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HomeMy WebLinkAbout20050373 Ver 1_Complete File_20050225 401 COllUnents Subject: 401 comments From: Tom Steffens <Tom.Steffens@ncmaiLnet> Date: Sat, 09 Apr 2005 14:59:02 -0400 To: Cyndi Karoly <cyndi.karoly@ncmaiLnet> CC: Lauric Dermison <laurie.j.dennison@ncmaiLnet>, Debbie Edwards <debbie.edwards@ncmaiLnet> Residents of C/O: find below comments for 401 projs entered in fp5. 05-0315 Adam Jakob 9-Apr nw18 28-Feb Issue n/c 05-0318 Frank Jakob 9-Apr nw18 28-Feb Issue n/c 05-0316 Rhonda Midgette 9-Apr nw 18/14 28-Feb Issue n/c 05-0373 Karen Roberts 9-Apr nw18 8-Mar Issue n/c 05-0348 Amy Srail 9-Apr nw18 8-Mar Issue n/c 05-0555 Eagle Trace 9-Apr dcmaj/mod 3D-Mar HOLD- applicant indicates sewage pumpout but has no facitilites on the ground to handle sewage. Applicant need to provide valid septic permit for site indicating available location. Shading of significant areas of SAV will occur w/ this project. SAV survey may be needed to assess full impacts. SA waters 05-0429 Bramble East 9-Apr nw14 18-!1ar isuue n/c 05-0430 Carlysle on the sound 9-Apr nw14 18-Mar Issue n/c 05-0431 Bramble west 9-Apr nw14 19-Mar Issue n/c 05-0309 Stephen Horvath 9-Apr dcm 18-Feb Issue n/c 05-0305 39/iso Issue 05-0317 Issue Builders discount center / john and donnamercer 28-Feb w/ isolated permit, strm h20 ok Bretn Nultemeier 28-Feb nw18 28-Feb n/c 25-Mar nw 05-0522 Issue 05-0401 Issue 05-0538 Issue Pamptecough Shores Co nc Mike Coward/Larkin Little n/c The Cooperage 9-Apr n/c 9-Apr dcm 24-Mar 9-Apr dcm 14-Mar dcm maj 18-Mar 05-0421 Ronald A. Pettit 9-Apr dcm 8-Mar HOLD- Applicant needs to provide water depths and more detail of adjacent OPEN SA waters. Must provide assurances that future maintenance dredging deeper than existing 2'depth near new boat ramp will be sought. 05-0461 William Krimmel III 9-Apr dcm 10-Mar HOLD- USACE confirmation of 404 line needs to be provided 10f2 4/11/2005 7:32 AM '" 401 conU11ents 05-0457 Bayview Townhomes (05-0522 same project) Issue nlc 9-Apr dcm 5-Apr questions or comments? call or write isn't saturday a great day to get stuff done? so much w/so little distraction... 20f2 4/11/2005 7:32 AM DS "- OJ ~ 10 USGS Qoad: C'lOe lIaltem, 0 ~ ~ GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION I/' u.s. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ) Action ill. 200510742 County: Dare Propcrty Owner / Authorizcd Agent: Karen L. Robert Address: Post Office Box 216 Hatteras. North Carolina 27943 Telephone No.: 252-986-1560 Size and location ofpropcrty (watcr body, road name/number, town, etc.): Property contains 1.97 acres located on the west side of Cardinal Street. adiacent to a canal that connects to Pamlico Sound. Frisco. Dare County. North Carolina. PIN # 050620907704. Description of projects area and activity: Fill 0.1 O-acre of Section 404 iurisdictional wetlands for septic scthacl. and parkin!!. Applicable Law: ~ Section 404 (Clean Water Act, 33 USC 1344) o Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional Geneml Permit Number: _ Nationwide Permit Number: 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. l1lis verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, tlle nationwide permit autllOrization is reissued and/or modified, this verification wiII remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply witll the terms and conditions of tlle nationwide pennit, activities which have commenced (Le., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 40 I requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact tlle N.C. Division of Coastal Management in Elizabetll City, NC, at (252) 264-390 I. l1lis Department oftlle Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. Iftllere are any questions regarding this verification, any of the conditions ofthe Permit, or the Corps of Engineers regulatory program, please contact William Wescott at 252-975-1616 ext. 25. Corps Regulatory Official w&o~ ~ r. uJS, Date: 04/07/2005 Expiration Date of Verification: 03/18/2007 Page 1 of2 ffI&@&DW&@ APR 1 1 2005 " Dc/,'~ j:l:l1 ;"''I'l~ll'.I'/1'h- "'lJiil..,JA.' '<t/eR Q . .'DsTo,":>/ UALI'nJ "'~l'ATERc.' , ;<<l''CH ( ~_'. I 'r} l'~ .~ ., . 0.'.D~scd on preliminary information, there appear to be waters of the US including wetlands within the above described project area. . Tbis preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). t ~. . Determination of Jurisdiction: o There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date ofthis notification. o There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CW A)(33 USC 9 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification_ o The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued _' Action ID _ Corps Regulatory Official: .W.'S. Date 04/07/2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF TIDS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Hatteras Environmentalists NC Division of Water Quality NC Ecosystem Enhancement Program Page 2 of2 \ JURISDICTIONAL DETERMINATION U.S. Army Corps of Engineers Revised 8/13/04 DISTRICT OFFICE: CESAW-RG-W FILE NUMBER: 200510742 PROJECT LOCATION INFORl\L\TION: State: NC County: Dare Center coordinates of site (latitude/longitude): 35.243693 N 75.617211 W Approximate size of area (parcel) reviewed, including uplands: 1.97 acres. Name of nearest waterway: Pamlico Sound Name of watershed: Tar-Pamlico River Basin JURISDICTIONAL DETERl\IINATION Completed: Desk.10p determination Site visit(s) ~ o Date: 4/7/2005 Date(s): Jurisdictional Determination (JD): [gJ Preliminary m - Based on available information, [gJ there appear to be (or) 0 there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). o Approved 10 - An approved 1D is an appealable action (Reference 33 CFR part 331). Check all that apply: o There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size ofjurisdictionaI area: o There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size ofjurisdictionaI area: o There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area. o Decision supported by SW ANCC/Migratory Bird Rule Information Sheet for Dctermination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERl\IINATION: A. Waters defined under 33 CFR part 329 as "na\"igable waters of the United States": o The presence of waters that are subject to the cbb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. B. o o o Waters defined under 33 CFR part 328.3(a) as "waters oCthe United States": (I) The presence ofwatcrs, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow ofthe tide. (2) The presence of interstate waters including interstate wctlandsl. (3) The prcsence of other waters such as intrastate lakes, rivers, streams (including intermittent streanls), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): o (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. o (ii) from which fish or shellfish are or could be taken and sold in interstate or forcign commerce. o (iii) which are or could be used for industrial purposes by industries in interstate commerce. (4) Impoundments of waters otherwise defined as waters of the US. (5) The prescnce ofa tributary to a water identified in (1) - (4) above. (6) The presence of territorial seas. (7) The prcsence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands. o o o ,[21 Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetlaild is not itself a navigable water of the United States, describe connection(s) to the dowllStream navigable waters. If B(J) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, in eluding why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual, and is adjacent to a canal that connects to the Pamlico Sound. ( Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) o Ordinary High Water Mark indicated by: 0 High Tide Line indicated by: o clear, natural line impresscd on the bank 0 oil or scum line along shore objects o the presence oflitter and debris 0 fine shell or debris deposits (foreshore) o changes in the character of soil 0 physical markings/characteristics o destruction ofterrestrial vegetation 0 tidal gages o shelving 0 other: o other: o Mean High Water Mark indicated by: o survey to available datum; 0 physical markings; 0 vegetation lines/changes in vegetation types. tS1 Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Hatteras Environmentalists, Tom Corpening Basis For Not Asserting Jurisdiction: o The reviewed area consists entircly of uplands. o Unable to confirm the presence of waters in 33 CFR part 328(a)(I, 2, or 4-7). o Headquarters declined to approve jurisdiction on the basis of33 CFR part 328.3(a)(3). o The Corps has made a case-specific determination that the following waters present on the site arc not Waters of the United States: o Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. o Artificially irrigated areas, which would revert to upland if the irrigation ceased. o Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, scttling basins, or rice growing. o Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. o Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). o Isolated, intrastate wetland with no nexus to interstate commerce. o Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: o Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: o Other (explain): DATA REVIEWED FORJURSIDICTlONAL DETERMINATION (mark all that apply): tm Maps, plans, plots or plat submitted by or on behalf ofthe applicant. o Data sheets prepared/submitted by or on behalf of the applicant. o This office concurs with the delineation report, dated , prepared by (company): o This office does not concur with the delineation report, dated , prepared by (company): o Data sheets prepared by the Corps. o Corps' navigable waters' studies: o U.S. Geological Survey Hydrologic Atlas: [2']' U.S. Geological Survey 7.5 Minute Topographic maps: Cape Hatteras o U.S. Geological Survey 7.5 Minute Historic quadrangles: o U.S. Geological Survey 15 Minute Historic quadrangles: [8] USDA Natural Resources Conservation Service Soil Survey: sheet 22 o National wetlands inventory maps: D StatcILoeal wetland inventory maps: o FEMA/FIRM maps (Map Name & Date): DIDO-year Floodplain Elevation is: (NGVD) o Aerial Photographs (Name & Date): o Other photographs (Date): D Advanced Identification Wetland maps: D Site visit/determination conducted on: o Applicable/supporting case law: o Other information (please specify): lWctlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). April 7,2005 Regulatory Division Action ID No. 200510742 Karen L. Robert Post Office Box 216 Hatteras, North Carolina 27943 Permit Special Conditions a_ The Permittee shall mitigate for 0.10 acre of wetlands associated with this project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in an amount determined by the NCEEP sufficient to perform 0.20 acre of nonriparian wetland restoration mitigation (Cowardin classification type E2EMIP) in the Tar-Pamlico River basin (HUC 03020105). Discharge into wetlands on the permitted proiect shall begin only after the Permittee has made full payment to the NCEEP, and the NCEEP has made wTitten confirmation to the District Engineer, that it has received payment and agrees to accept responsibility for the mitigation work required, pursuant to Paragraph IV_D. of the Memorandum of Understanding between the North Carolina Department of Environment and Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated November 4, 1998. \ Action ID Number:20051 0742 County:Dare Permittee: Karen Rohert Date Permit Issued: 41712005 Project Manager: William Wescott Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT W ASHINGTONREGULATORY FIELD OFFICE Post Office Box 1000 Washington, North Carolina 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Uyou fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ( 0<;; w A 1/2/y o~~c. ~ DWG)I "0 H~-':::'<:'=-7 ~ \.. r::-~-;:;.7 ~ 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 April 11, 2005 DWQ Project # 05-0373 Dare County Ms. Karen L. Robert P.O. Box 216 Hatteras, NC, 27943 Subject Property: 05 0506 20 90 7704 Pamlico Sound, 30-22, Class SA HQW Approval of 401 Watcr Quality Ccrtification with Additional Conditions Dear Ms. Robert You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.10 acres of wetlands for the purpose of residential construction at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on February 25, 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) 14 when issued by the US Anny 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 procccd with your propos cd impacts or to conduct impacts to watcrs as dcpictcd in your application shall cxpire upon expiration of the 404 or CAMA Pcrmit. 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: 404/CAMA Wetlands Plan Location or Reference PCN form N~'iiliCarolina ;Vlltllralll/ 401 OversighVExpress Review Permits Unit 1650 Mail Service Center, Ralei;]h, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786/ FAX 919-733-6893/lntemet htto:llh2o.enr.stale.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/l0% Post Consumer Paper / Karen L. Robert Page 3 of3 Aprill!,2005 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 l50B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. Sincerely, ~~'/~~ Alan W. Klimek, P.E. A WK/cbk Enclosures: GC 3402 Certificate of Completion cc: Charles Thomas Corpening, P.O. Box 831, Avon, NC, 27915 Danny Smith, DWQ Compliance and Enforcement Unit USACE Washington Regulatory Field Office DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 050373Robert(Dare)401 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: WQ Supervisor: Date: tom steffens r1lhnrlgp. SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Karen L. Robert Project Number 05 Recvd From APP Received Date 2/25/05 Project Type Residential 0373 County Darc County2 Region \Vashington Recvd By Region Certificates Permit Wetland Wetland Wetland Stream Type Type Impact Score Index Stream Class Acres Basin Req. Feet Req. Prim. Supp, I 18 I OTH I(!) y ON I I 30-22 rs;-I HQW 130,155. I 0,10 I I 1 IOY ON I I r--I 1 I I MitiQation MitigationType Wetland Type Acres Feet r Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON Have Project Changes/Conditions Been Discussed With Applicant? 0 YON Is Mitigation required? @ YON Recommendation: 0 Issue Olssue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1 AGENT AUTHORIZATION FORM FOR CORPS OF ENGINEERS PERMIT APPLICATION I, k Q.-e.. ~'\ rzo ~:J e.. v J- the undersigned authorize Charles T. Corpening to act as my agent to obtain a permit for work as described in the attached application & plans. Sincerely, gJ t r1fu .. -- V Date a(LJ-lo':) /jJ~@~[jP!l~ FEB 2 5 Iff Ht7zJ;tNR. ?005 VDS;t\'O~-4it:'NQ , rORMlYA.'fgLITy R BRAlICH 1- ...-Gr,......... ID/IS\!..oW"':"~ @ FEB 2 5 2005 Office Use Only: USACE Action ID No. D\VQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: [gI Section 404 Permit D o Section 10 Permit 0 [gI 40 I Water Quality Certification Riparian or Watershed Buffer Rules Isolated Wetland Permit from DWQ 2. Nationwide, Regional or General Permit Number(s) Requested: 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: D 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: [gI 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: [gI II. Applicant Information 1. Owner/Applicant Information Name: Karen L. Robert Mailing Address: P.O. Box 216 Hatteras. NC 27943 Telephone Number: 252-986-1560 E-mail Address: Fax Number: 252-986-6578 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Charles Thomas Corpening Company Affiliation: Hattteras Environmentalists Mailing Address: P.O. Box 831 I Avon, NC 27915 Telephone Number: 252-305-7754 E-mail Address:thomcorp@charter.net Fax Number: 252-995-5580 Page 5 of 12 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: Karen L. Robert 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 05050620907704 4. Location County: Dare Nearest Town: Frisco Subdivision name (include phase/lot number): Parcel A Directions to site (include road numbers, landmarks, etc.): see location sketch on attached Survey(upper left hand comer) 5. Site coordinates, if available (UTM or Lat/Long): nla (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. Property size (acres): 1.97 7. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound 8. River Basin: n/a (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/mups/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site consists of nice wooded ridges of high ground surrounded by wetland for the most part. Some ridges on property between 5-9' above sea level. which is high for the area. The land use in the general area is primarily residential subdivisions and parcels on NC HWY 12. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The Robert's proiect will consist of constructing a single-family dwelling. First fill we be placed in the wetland in order to achieve required separation for the septic svstem. Also the 847' pocket on the east side will need to be filled for adequate access and parking for the owners and for the Dare County. (fire trucks. ambulances, etc) Once septic and access are achieved the construction of the residence will begin. During the whole process silt fence will be installed in order to keep wetland free of debris and fill. The suitable fill material will be brought to the site by dump truck and spread by front end loader 11. Explain the purpose of the proposed work: The two reasons for the requested fill are first, to meet the required setbacks for the installation of the septic area. The primary svstem must be 50' from all wetlands, and the repair area must be 35'. Secondlv, the other area of fill is proposed for parking areas required be the county for the proper parking and access by emergency vehicles IV. }>rior 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 10 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. nla V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. no 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 Page 7 of 12 delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Fill placed in the wetlands. The impact will be .1 of an acre 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type ofImpact* Impact IOO-year Floodplain** Nearest Stream Type ofWetland*** (indicate on map) (acres) (yes/no) (linear feet) Parcel B (2 areas) fill 1110 yes nJa Non-riparian · List each impact separately and identify temporary impacts. Impacts include. but are not limited to: mechanizcd clearing, grading. fill, excavation. nooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. .. 100- Y car t100dplains arc identified through the Fcderal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local/loodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://\\\\\\.Ii:llIa.!'.o\. ..oil List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate ifwctland is isolatcd (dctcnnination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.54 Total area of wetland impact proposed: .1 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type ofImpact* Impact Stream Name" of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) List cach impact separatcly and identify temporary impacts. Impacts include, but are not Iimitcd to: culvcrts and associated rip-rap, dams (separately list impacts due to both structure and t1ooding), relocation (include linear feet before and aller, and net loss/gain), stabilization activitics (cement wall, rip-rap, crib wall, gabions, cte.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and proliles showing the linear footprint for both the original and relocatcd streams must be included. .. Stream names can be found on USGS topographic maps. If a stream has no name, list as ur (unnamed tributary) to the nearest downstream named stream into which it /lows. USGS maps are available through the USGS at 1-800-358-9616, or online at . Page 8 of 12 W\\W.t1,l!S.l!OV, Several internet sites also allow direct download and printing of USGS maps (c.g" \\\\\\.IOPOlOT1l:COIll, \\\\\\,.Ill:lPlltlc,LcOIll, etc,), Cumulative impacts (linear distance in feet) to all streams on site: none 4. Individually list all open water impacts (including lakes, ponds, cstuaries, sounds, Atlantic Occan and any othcr watcr ofthc U.S.) below: Open Water Impact Area of Name of Waterbody Type of Water body Site Number Type ofImpact* Impact (lake, pond, estuary, sound, (indicate on map) (acres) (if applicable) bay, ocean, etc,) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Crcation If construction of a pond is proposed, associatcd wctland and stream impacts should bc 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): 0 uplands 0 stream 0 wetlands 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.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Spccifically 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, lowcr-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. First of all the only development requested on the 1.97 acre parcel is one single-family dwelling. Next an engineered pod system was designed in order to achieve less required separation from the wetland, which also means less required fill for the separation. Also the construction of the driveway and parking will be included in one (.1 acre) permit. VIII. Mitigation Page 9 of 12 . 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://h20,em.state.nc.us/newetlands/strm gi de, h tm I. 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. A payment will be made to the North Carolina Wetlands Restoration Program. Upon confirmation if payment a receipt will be issued to the USACE. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h:2cu:nLstate.nc,llS!\\TP/indcx,htll1. 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): .25 Page 10 of 12 . . Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public ( federal/state) land? Yes D No [gJ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEP AlSEP A)7 Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A coordinator at (919) 733-5083 to review current thresholds for environmental documentation, Yes D No [gJ If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEP A or SEP A final approval letter. Yes D No [gJ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B ,0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )7 Yes D No [gJ 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 Multiplier Required (square feet) 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. Page II of 12 I f buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Storm water (required by DWQ) 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 = 0%: Proposed =2.7%, map has been recorded with wetlands at county, also if required a retention basin with storm water calculation will be provided. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The primary system will consist of six 40' lines with septic tank and the repair is an engineered designed peat system all approved by Dare County. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes D No ~ Is this an after-the-fact permit application? Yes D No ~ XIV. Other Circumstances (Optional): It is tlle 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). <7 ~//~ / ~~J~ ~ 2-/:I-DS ----kpphcantlAgcnt'~....J?la91re Date (Agent's signature is~i~il1Y1f an authorization letter from the applicant is provided.) Page 12 of 12 CURVE DATA FOR 10' EASEMENT Id Delta Radius Arc Length Chord Ch Bear Cl 26042'29" 35,00' 16.31' 16,17' S 75037'47" W C2 32004'48" 75.00' 41.99' 41.45' S 72056'37" W C3 21021'22" 40,00' 14.91' 14,82' S 67034'53" W C4 42032'20" 40,00' 29.70' 29.02' N 80028'16" W C5 51028'22" 50,00' 44,92' 43.42' N 84056'17" W C6 17043'18" 318.00' 98.36' 97.97' S 60027'53" W C7 23005'38" 40.00' 16.12' 16,01' S 63009'03" W C8 26033'12" 30.00' 13.90' 13.78' N 64052'50" E C9 17043'18" 328.00' 101.45' 101.05' N 60027'53" E FRISCO, NC ClO 51028'22" 60.00' 53,90' 52.11' S 84056'17" E Cl1 42032'20" 30.00' 22.27' 21.77' S 80028'16" E LOCATION SKETCH, NOTTO SCALE C12 21021'22" 30,00' 11.18' 11.12' N 67034'53" E C13 32004'48" 85,00' 47.59' 46.97' N 72056'37" E C14 26042'29" 25.00' 11.65' 11,55' N 75037'47" E PARCEL B // .;0' <,0,';:; ,<S" A~ ~ ~ 1. \ , , , Freddy D. Rankin, PLS 50232 S. Buccaneer Dr., PO Box 121 Frisc9-".N~'?d916,,:,O 121 (252) 9~~W,..F.a;,:1~ '~~,5-5580 I ...~... q o~''$o...'';, I, Freddy q, RaT<in, rSif\lftio1f.1V~n~ Surveyor, certify tha~~ ~~t .J.~8wn ~?m ~, actual field land s~~~s~hat ~~. r oj closure as calculated b~~r4)l1l(tElbr~~'cl:" ,,'es is at least ....'" r 0 fit,' ~' 1 : 10,000, '"'''' n 1""""" Witness my hand ;~~rse.arthis :: -\l~day of ~ );}II . A.D,2CI5 So. ~/a;;{;t(!/J Freddy D. Rankinft:S" L-2958 Township HATTERAS Date File Number 01 25 05 3912-CPX Scale FB/Pg 1" - 1 00' 085 63 Recorded Reference PC "F", SLIDE 246 ~ 100 75 50 25 0 / I 100 ~ Freddy D. Rankin, PLS, L-2958 SURVEY / SITE PLAN FOR KAREN ROBERT PARCEL A FRISCO, NC 27936 County DARE F.l.R.M, Zone AE Base Flood Elevation 7.00' Community /PaneljSuffix 3753480880 E State NORTH CAROLINA Pin Number 05 0506 20 90 7704 Zoning $-1 Average Ground Elevation Triage Check List Date: . ~,/7l./~ Projet"tName: _lCalfeV\ ~e./'~ DWQ#: oS" - CJJ7J County: ~ To: D.ARO o FRO o lvfRO o RRO Kevin Barnett Ken A veritte Alan Johnson Mike Horan y&: WaRO o WiRO o WSRO Tom Steffens and Kyle Barnes Noelle Lutheran Daryl Lamb From: ~\ e Telephone: (919) I ]J- 9SbL , \ The file attached is being forwarded to ~\our for your eyaIuation. Please call if you need' assistance. \ o Stream length impacted \ o Stream determination " o Wetland determination and distance to blue-line surface waters on USFW topo maps' o Minimization/avoidance issues g"Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) K...\Y'\. \ ~ c.~ SV\.A...'^c\ ? o Pond f1l1 . \Gb --WLQ..,Q..Q..' ~ ? o Mitigation Ratios . o Ditching . 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