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HomeMy WebLinkAbout20051327 Ver 1_Complete File_20050715U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200511831 County: Dare USGS Quad: Buxton 05-1331 1) LOO-L? O GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner/ Authorized Agent: Bradley Doerr Address: Post Office Box 595 Avon, North Carolina 27915 Telephone No.: 252-995-9089 Size and location of property (water body, road name/number, town, etc.): A 1.42 acre project area with wetlands (1.31 acres) adjacent to the Pamlico Sound, located on the west side of North End Road (NCSR 1229), in Avon, Dare County, North Carolina. (PIN# 01 0640 13 04 8418). Description of projects area and activity: Fill 0.10 acres of Section 404 wetlands for residential development and septic setbacks. Conservation casement will be placed on 1-acre of wetlands on the east portion of the parcel. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General 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. This verification.is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. 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 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact William Wescott at 252-975-1616 extension 25. Corps Regulatory Official Ai& UV y"'S1 Expiration Date of Verification: 03/18/2007 Date: 08/24/2005 F@120WHO AUG 2 6 2005 WET NDNS AND Ti?or'ihYWATER &WICH Page 1 of 8 F `. Determination of Jurisdiction: ?t-Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ? 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 of this notification. ? 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 (CWA)(33 USC § 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. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 8/1/2005. Action ID 200511172 Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adiacent to the Ramlien Sound. i Corps Regulatory Official: ,S Date 08/24/2005 Copy Furnished: NC Division of Water Quality NC Ecosystem Enhancement Program Tom Corpening--Hatteras Environmentalists Page 2 of 8 August 24, 2005 Regulatory Division Action ID No. 200511831 Bradley Doerr Post Office Box 595 Avon, North Carolina 27915 Permit Special Conditions Your work is authorized by Nationwide Permit 18 provided it is accomplished in strict accordance with the attached General Conditions and the following Special Conditions: a. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. b. The Permittee shall preserve and maintain 43,560 square feet (1.0 acre) of DA jurisdictional wetlands on the east portion of the parcel as identified on the applicant's plat. The Permittee is prohibited from performing any of the following activities within the conservation area: Filling; grading; excavating; earth movement of any kind; construction of roads, buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, or other waste material; or any other activity which would result in the wetlands being adversely impacted or destroyed. The entire conservation area boundary shall be clearly marked with suns reading "Wetland Conservation Area", to prevent future inadvertent impacts. c. Prior to beginning work authorized by this permit, the Permittee shall execute and cause to be recorded a conservation casement prohibiting hose activities listed in condition b. above. The holder of this easement shall be approved by the Corps of Engineers prior to recordation of the easement. The Permittee shall provide the Corps of Engineers, a copy of the recorded easement within 60 days of the recordation of the easement. The Permittee shall take no action inconsistent with the terms and purpose of the conservation easement on the property described therein. d. Condition c. above runs with the land. The Permittee shall not.sell, lease, or otherwise convey any interest in the property without first providing sixty (60) days written notice to the Corps of Engineers of the proposed conveyance. The instrument 2 effecting such conveyance shall include legally binding restrictions on the use of the mitigation property as described in condition b. above, to be enforceable by the Permittee as well as the U.S. Army Corps of Engineers, Wilmington District. The instrument establishing such restrictions shall be subject to the approval of the Corps of Engineers. The Permittee shall enforce the terms of the required restrictions. e. Excavated or fill material shall not be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina Division of Water Quality, telephone (919) 733-1786, regarding Section 401 Water Quality Certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Wescott, Washington Regulatory Field Office, telephone (252) 975-1616, extension 25. Action ID Number:200511831 County:Dare Permittee: Bradley Doerr Date Permit Issued: 8/24/2005 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 WASHINGTON REGULATORY FIELD OFFICE Post Office Box 1000 Washington, NC 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps-of Engineers representative. If you 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 Page 3 of 8 CESAW-RG-W DATE: 08/24/2005 MEMORANDUM FOR RECORD SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1. Action ID. 200511831 2. Project Name and Location: Bradley Doerr in Avon 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES If NO, Explain: b. Is compensatory mitigation necessary? YF,S Explain: Conservation Easement on 1-acre of wetlands on the east portion of the property. 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO If YES, describe steps taken to address concerns: 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO b. If YES, describe steps taken to address concerns: 6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act). a. Is this a project that "may adversely affect essential fish habitat"? NO b. If YES, describe ste s taken to address concerns: Corps Regulatory Official: OL W, S. Page 4 of 8 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND ;'REQUEST FOR APPEAL Applicant: Bradley Doerr File Number: 200511831 Date: 8/24/2005 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A _ permission) _ PROFFERED PERMIT Standard Permit or Letter of permission) B _ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - "fhe folloNving identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htip://www.tisace.army.mil/iuet/ftinctions/cw/eeewo/reg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative kppeal Process by completing Section II of this form and sending the form to the division engineer. This form nust be received by the division engineer within 60 days of the date of this notice. Page 7 of 8 D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION It - IZ.EQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. 'POINT OF CONTACT FOR QUESTIONS OR _INF ORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review attn: William Wescott Officer Post Office Box 1000 CESAD-ET-CO-R Washington, North Carolina 27889 U.S. Army Corps of Engineers, South Atlantic Division 252-975-1616 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9MI5 Atlanta, Georgia 30303-3490 Page 8 of 8 WAT?Rp? J Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 24, 2005 Bradley W. Doerr P.O. Box 595 Avon, NC 27915 Subject Property PIN 01 0640 13 04 8418 Avon, NC Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Doerr: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-1327 Dare County 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 constructing the proposed septic area setbacks, construct the proposed parking areas and to construct the proposed residence at the subject property, as described within your application dated July 11, 2005 and received by the N.C. Division of Water Quality (DWQ) on July 15, 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) NW18 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 0.10 (acres) PCN 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1766 /FAX 919.733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands Ne o Carolina Xtura!!y An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Bradley W. Doerr Page 2 of 3 August 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 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct 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, Bradley W. Doerr Page 3 of 3 August 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 or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, re-W-1 Alan W. Klimek, P.E. AWKlijnt Enclosures: GC 3402 Certificate of Completion cc: Charles Thomas Corpening, Hatteras Environmentalists, P.O. Box 831, Avon, NC 27915 USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files filename: 051327Brad1eywDoert(Dare)401 July 17, 2005 Charles Thomas Corpening Hatteras Environmentalists P.O. Box 831 Avon, NC 27915 252-305-7754 thomcorp@charter.net To: NC DWQ Re: Wetland Permit/application for fill Project # 05-1327 To Whom It May Concern: This letter is in response to the July 28, 2005 request for more information. We will be glad to provide any information needed to further process this information. However it is our belief that all the information has been provided in order to process the request At this time we want to make sure the file stays open so that we can meet all the requirements to receive the permit Your first issue with the permit was that the plan detail was incomplete. The house which will be elevated on pilings will sit partially on the proposed fill area, and the rest will hang over into the wetlands. The wetlands in this area are totally isolated from any open waters or streams and have been determined by CAMA to have no connection and/or jurisdiction. It is therefore our belief that no further plans are needed The other concern was to whether we could relocate the house and parking to further minimize the impacts. The house and drive must be located on the property based upon Dare County regulations. However to minimize the impact we have received an easement and ok by the county to locate the septic on the other lot which already has a house and septic on it We as stated will be placing a conservation easement on an acre for mitigation. If there are any further questions or information needed please let me know. I hope this will clear up all of your questions. Sincerely, r es T. Corpe ?I?IIWF D iE.. AUG 2 3 2005 LENR - WATER QUALITY l;'ETUVIDS tj@ STORN'A'ATER BRA14CH DF W A TER O) QG J ?J o ? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 28, 2005 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Bradley W. Doerr P.O. Box 595 Avon, NC 27915 Subject Property: PIN 01 0640 13 04 8418 Avon, NC REQUEST FOR MORE INFORMATION Dear Mr. Doerr: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-1327 Dare County On July 15, 2005, the Division of Water Quality (DWQ) received your application dated July 11, 2005 to impact 0.10 acres of wetlands to construct the proposed septic area setbacks, construct the proposed parking areas and to construct the proposed 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 211.0506 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. Plan Detail Incomplete Please show all wetland impacts including fill slopes on the site plan. It appears from the design plans provided that the residence will be constructed in an area outside of the fill line. The wetlands impacts should be clearly delineated on the plans. 2. Impact Justification (Avoidance and Minimization) This office believes that the residence and parking area can be moved or reconfigured to avoid the impacts to wetlands. Please revise the plans to avoid the impacts. The residence and parking areas can be moved to the non-wetland portion of the property to the north where the septic system is located. The drain field repair areas could be reconfigured to meet the required setbacks and avoid all impacts to wetlands. One 401 Oversight/Express Review Permitting Unit lat trallfa 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: httn://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50`70 Recycled/ I017o Post Consumer Paper Bradley W. Doerr Page 2 of 2 July 28, 2005 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 within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Silt erely, C ndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKlijm cc: Charles Thomas Corpening, Hatteras Environmentalists, P.O. Box 831, Avon, NC 27915 Tom Steffens, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: S:\2005 Correspondence\051327BradleywDoerr(Dare)OnHold.doc f fidlev,W Doerr DWQ # 20051327 Subject: Bradley W Doerr DWQ # 20051327 From: Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Thu, 28 Jul 2005 12:17:45 -0400 To: thomcorp@charter.net Please see attached the Division of Water Quality's request for more information related to your recent application. Please note that this message is being forwarded to you electronically so that you may expedite preparation of your response. Please do not send your response as a reply to this e-mail or via fax. A hard copy of the correspondence is being sent via US Mail. All response correspondence is to be mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless otherwise noted. Content-Type: application/insword 051327BradleyWDoerr(Dare)OnHold.doe Content-Encoding: base64 1 of 1 7/28/2005 12:18 PM 20057327 AGENT AUTHORIZATION FORM . FOR CORPS OF ENGINEERS PERMIT APPLICATION I /ct f e- L/ `( is the undersigned authorize Charles T. Corpening r-L to act as my ag nt to Obtain a .S. Army Corps Fill permit for the work as described in the attached application & plans. Sincerely, Date: ? / ?? ?D J UL .i 2005 PAYM E IN; T P, rCL71VCD Office Use Only' form V,ersipn May 2002 USACE Action ID No. DWQ No. 2 005 1 3 2 7 (Ifany particular item is not appiicaoie to tats project, picric cmct 1,4ut typll? l '. Vi •1 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 1 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 (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 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: II. Applicant Information Owner/Applicant Information Name: Bradle, p@MWIR P JUL 1 5 2005 Mailing Address: P.O. Box 595 1MptngI!.na tE??UALIn ' I?uYJATFA-BRUtGH-- Avon NC 27915 Telephone Number: 252-995-9089 E-mail Address: 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 Corpeninu Company Affiliation: Hattteras Environmentalists Mailing Address: P.O. Box 831 Avon NC 27915 Telephone Number: 252-305-7754 Fax Number: 252-995-5580 E-mail Address: thomcoi cr charter net Fax Number: 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: Bradley W. Doerr 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 01 0640 13 04 8418 4. Location County: Dare Nearest Town: Avon 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 corner) 5. Site coordinates, if available (UTM or Lat/Long): n/a (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): 1.42 7. Nearest body of water (stream/river/sound/oceaci/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 IM h:%!1120.stutc.nc.US,,IdlIli 11/11Y1 .) 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 mostly wetland adjacent to the Pamlico Sound. The parcel directly north however is highland, and is where the proposed septic will be located. The area consists entirely of single-family dwellings for private use. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The Doerr project 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 system. Also the parking area on the east side will need to be filled for adequate access and parking or 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 bhp truck and spread by front end loader 11. Explain the purpose of the proposed work: The Three reasons for the requested fill are first, to meet the required setbacks for the installation of the septic area. The primary system must be 50' from all wetlands and the repair area must be 35'. Secondly, the other area of fill is proposed for parking areas required be the county for the proper parking and access by emergency vehicles and last part of the house will be located on the fill area. 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. 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 delineation map, whether or not impacts are proposed to these systems. Wetland and stream Page 7 of 12 evaluation and delineation forms should be included as appropriate. Photo&raphs 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: The impact will be .l of an acre Fill placed in the wetlands. 2. Individually list wetland impacts below: 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 linear feet Type of Wetland*** Parcel B (2 areas) fill I/10 yes n/a Non-riparian ' List each impact separately and identify temporary impacts. Impacts include, but arc 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 I-800-358-9616, or online at http:/hvww.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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.3 Total area of wetland impact proposed: .1 3. Individually list all intermittent and perennial stream impacts below: 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? leasespecify) i i i i i i 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 w?iw.usgs gov. Several interact sites also allow direct download and printing of USGS maps (e.g., www.tohozone.com NvN w.maCquest.com, etc.). Page 8 of 12 Cumulative impacts (linear distance in feet) to all streams on site: none 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. ' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. 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.): 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) 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. First of all the only development requested on the 1.42 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 (.l acre) permit. 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 Page 9 of 12 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://h2o.enr.state.nc.us/newetlands/strni ,ide.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. A Conservation easement will be deeded to the North Carolina Ecosystem and Enhancement Program. This easement has been approved and will be deeded when permit is issued. The conservation easement will be 1 acre 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://h2o.enr.state.nc.us/wrp/index.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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): 1 acre easement Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 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 ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (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 (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 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 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 I. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0260. Xl. 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 <1% = 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. An engineered nod system will be used for both the primary and repair system. This system has been 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 ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). App'f ca$yAgent'§'Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Page 1 of 1 charles corpening From: "Stephanie. Horton" <Stephanie.Horton@ncmail.net> To: <thomcorp@charter.net>; "Rusty Harris-Bishop" <rusty. harris-bishop@ncmail. net> Cc: "Carol Shaw" <carol. shaw@ncmail. net>; "Marion Patrick" <Marion,Patrickc@ncmail.net> Sent: Friday, July 01, 2005 9:55 AM Attach: Template EEP Master Conservation Easement 12.08.04.doc; Ind Lot Easement Process Form.062005.doc Subject: EEP conservation easement Thom, I understand that you are proposing to donate a 1 acre wetland tract to EEP as compensatory mitigtation for a 1/10 acre impact on-site. EEP will accept the easement, but regulatory agencies are responsible for permitting the impact. Attached, please find the EEP conservation easement document and instructions for donations of conservation easements to EEP. The easement has been approved by the Corps of Engineers and others for use in these circumstances. Please be award that any proposed changes in the template document will result in significant delays in processing. The one-time fee just increased today to $374/acre. Please call if you have questions. Stephanie 919-715-1263 7/11/2005 PROPOSED FILL PLAN FOR: BRADLEY W. DOERR NORTH END ROAD AVON, NC 27915 Township County State KINNAKEET DARE N.C. Date File Number Scale 12/21/04 13869-LSX 1" =100' LOT DATA Average Ground Elevation 13.0' Recorded Reference FB1Pg DB 223, PAGE 339 1105/59 Zoning Pin Number R-2A 01 /0640 13 04 8418 FIRM ZONE DATA AE Base Flood Elevation Community/Panel/Suffix 8.00' 375348 0810 E LOCATION SKETCH, NOT TO SCALE 0 A S 2 0 4 a sRl?n LESLIE l ? I 1 N S 78° 27' 00' Vq pROFoSEDACDIJE? I-? cr) ORp,INFIELD Q u5 ao e LIJ?5' U 4 64A0LEY W. DOERR a p , DB 1355. PAGE 4P 349.88' w? (V I 5 " N 83°18'24" E a mp q?3= / .. " » hia? PAP. ------------- Q qt? ?tsasaaauNE KOUS _ WEST PORTION OF PARCEL ^?2 ?q OSEO NOT SURVEYED ;?.'ti ! l- ?0 \ QROp 56EAh •14161` 401 U(41E NIP N oJOHNBURENMILE R 810?.oe 3s3, Pac; 239 JR 31 .JOHN BU F S 13°:D6 533, PgGE 09 1E4, JR 3:.28_ t ' /• ; ; ` TIE UNE` - ? _ ? 12 ? O (, 1 N x'01'34' W 31 i.53' •,1 W l ?? I - - =w B l? ! 9Z W i C7C? ?,- _ ; /g 0 A .P LEGEND ? EXISTING CONCRETE MONUMENT 0 EXISTING IRON STAKE ti S UTILITY POLE E WATER METER 0 SET IRON STAKE 100 75 50 25 0 100 M 00 O oa 2? .? LINE II ? Iql W1- 0 rl w !R 120.4 CC8 S tczz 3E i KEIV D AGENT AUTHORIZATION FORM 2005 1r3' '27 FOR CORPS OF ENGINEERS PERMIT APPLICATION I /a I e-j.- ?? ?? i U , the undersigned authorize Charles T. Corpening to act as my ag6nt to Obtain a .S. Army Corps Fill permit for the work as described in the attached application & plans. Sincerely, Date: ? - ? -U C?%d91 ? o ?uL A 5 2005 * ,MDSSOW ?A?6?yCH \ %C„ PA` 1,JEi"T RECEIVED Office Use Only: Form Versipn May 2002 USACE Action ID No. DWQ No. 2 0 0 5 1 3 2 7 (it any particular item is not appn.;auic w un?, pivjc,_t, p - NN.. 1. II. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 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: ? 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: ? 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: og@mVF D Applicant Information w JUL 1 6 2005 Mailing Address: P.O. Box 595 yrUlb3Ni0aTO,WIAiW1r'ly Avon NC 27915 Owner/Applicant Information Name: Bra Telephone Number: 252-995-9089 Fax Number: E-mail Address: 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 Corpeninij, Company Affiliation: Hattteras Environmentalists Mailing Address: P.O. Box 831 Avon NC 27915 Telephone Number: 252-305-7754 Fax Number: 252-995-5580 E-mail Address: thomcor?a charter net Page 5 of 12 III. Project Information 8. 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 constriction 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: Bradley W. Doerr 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 01 0640 13 04 8418 4. Location County: Dare Nearest Town: Avon 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 corner) 5. Site coordinates, if available (UTM or Lat/Long): n/a (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): 7. Nearest body of water (stream/river/sound/oecan/lake): Pamlico Sound River Basin: n/a (Note - this must be one of North River Basin map is available at hur Carolina's seventeen designated major river basins. The 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 mostly wetland adjacent to the Pamlico Sound. The parcel directly north however is highland, and is where the proposed septic will be located. The area consists entirely of single-family dwellings or private use. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be usgd: The Doerr project 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 system. Also the parkin area on the cast 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 Three reasons for the requested fill are first, to meet the required setbacks for the installation of the septic area. The primary system must be 50' from all wetlands and the repair area must be 35'. Secondly, the other area of fill is proposed for parking areas required be the county for the proper parking and access by emergency vehicles and last part of the house will be located on the fill area. 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. n/a 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. 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 Page 7 of 12 evaluation and delineation forms should be included as appropriate. Photo&raphs 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 ifor listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The impact will be. I of an accee Fill placed in the wetlands. 2. Individually list wetland impacts below: 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 linear feet Type of Wetland**" Parcel B (2 areas) fill 1/10 yes n/a Non-riparian i • List each impact separately and identify temporary impacts. Impacts include, but are 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 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.izov. 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 if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.3 Total area of wetland impact proposed: .1 3. Individually list all intermittent and perennial stream impacts below: 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?j leasespecify) I ' 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.usc.s.aov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topoionexom Nvww.mapguest.com, etc.). Page 8 of 12 Cumulative impacts (linear distance in feet) to all streams on site: none 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact' Area of Impact acres Name Waterbody plicabblele) (if applicable) ) Type of Waterbody (lake, pond, estuary, sound, 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 Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream Describe the method of construction (e.g., dam/embankment, excavation, 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) 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. First of all the only development requested on the 1.42 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 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 ? wetlands installation of Page 9 of 12 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.ne.us/ncwetlands/strm?l,ide,htm1. 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 will be deeded to the North Carolina Ecosystem and Enhancement Program. This easement has been approved and will be deeded when permit is issued. The conservation easement will be 1 acre 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://h2o.enr,state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): 1 acre easement Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 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 ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (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 213 .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 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 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 11 of 12 D..,.,..1 ..4 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. 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 <1% = 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.' An engineered pod system will be used for both the primary and repair system. This system has been 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 ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Apps' ica?ty/.Agent'?Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Page 1 of 1 charley corpening From: "Stephanie. Horton" <Stephanie.Horton@ncmail.net> To: <thomcorp@charter.net>; "Rusty Harris-Bishop" <rusty.hanis-bishop@ncmail.net> Cc: "Carol Shaw" <carol.shaw@ncmail.net>; "Marion Patrick" <Marion. Patrick@ncmail. net> Sent: Friday, July 01, 2005 9:55 AM Attach: Template EEP Master Conservation Easement 12.08.04.doc; Ind Lot Easement Process Form.062005.doc Subject: EEP conservation easement Thom, I understand that you are proposing to donate a 1 acre wetland tract to EEP as compensatory mitigtation for a 1/10 acre impact on-site. EEP will accept the easement, but regulatory agencies are responsible for permitting the impact. Attached, please find the EEP conservation easement document and instructions for donations of conservation easements to EEP. The easement has been approved by the Corps of Engineers and others for use in these circumstances. Please be award that any proposed changes in the template document will result in significant delays in processing. The one-time fee just increased today to $374/acre. Please call if you have questions. Stephanie 919-715-1263 7/11/2005 PROPOSED FILL PLAN FOR BRADLEY W. DOERR NORTH END ROAD AVON, NC 27915 Township County State IKINNAKEET DARE N. C. Date File Number Scale 12121/04 13869-LSX 1" =100' LOT DATA Average Ground Elevation 13.0' 3, PAGE 339 105159 r8O ed Reference FBIPg Pin Number 101 /0640 13 04 8418 ZONE DATA AE one lood Elevation Community/Panel/Suffix 375348 0810 E LOCATION SKETCH, NO T TO SCALE 0 A Z 0 A 4 O sa11n LEgF l ti N S 78° 27' 00"n -`, 27 'Jf ]f) PROPOSED ACTIVE - cr) T DRAINFIELD o y I O m --- a Cz) / Q Q to I- tu wF a L BRADLEY W.DOERR 7 ?R?? i ?Q DBt355,PAGE4T1 349,88' N 83°1824 E ss_ LINE 0 WEST PORTION OF PARCEL 2 ?. ?? OSED NOT SURVEYED ?' ??\? ?; PROP a35gsgft' 8 4 _ 404 LINE I_ N/F f JOHNSUREtr Q j I/ N 81 02'3 " I? o 0 LINE I I y, ILL ;$? Ig ?- 01 C14 w DB 363. PAGE 239 LER JR w 318.39' O U "? Q 313°37'38"W p Iz JOH.NeUREN&fr LL DS 533, PAGE logER' JR 32.28' = f ~?.__ it1 ?,2 2 ' r r ! TIE LINE N 83`01'341'34' W ;.,??; - J ? / W 315. -53' WC B o !f ¢S3?p W t7QW ^ ae ?`?_ ?OJm v 0 A 41, .P h LEGEND 2rr. 0 EXISTING CONCRETE MONUMENT 0 EXISTING IRON STAKE J 0 UTILITY POLE ' - _ IM WATER METER 0 SET IRON STAKE 10D 75 50 25 0 100 !R 1 20.4 CCB S 3f LC:z P^'i NIFi"'!T I?FCFIVED AGENT AUTHORIZATION FORM 2 0'8 ' 1 3 2 7 FOR CORPS OF ENGINEERS PERMIT APPLICATION I /u l e- ?? ?? i a the undersigned authorize Charles T. Corpening to act as my ag nt to Obtain a .S. Army Corps Fill permit for the work as described in the attached application & plans. Sincerely, Z .Date: Ero[RUWR 0 JUL ] 5 2005 Yc:TW414103AND3Ta'R ,rf°AMI QUALITY P/1Y[1,'IL !`.'T RECEIVED Office Use Only: Norm Version May 2002 ? nniz,1 3 27 USACE Action ID No. DWQ No. (1fany particular item is not appiicanie to finis project, piease entcr iwL tAppl cau- u, IN,f1 •) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Pen-nit 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: ? 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: ? 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: II. Applicant Information p RLU-2-.133 0 V C D D 1. Owner/Applicant Information Name: Bradley W Doerr JUL 1 5 2005 Mailing Address: P.O. Box 595 Avon NC 27915 y,ETwa031?{osta??.h?..?tfnr_? Telephone Number: 252-995-9089 Fax Number: E-mail Address: 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 Comenini; Company Affiliation: Hattteras Environmentalists Mailing Address: P.O. Box 831 Avon NC 27915 Telephone Number: 252-305-7754 Fax Number: 252-995-5580 E-mail Address: thomcorpna. charter. net Page 5 of 12 111. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 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: Bradley W. Doerr 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 01 0640 13 04 8418 4. Location County: Dare Nearest Town: Avon 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 corner) S. Site coordinates, if available (UTM or Lat/Long): n/a (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): 1.42 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 litth://h2o.cnr.statc.nc.us/,ulmin'lim /.) 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 mostly wetland adjacent to the Pamlico Sound. The parcel directly north however is highland, and is where the proposed septic will be located. The area consists entirely of single-family dwellings for private use. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The Doerr protect 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 system. Also the parking area 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 bepin. 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 Three reasons for the requested fill are first, to meet the required setbacks for the installation of the septic area. The primarY system must be 50' from all wetlands, and the repair area must be 35'. Secondly, the other area of fill is proposed for parking areas required be the county for the proper parking and access by emergency vehicles and last part of the house will be located on the fill area. 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. 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 delineation map, whether or not impacts are proposed to these systems. Wetland and stream Page 7 of 12 14 evaluation and delineation forms should be included as appropriate. Photo&raphs 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: The impact will be . l of an acre Fill placed in the wetlands. 2. Individually list wetland impacts below: 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 linear feet Type of Wetland*** Parcel B (2 areas) fill 1/10 yes n/a Non-riparian • List each impact separately and identify temporary impacts. Impacts include, but are 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 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.femi.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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.3 Total area of wetland impact proposed: .1 3. Individually list all intermittent and perennial stream impacts below: 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? leasespecify) 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 wvvw.uscs.stov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, vvww.mapquest.com, etc.). Page 8 of 12 Cumulative impacts (linear distance in feet) to all streams on site: none 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma ,? Type of Impact Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. 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.): 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) 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. First of all the onlv development requested on the 1.42 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 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 Page 9 of 12 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://h2o.enr.state.nc.us/ncwetlands/strmg,ide.litm1. 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 Conservation easement will be deeded to the North Carolina Ecosystem and Enhancement Program. This easement has been approved and will be deeded when permit is issued. The conservation easement will be 1 acre 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 llttp://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: 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): 1 acre easement Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 . 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 ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (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 (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 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 3 2 1.5 Total • Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page I 1 of 12 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. 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 <1% = 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. An engineered pod system will be used for both the primary and repair system. This system has been 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 ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). App'icahtAg'eiit signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Page 1 of 1 charley corpening From: "Stephanie. Horton" <Stephanie.Horton@ncmail.net> To: <thomcorp@charter.net>; "Rusty Hams-Bishop" <rusty.harris-bishop@ncmail.net> Cc: "Carol Shaw" <carol.shaw@ncmail.net>; "Marion Patrick" <Marion. Patrick@ncmail. net> Sont: Friday, July 01, 2005 9:55 AM Attach: Template EEP Master Conservation Easement 12.08.04.doc; Ind Lot Easement Process Form.062005.doc Subjoct: EEP conservation easement Thom, I understand that you are proposing to donate a 1 acre wetland tract to EEP as compensatory mitigtation for a 1/10 acre impact on-site. EEP will accept the easement, but regulatory agencies are responsible for permitting the impact. Attached, please find the EEP conservation easement document and instructions for donations of conservation easements to EEP. The easement has been approved by the Corps of Engineers and others for use in these circumstances. Please be award that any proposed changes in the template document will result in significant delays in processing. The one-time fee just increased today to $374/acre. Please call if you have questions. Stephanie 919-715-1263 7/11/2005 PROPOSED FILL PLAN FOR: BRADLEY W. DOERR NORTH END ROAD AVON, NC 27915 Township County State KINNAKEET DARE N.C. Date File Number Scale 12/21/04 13869-LSX 11" =100' LOT DATA Average Ground Elevation 13.0' Recorded Reference FB/Pg DB 223, PAGE 339 1105/59 Zoning Pin Number R-2A 101 /0640 13 04 8418 FIRM ZONE DATA AE Base Flood Elevation Community/Panel/Suffix 18.00' 375348 0810 E LOCATION SKETCH, NOT TO SCALE 0 A 4 0 LESLIEI / ?- 27 S7B'27'00"W PROPOSED ACTIVE+-? DRAINFIELD o LIJ15' W BRADLEY W. pDERR / • y ? , pB1355,PAGE4R ; c / If 349.88' Q N 83'18'24" E 5 ,' _ y _ ,o M,al 404 LINE HOUS WEST PORTION OF PARCEL W " ` ' F NOT SURVEYED ?W? ?• ??\0? PROpOS356Sqn C.N I nn(? ? u'?r ? ? ?' • '14.16' ' • ?i ?6?6 h .1 i u Q 404 LINE ? L ?? • Q N 81 \f ??YBL JOHN BUREN MILLER 239 JR : U 1 0231" D8 353, , PAGE PAGE ? _ -, --.- 23s 318.39' / /I2W JOHN SUREN Ary1l S 13°3,38"W p - 2? DB 533, PAGE tag' 3R 32,28' ?, ^ (u 1 34.4V ??- - 3, W fJ 5 `.53' ?= B o I ??v W ?- ??54 ? o I --?- 2 I -? 4Co co ----?- 3Oy0 W 0 - `- A .P LEGEND 0 EXISTING CONCRETE MONUMENT 2W 0 EXISTING IRON STAKE UTILITY POLE W WATER METER - - 0 SET IRON STAKE 100 75 50 25 0 100 ISO 0 .404 LINE II ? IW gw v &4! LOB_S 3f LCz AGENT AUTHORIZATION FORM FOR n n ? 7 N iNIENT CORPS OF ENGINEERS PERMIT APPLICATION ?ECEIVED I /u ??" ?? ?? ip the undersigned authorize Charles T. Corpening to act as my ag nt to Obtain a .S. Army Corps Fill permit for the work as described in the attached application & plans. Sincerely, ??? ?? Date: - ? -o Qr?@ [02, oeE? JUL 1 5 2005 DENk - WATER QUALITY WTLAND3 AND STMVATER BRANCH PAYMEi'T RECEIVED Office Use Only: Fonn Versipn May 2002 USACE Action ID No. DWQ No. 2 0 0 5 1 3 2 7 (if anv oarticular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested 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 (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ? 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) D ftm1? ?D II. Applicant Information D JUL 15 2095 1. Owner/Applicant Information 1'.7:n :? WAtar.,..,...._ Name: Mailing Address: P.O. Box 595 err Avon NC 27915 Telephone Number: 252-995-9089 E-mail Address: 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 Comening Company Affiliation: Hattteras Environmentalists Mailing Address: P.O. Box 831 Avon NC 27915 Telephone Number: 252-305-7754 Fax Number: 252-995-5580 E-mail Address: thomcorp(a)charter net Fax Number: Page 5 of 12 111. Project Information , Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than I 1 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: Bradley W. Doerr 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 01 0640 13 04 8418 4. Location County: Dare Nearest Town: Avon 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 corner) 5. Site coordinates, if available (UTM or Lat/Long): n/a (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): 1.42 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 lilt p:/,'h2u.cnr.statC.nc.us;'admill/ nmaps/.) 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 mostly wetland adjacent to the Pamlico Sound. The parcel directly north however is highland, and is where the proposed septic will be located. The area consists entirely of single-family dwellings for private use. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The Doerr pro'el ct 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 system. Also the parking area 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 Three reasons for the requested fill are first, to meet the required setbacks for the installation of the septic area. The primm system must be 50' from all wetlands and the repair area must be 35'. Secondly, the other area of fill is proposed for parking areas required be the county for the proper parking and access by emergency vehicles and last part of the house will be located on the fill area. 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. n/a 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. 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 Page 7 of 12 evaluation and' delineation forms should be included as appropriate. Photo&raphs 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: The impact will be. I of an acre Fill placed in the wetlands. 2. Individually list wetland impacts below: 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 linear feet •• Type of Wetland* Parcel B (2 areas) fill 1/10 yes n/a Non-riparian • List each impact separately and identify temporary impacts. Impacts include, but are 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 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.fem,-i y •" 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 if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.3 Total area of wetland impact proposed: .1 3. Individually list all intermittent and perennial stream impacts below: 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? leasespecify) ' 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 I-800-358-9616, or online at www.usgs.t,,ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., NvN?Ny toliozone.com www.mapquest.com, etc.). Page 8 of 12 Cumulative impacts (linear distance in feet) to all streams on site: none e 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number indicate on ma Type of Impact' Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, 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 Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. 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.): 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) 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. First of all the only development requested on the 1.42 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 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 Page 9 of 12 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:/ih2o.enr.state.nc.us/ncwetlands/strm?iidc.htm1. 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 Conservation easement will be deeded to the North Carolina Ecosystem and Enhancement Program. This easement has been approved and will be deeded when permit is issued. The conservation easement will be I acre 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://h2o.enr,state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): 1 acre easement Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 r 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 ? No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (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 213 .0233 (Meuse), 15A NCAC 213 .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 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 3 2 1.5 Total • Gone 1 extends out 3l1 feet perpendicular tmm near bank of channel; "Lone 2 extends an additional 20 feet from the edge of zone I. Page I 1 of 12 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. 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 <1% _, 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. An engineered pod system will be used for both the primary and repair system. This system has been 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 ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 7 /1' AppYcaht?Oe tlSignature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Page I of I charlos corponing From: "Stephanie. Horton" <Stephanie.Horton@ncmail.net> To: <th omcorp@cha rter. net>; "Rusty Hams-Bishop" <rusty.hanis-bishop@ncmail.net> Cc: "Carol Shaw" <carol.shaw@ncmail.net>; "Marion Patrick" <Marion.Patrick@ncmail.net> Sent: Friday, July 01, 2005 9:55 AM Attach: Template EEP Master Conservation Easement 12.08.04.doc; Ind Lot Easement Process Form.062005.doc Subject: EEP conservation easement Thom, I understand that you are proposing to donate a 1 acre wetland tract to EEP as compensatory mitigtation for a 1/10 acre impact on-site. EEP will accept the easement, but regulatory agencies are responsible for permitting the impact. Attached, please find the EEP conservation easement document and instructions for donations of conservation easements to EEP. The easement has been approved by the Corps of Engineers and others for use in these circumstances. Please be award that any proposed changes in the template document will result in significant delays in processing. The one-time fee just increased today to $374/acre. Please call if you have questions. Stephanie 919-715-1263 7/11/2005 PROPOSED FILL PLAN FOR: BRADLEY W. DOERR NORTH END ROAD 4 AVON, NC 27915 Tovmship ounty State KD ARE N. C. Date File Number Scale 12121104 13869-LSX 11"=100' LOT DATA Average Ground Elevation 13.0' Recorded Reference FB/Pg DB 223, PAGE 339 105/59 Zoning Pin Number R-2A 01 /0640 13 04 8418 FIRM ZONE DATA AE Base Flood Elevation Community/PaneUSuffix 8.00' 375348 0810 E LOCATION SKETCH, NOT TO SCALE 0 A y 2 pO T O Spt2S LEg1El r S 78 27' 00" V4 27 ?.•?' PROPS ED ACTIVE N DRpiNFIELD o /" nnn ir, o B EY W. DDEAR o O , N ?d DB1355,PAGE, / 349. O mt" o W I ?( 5 N 8318'24" E C\j yP. ------------------ v ZM HOUS O ?2 tr', ?? R OSED ' - c WEST PORTION OF PARCEL NOT SURVEYED F1oP g 356 41.16 r 1 404 LINE Q. N/F 30HNBUR N81°02'31'w DB 363, PAGE 239LER JR -, - _ Co 318.39' o / N'F r JOkNBURFjrMI S1?37'38"W ; O _ 11 2r? D13 533, PAGE, Lr? fR Z ? 32.28' TIE UN - - ? ,2 O r I r? E N aT°a,, _ ? Z 3,5.53' 2w B o rr w V • a 7 ;?f• Z Z14 03 ` 3>,? w 0 A w .P .P fL. LEGEND 0 EXISTING CONCRETE MONUMENT 0 EXISTING IRON STAKE (E) UTIUTY POLE ® WATER METER 0 SET IRON STAKE 100 75 50 25 0 100 00 .o .404 LINE II ? Iw w ,R 120.4, cce s3f DWQ# Date G5? Who Reviewed: •I A 2r_ plan Detail Incomplete ? Please provide a location map for the project. ? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. Please show all wetl d i pact including fill slo?es.on the site plan. ,?1 wl_ dvSv, 1"e S;d e i?c ti (?J i ?o?? ( f ?` 11 U?y. G?1 tc- dc??;tJ L ?-- lp,._S ? ?'D u kJ T I, to " Lk L ? lease indicate all buffer impacts on a site pla n. ,{ (r, ? Please indicate proposed lot layout as overlays on the site plan. cJ?? CLV I ? Please indicate the location of the protected buffers as overlays on the site plan. p( sJ3 . ? 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 pro ect. ?I. ?( a v?11 a This 0 ce believes that the can be moved or reconfigured to avoid the impacts to the a? ?? ?_ ??,,` y 4 T?1 C PtIpase revise the p s toVvoid the impacts. 1? ffs i Fan e `j o i e?"?fi tiXo mi, e th . es that the lded on the plans as be oved or o gorinim ize the un acts to the + _? ? This Office believ 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 practices that remove nutrients before the stormwater can be discharged through the buffer. Other 1 ? The application fee was insufficient because over 150 feet of stream and/or over 1 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 copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 211.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project.