQ # 04-1042 Patrick Hennessy, Nationwide 018 Application Dear Mr. Dorney, In response to your letter dated July 7, 2004 we are providing the following information. Dare Co. Health Dept: We have requested a written response from the Dare County Health Department, but as of this 1 not received their letter. We will forward the letter from the Dare County Health Department ai receive the letter. Avoidance: PAGE 02 rriting have soon as we The adjacent portion of Lot #1 is separated from the main part of this lot and may not be utili for septic because of the Day Drive Right of Way, asphalt road surface and underground utilities (Water es) which separate the two parcels. Also a power line maintenance easement exists on this eastern portion f the lot and prevents any activity that may inhibit maintenance of the overhead power lines. Please do not hesitate to call us if you have any questions. Sincerely, Kendall Turnage Environmental Professionals, Inc. P.Q. BOX 3368 + KILL DEVIL HILLS, NORTH CAROLINA 27948-336 FAX: 252-441-0721 • EMAIL: environmental pro0earthIi AUG-5-2004 THU 10:21 TEL:9197336893 NAME:DWO-WETLANDS • 252-441-0239 k_net P. 2 OtO? W AT ?qQG M-?2=5'2 --I Michael F. Easley, Governor. William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Coleen H. Sullins, Deputy Director Division of Water Quality July 7, 2004 DWQ Project # 04-1042 Dare County Page 1 of 2 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Patrick Hennessy Post Office Box 547 Corolla, NC 27927 Subject Property: Deerfield Woods Subdivision, Lot# 1 on Bay Drive REQUEST FOR MORE INFORMATION Dear Mr. Hennessy: On June 28, 2004, the Division of Water Quality (DWQ) received your application dated June 23, 2004 to impact 0.099 acres of wetlands to construct the proposed residential/vacation residence. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive 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. Avoidance This Office believes that the site design can be reconfigured to avoid the impacts to the wetlands. Please revise the plans to avoid the impacts. DWQ recommends utilizing adjacent portion of Lot 1 for septic area and placement of driveway and house in uplands. 2. Dare County Health Department Please provide confirmation from Dare County Health Department that they will allow septic area adjacent to filled wetlands. Please respond within three weeks of the date of this letter by sending this information to me in writing and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you ,owN. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Patrick Hennessy Page 2 of 2 July 7, 2004 µ 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. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, fVOD ey,tlan 14 1 Unit JRD/bs cc: Tom Steffens, DWQ Washington Regional Office., USACE Washington Regulatory Field Office File Copy Central Files Kendall Turnage Environmental Professionals P. O. Box 3368 Kill Devil Hills, NC 27948 Filename: 04-1042 - Patrick Hennessy (Dare) On Hold ENVIRONMENTAL PROF Planning For A Bette P.O. Box 3 KILL DEVIL HILLS, NORO (2521 441.1 SSIONALS, INC. Environment CAROLINA 27948 )239 ()-j o 4 2 ¦ M ?f?V?? .01/791 TO _//01 e F /c? k d s L? yr I/ C P ! N , j?, o Vl - o-9 ?J0.-i[ r 2a1??? ?. /V a 7 ??- A?S-d DATE 6 31e JOB NO. o3--2117 T ATTE ON ?d1T?c 0ornP ? RE: /fJ G?-Fi OKC-J?e $ l0 I? u't-"OI 141,2 Paf-ri cNf'IPSS ? WE ARE SENDING YOU Attached ? Under separate cover via the following items: ? Shop drawings ? Prints ? Plans ? Samples ? Specifications ? Copy of letter ? Change order ? COPIES DATE NO. DESCRIPTION 7 /Uc.I %os?wlrle ?B ct /: ckf??etis 1 Ghec(c a //cA1541k a0.0,00 . WETLANDS JUN 2 8 200 I THESE ARE TRANSMITTED as checked below: I<For approval ? For your use ? As requested For review and comment ? FORBIDS DUE REMARKS ? Approved as submitted ? Approved as noted - ? Returned for corrections ? ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints ? PRINTS RETURNED AFTER LOAN TO US ,, m Arn COPY TO ? SIGNED: , l If enclosures are not as noted, kindly notify us at once. Office Use Only: USACE Action ID No. Form Version October 2001 DWQ No. 041042 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 WETLANDS/401 GROUP 1. Check all of the approval(s) requested for this project: JUN 2 6 2004 X Section 404 Permit WATER El Section 10 Permit QUALITY SECTION X 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII -Mitigation), check here: ®*** * * * Conservation Easement to NCEEP H. Applicant Information Owner/Applicant Information Name: Patrick Hennessy Mailing Address: PO Box 547 Corolla NC 27927 Telephone Number: 252-453-2703 Fax Number: see agent E-mail Address: see agent 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kendall Turnage Company Affiliation: Environmental Professionals Inc. Mailing Address: PO Box 3368 Kill Devil Hills NC 27948 Telephone Number: 252-441-0239 Fax Number: 252-441-0721 E-mail Address: environmentalnroAearthlink net Page 1 of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 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: Patrick Hennessy 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 9864-17-11-7351 4. Location County: Dare Town: Kill Devil Hills. Outside Subdivision name (include phase/lot number): Deerfield Woods Directions to site (include road numbers, landmarks, etc.):- Traveling on US 158 turn west onto 1 st St.. Turn south onto Bay drive site is 100 yards north of dead End of Bay Drive on the west side of the road 5. Site coordinates, if available (UTM or Lat/Long): N 36d 1' 0" W 75d 40'46" (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Vacant, partially cleared 7. Property size (acres): _ 49,454 SF 1.135 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Kitty Hawk Bay 9. River Basin: Pasauotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps .) Page 2 of 8 10. Describe the purpose of the proposed work: to allow for the proposed septic system and home to meet required setbacks from wetlands 12er count and state health codes. 11. List the type of equipment to be used to construct the project:dump truck front end loader 12. Describe the land use in the vicinity of this project: Residential Vacation 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. Wetland Jurisdictional determination and delineation USACE sign off b William Wescott 5/11/2004 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: A CAMA permit may be requested for a nier/boardwalk No further requests are planned or e_pected for this aarcel. Remammiz wetlands to be placed under a conservation easement to NCEEP. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 8 1. Wetland Impacts Wetland Impact Site Number (indicate on ma Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** ( es/no) Distance to Nearest Stream feet Type of Wetland*** 1 fill 0.099 yes 280 LF min, forested wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httv://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: .683 acres Total area of wetland impact proposed: 0.099 acres 2. Stream Impacts, including all intermittent and perennial streams N/A Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? indicate on ma linear feet Before Impact (please s ec' N/A N/A • T.ict aarh ;--f --f-1- A :,1.-.-f:A. ---- - ----r- ""r""*•"•y - 1-uay L-11puimy uapacw. >.mpacis 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 losstgain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com, www.ma)quest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: N/A 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U. S. Open Water Impact Site Number Type of Impact* Area of Impact Name Wate Type of Waterbody l k indicate on ma (acres) p le) ( applicable) a e estuary, pond, sound, bay, ocean, etc. 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 Page 4 of 8 If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The requested fill area is the minimum required to allow for septic system and home construction to meet county health regulations for the proposed three bedroom residence VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. 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 Page 5 of 8 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 httl2://h2o.enr.state.nc.us/ncwetlands/strm-gide.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. A Conservation easement to NCEEP will be placed on 25,440 SF remaining wetlands on the property. This easement shall be executed and recorded prior to fill activities 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 htW://h2o.enr.state.nc.us/wm/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: * * * Conservation Easement to NCEEP: 25,440 SF wetlands 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): NIA 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 X 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 Hof the NEPA or SEPA final approval letter. Yes ? No Page 6 of 8 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ? No ? If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A /-one 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. N/A XI. Stormwater (DWQ Only) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Existing--NONE The _final project will fall far below 30% impervious coverage for the parcel Page 7 of 8 XH. 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 septic system will be constructed for the residence XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X 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). None known Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) D Page 8 of 8 December 11, 2003 ENYIRONEIVTALMr. Patrick Hennessy PROFESSIONALS P.o.Box s47 INC.-- PROFESSIONALS Corolla, NC 27927 PLANNING FOR A BETTER Dear Mr. Hennessy, ENVIRONMENT This letter is with reference to your property in Wright Woods, Kill Devil Hills, North Carolina and your request that Environmental Professionals, Inc. (EPI) provide a Scope of Services to assist you in the development of the tract. This Scope of Services is based on discussions with you regarding the proposed development. This scope of work will result in four general areas: 1. Preliminary Site Planning and Strategic Planning; 2. Wetland Delineation; 3. Environmental Permitting; and 4. Wetland Mitigation 1• inarv Site plannin and 4tra is Plana;.,.. Projects, which move along in a predictable and timely fashion, occur because of the project proponents ability to balance economic, design and marketing considerations. Part of these considerations are impacted by environmental regulations and permitting complications. It is often customary that EPI assist in the design to avoid unrealistic preliminary site design or advise on design alternatives which could ease the regulatory process. In order for EPI to accomplish this scope, I have provided enough time to review existing data at the site, review the conceptual plan of development with you and your architect to address environmental constraints and opportunities. Our fee for this phase of the project is 2. Wetland Det..,o,+;?„ EPI proposes to delineate the wetlands at the site utilizing the 1987 U.S. Army Corps of Engineers' Wetland Delineation Manual. We will coordinate with your surveyor to assist in location of the alignment. EPI will prepare the necessary Wetland Delineation Criteria Data Sheets for presentation to the Corps at our site visit for confirmation. In order for EPI to accomplish this Scope of Services, our fee will be4lomp 3•entalPermi Based on our understanding of the proposed development, EPI proposes to apply for a Section 404 and 401 Permit (Clean Water Act) that will include the following Scope of Services. Tasks to be performed by Environmental Professionals, Inc. (EPI) for submittal of the applications for Permits: meet with client on site to discuss project goals and to collect natural resource data necessary for environmental design; • refine the design of project to meet goals of client and provide best opportunity b for approval y resource agencies (if client's goals are unpermittable, then EPI will discuss alternatives with client): P O. R 0 X 3 gr,A . vii I rlC%/11 1111 1 r ..? .. , . _ _ . ... `. • arrange pre-application conference with resource agencies that have substantive input for type of project proposed; • identify adjacent riparian property owners to the project and prepare letter of notification to be sent certified mail, return receipt requested; • prepare the site design to be approved by client; • complete appropriate applications for submittal of approvals required for the project; These may include: 1. Coastal Stormwater Application 2. Sections 404 and 401 of the Clean Water Act Applications *This proposal does not include: - • marina water quality modeling archaeological review to satisfy Section 106 of the National Historic Preservation Act submerged aquatic vegetation survey wetland delineation (State or Federal) (See scope proposed above) surveying local zoning or unified development ordinance coordination with local government - other authorities not specifically mentioned above • obtain the appropriate support documents from the client (i.e. deed, letter authorizing EPI to act as agent for the client, etc.); • prepare and submit the appropriate application fees for the project (to be billed as a direct cost reimbursable and not included in Fee Estimate); • prepare the permit application packages and mail to the appropriate agencies; • follow up with the appropriate review agencies to promote timely decision; and • consultation with our client to review permit conditions and/or special considerations of approval. In order for us to accomplish this Scope of Services our fee will be 40?, not including permit application fees. 4. Wetland Mitigation In order for Environmental Professionals, Inc. (EPI) to negotiate a successful mitigation proposal, some preliminary work will be required to ensure that the project is properly represented. However, based on the limited information available, it is our hope that mitigation can be accomplished by: a.) contributions to an established mitigation bank; and/or b.) conservation easements on the tract. Final Disposition of Property / Permanence of Intentions EPI will provide conservation templates to your attorney for recordations of A. Conservation Easement B. Deed Restrictions and/or C. Donation to Conservation Agencies/Organizations The fee associated with this effort, which does not include application fees, survey or engineering services required during the design phase, is If during the process EPI identifies that mitigation will not be allowed, EPI will adjust the scope and fee services accordingly. This process will require approximately four months for approval. Wetland Mitigation Bank Contributions to the Wetland Restoration Fund are approximately $12,500/acre. The advantage of this approach is the lack of the requirement of mitigation monitoring and the reduction of contingent liability to ensure success of the mitigation tract. Professional fee associated with this approach is 4JIMfor EPI to assist you with the collection of support data and compliance with the Corps' permitting process (including sequencing). This process may require four months to accomplish. Payment for services rendered is due upon receipt of invoice. Interest in the amount of 18% APR will be charged on any unpaid balances effective ten days from the date of the invoice. In the event that legal action is necessary to enforce the recovery of any professional fees and interest due, client agrees to pay Environmental Professionals, Inc. the cost of any attorneys fees or court costs in addition to all other damages. If you find this Scope of Services and Fee Estimate acceptable, please sign at the bottom of this document, provide a 411lM retainer, and return one signed copy for our file so that we may commence work. Sincerely, Environmental Professionals, Inc. ii/!/,? rte H. Wood, CEP GHW:kac AUTHORIZATI ,A? 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J ?_ 1NI 10 Ad W'2i'I'd V NI 031VO01 SI )l183dMd- ?d \ --'d'W'0 S310N -AL3 awe SIN dVn z?iINIOIA AV8 XMVH AL11N r ?1 MIS AII&CI -AV dal t?? se/6 «zIS'@Od dp2j o\\ \ 3N11 )\8VONn08 AiNnOO 3dV0 031VWddOONINn /SIIIH IIA30 111>1 d0 NMOl 90 o b Jill dal S?. ?O C ld'bsl8Z'L ?? L 101 JO NOLLdOd 2 T dd 6: 8\ IVINOW3W IVNOIIVN Sd3HlON8 1H0PJM .I.Q.S.n DWQ# V ` IP Plan Detail Incomplete ? Date x / Who Reviewed: iS ? 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 GC ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwater outfalls on the site plan. ? Please indicate the diffuse 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. N1 This Office believes that the I?ld Yw?tl?e eMF" rreconfigured to avoid t] a impacts to the W e- }Iat)33Please revise the plans to avoid th im acts. V W6? r2? o mm e-VLj I t b 1;7JnJ Gia ' c? v7 f 10 01- J,0kA 4? ?a t fOf S?E;G aPP.GZ 9QCem.?'!4-p? dl'i veway !r /jous? i.-- u? El This Office believes that the labeled the plans as can be moved or reconfigured 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 diffuse flow through the buffer because Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management actices that remove nutrients before the stormwater can be discharged through the buffer. h O t_ ?lPase mvicle Gon;i1-mo,-iovi Trvm -Dcer?Co. {??rt 1-? Wer -- ? 11ed ??+Ia?-,?s. 411A1_ --hey Wi II at)",d SeP???ctf? adJczcer) }- +o ? The application fee was insufficient because over 150 feet of stream and/or over I acre of wetland 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. ? Please provide Mitigation copies of the application, copies of the site plans and other supporting information. ? 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.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project. ? W A TF Michael F. Easley, Governor. O -1 QG William G. Ross Jr., Secretary 7 North Carolina Department of Environment and Natural Resources 7 t- '? Alan W. Klimek, P. E. Director C l H S lli D Di 1 cc) o een . u ns, eputy rector - = . Division of Water Quality July 7, 2004 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Patrick Hennessy Post Office Box 547 Corolla, NC 27927 DWQ Project # 04-1042 Dare County Page 1 of 2 Subject Property: Deerfield Woods Subdivision, Lot# 1 on Bay Drive REQUEST FOR MORE INFORMATION Dear Mr. Hennessy: On June 28, 2004, the Division of Water Quality (DWQ) received your application dated June 23, 2004 to impact 0.099 acres of wetlands to construct the proposed residential/vacation residence. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive 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. Avoidance This Office believes that the site design can be reconfigured to avoid the impacts to the wetlands. Please revise the plans to avoid the impacts. DWQ recommends utilizing adjacent portion of Lot 1 for septic area and placement of driveway and house in uplands. 2. Dare County Health Department Please provide confirmation from Dare County Health Department that they will allow septic area adjacent to filled wetlands. Please respond within three weeks of the date of this letter by sending this information to me in writing and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you NCDENR N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Patrick Hennessy Page 2 of 2 July 7, 2004 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. John Dorney at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, foDome, etlan / 4 1 Unit JRD/bs cc: Tom Steffens, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Kendall Turnage Environmental Professionals P. O. Box 3368 Kill Devil Hills, NC 27948 Filename: 04-1042 - Patrick Hennessy (Dare) On Hold ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on. the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Patrick Hennessy Post Office Box 547 Corolla, NC 27927 DWQ# 04-1042 - Dare 2. Article Number (Transfer from service labeq A. Signature X ? Agent ? Addressef B. Received by (Printed Narne) C. Date of Deliver D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type IR, Certified Mail ? Express Mail ? Registered 20etum Receipt for. Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7004 0750 0003 3326 7050 Return Receipt 10259& UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please printiyour name, address, and ZIP+4 in this box • NC DENR Division of Water Quality Wetlands/401 Certification Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604