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HomeMy WebLinkAbout20050129 Ver 1_Complete File_20050124W A T ?R?G ? QAAW,AY :btichacl F. Easley. Guvcmor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources March 24, 2005 Sue and Steve Green C/O 13D&A 821 Ocean Trail - Suite 4 Corolla, NC, 27927 Subject Property: Lot 57, Monteray Shores Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. and Mr. Green: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-0129 Currituck County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.0348 acres of wetlands for the purpose of residential construction at the subject property, as described within your application dated January 17, 2005 and received by the N.C. Division of Water Quality (DWQ) on January 24, 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 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/CAMA Wetlands 0.0348 (acres) PCN form 401 Oversght'Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o enr,state.nc.us/nr,,vetl.-in(;s N arolina o `thC ?1?allrrally Sue and Steve Green Page 2 of 3 March 24, 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 lvfanual. 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 lVanual. 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 jVining jVfanual. 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, Sue and Steve Green Page 3 of 3 March 24, 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, r Alan W. Klimek, P.E. AWK/cbk Enclosures: GC 3402 Certificate of Completion cc: Kent Priestley, 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: 050129Green(Currituck)401 ENVIRONMENTAL PROFESSIONALS, INC. Planning For A Better Environment P.O. Box 3368 KILL DEVIL HILLS, NORTH CAROLINA 27948 (252) 441-0239 FAX (252) 441-0721 TO WE ARE SENDING YOU ? Under separate cover via _ ? Shop drawings ? Prints ? Plans ? Copy of letter El Change order El DATE / 1 ! o V JOR NO.??`?? ?_ „J ATTENTIo RE: f ti? the following items: ? Samples ? Specifications COPIES DATE NO. DESCRIPTION 7L l ?c ?i w, w, ?,? ? Q c..vu? , o ? ?..?-?i e-?-, - o o uc,/,P s,' 7 4ELL IAN .o THESE ARE TRANSMITTED as checked below: For approval ? For your use [I As requested El For review and comment El FORBIDS DUE REMARKS ? Resubmit copies for approval El Submit copies for distribution ? Return corrected prints ? PRINTS RETURNED AFTER LOAN TO US &ts COPY TO SIGNED: It enclosures aro not as noted, kindly notify us at once. /Attached J ? Approved as submitted ? Approved as noted ? Returned for corrections ? Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 418 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: II. Applicant Information 1. Owner/Applicant Information Name: Sue and Steve Green Mailing Address: c/o BD&A 821 Ocean Trail - Suite 4 Corolla, NC 27927 Telephone Number: 252-453-3600 Fax Number: contact agent E-mail Address: contact 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: Kent Priestley 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: environmentalpropearthlink.net Pagel of 8 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger t lean 11 b y 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: Sue and Steve Green property Lot 57, Monteray Shores 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 115000000570000 4. Location County: Currituck Nearest Town: Corolla Subdivision name (include phase/lot number): Monteray Shores Directions to site (include road numbers, landmarks, etc.): Traveling north on NC 12 from Monteray Plaza turn left onto Monteray Drive, then left main on Sea Ridge Dr. 5. Site coordinates, if available (UTM or Lat/Long): N 36°20.26' W 75°49.34' (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. 7. Property size (acres): .41 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Currituck Sound 9. River Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://l12o.enr.state.nc.us/adniin/maps/.) Page 2 of 8 10. Describe the purpose of the proposed work: To permit construction of a pool and deck area and side slopes within required setbacks. 11. List the type of equipment to be used to construct the project: dump trick, 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 delineation from recorded plat of subdivision. No fill requests have been placed for this lot in previous years 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: None expected 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 in ap, w nether o r n of i mpacts a re p roposed t o t hese s ystems. W etland 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 Wetland Impact Type of Impact* Area of Located within Distance to Page 3 of 8 Site Number indicate on ma Impact acres 100-year Floodplain** es/no Nearest Stream linear feet Type of Wetland*** 1 Earthen fill 0.0348 Yes 350 Forested wetland * List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: mechanized clearing, grading, till, 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 FEMA-approved local floodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.i?ov. *** 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: 0.228 ac. (9,942 sq. Total area of wetland impact proposed: 0.0348 ac. (1,519 sq. ft.) 2. Stream Impacts, including all intermittent and perennial streams NONE Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? (please secif NONE NONE * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: NONE 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name of Waterbod y Type of Waterbody Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, indicate on ma acres bay, ocean, etc. NONE NONE 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. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Page 4 of 8 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): 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: Expected pond surface area: 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. Applicant is requesting fill area to allow construction of pool and deck area, and side slopes for area. 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 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://l12o.enr.state.nc.us/ncwetlands/strm.gide.htm1. Page 5 of 8 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 remaining wetlands will not meet the required 10:1 ratio for conservation/preservation mitigation Applicant may choose to make in lieu payment to N.C. Ecosystem Enhancement Pro rq am prior to start of construction. 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 b e n otified e arly i n t he 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://12o.enr.state.iic.iis/M/iiidex.litm. 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 (acre): to be determined Amount of Coastal wetland mitigation requested (acres): N/A VIII. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/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 IX. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only) Page 6 of 8 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 )? Yes ? No ® If you answered "yes", provide the following information: Identify t lie s quare f eet and acreage o f i mpact t o e ach z one o f t he riparian b uffers. I f buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet Multiplier Required Mitigation 1 3 2 1.5 Total * 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 X. 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. Proposed total impervious area resulting from improvements to the site is 4854 square feet, or . .271 percent of the total acreage. Impervious area will be less than the allowed 35 percent of total acreage, so project meets coastal low density development requirements. XI. Sewage Disposal (DWQ Only) Page 7 of 8 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. Site is served by central wastewater treatment plant serving Monteray Shores subdivision. XII. 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 XIII. 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). Applicant/Agent's Signature" U J Oates (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 2524533922 BDSAADMIN FROM :GREEN 2524533922 9D8AADMIN FAX NO. :757-599-6087 FAX NO. :252 441 0721 09:55:06 a.m. 01-12-2005 Jan. 12 2005 06:5%V P2 11.41:31 a in. 01.11.2005 «< Jan. M 2805 03:59PH P2 I authorize Lnvirum mtal Professionals, Inc. to act as my agent for the purpom of obtaining ft necessary fill pcmm is for my property, Lot 57 within the Monteray Shores subdivision. 212 -1-11 14T--- %. D ' N N 0 w m ea bSvSLM C1 CJ ZS?SL/N ? l! 1? -IV ? <-i pV -. _- OS?SLM y a ? a 9b+SLM 9t-.SLM N w O O N 0 58 LOT 56 _ -OArroo*" .!BITE PLAN WOM MONEEITE gNORES SCALE= III w 5o1..011 CURRITUCK COUNTY _ LOT SIZE 1l'w SP ALLOWED LOT COVEKAGEi (35x) 6265 Sf F1ouse t244 6F PAlO M 165s OF PEI"ABLE DECKS am Sr POOL 1 DECK 1147 SF BD&jh? OCEAN TRAIL, SUITE ' 4 COROLLA, NC 2192 /1 -A F IN REPLY REFER TO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. Box 1890 Wilmington, North Carolina 28402-1890 February 11, 2005 bS-01 9 q Regulatory Division Action ID No. 200510526 Ijrz? Q Mr. and Mrs. Steve and Sue Green FEB 2 5 2005 821 Ocean Trail, Suite 4 DENR -WATER QUALITY Corolla, North Carolina 27927 VIE",, DS AND STORIkNATER BRANCH Dear Mr. and Mrs. Green: Reference your application for Department of the Army (DA) authorization to place fill material in 1,519 square feet of Section 404 jurisdictional wetlands for the purpose of constructing a swimming pool on your property located at Lot 57, on Sea Ridge Drive in the Monterey Shores development, adjacent to Currituck Sound, in Corolla, Currituck County, North Carolina. On February 6, 1990, the DA and the U.S. Environmental Protection Agency signed a memorandum of agreement (MOA) establishing procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practicable alternative; second, taking appropriate and practicable steps to reduce impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the maximum practicable extent. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. b. It is necessary for you to have taken all appropriate and practicable steps to reduce wetland losses. Please indicate all that you have done, especially regarding modification of plans and proposed construction techniques, to reduce adverse impacts. c. The MOA requires that appropriate and practicable compensatory mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practicable minimization has been employed. Please show your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practicable measures. This information is essential to our expeditious processing of your application and it should be forwarded to us by March 11, 2005. A copy of this information must also be sent to the North Carolina Division of Water Quality to enable them to adequately evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean Water Act. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. William Wescott, at the Washington Regulatory Field Office, telephone (252) 975-1616, extension 25. Sincerely, --? a-lk David M. Lekson. P.W.S. Chief, Washington Regulatory Field Office Copies Furnished: Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 2 Triage Check List Date: Z Project Name: To: ? ARO Kevin Barnett ? FRO Ken Averitte ? MRO Alan Johnson ? RRO Mike Horan C DWQ#: OS O 1 Z3 County: w y y ck ?<WaRO Tom Steffens and Kyle Barnes ? WiRO Noelle Lutheran ? WSRO Daryl Lamb From: Telephone : (919) 7 -3 3 - 95ciZ The file attached is being forwarded to dour for your evaluation. Please call if you need asst}stance. 1, . ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps XMinimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: UNSM_e t"A?k k6k4JR?u I-,, Lcl"W.