HomeMy WebLinkAbout20041497 Ver 1_Complete File_20040908(Detailsl i Details2 Permits and Certs Cross Refs Impacts i Mitigations i' Fees Affiliations Events ' Inspections Comment History
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Project Number: 20041497 Version: 1 Status: On Hold Last ActionDesc: Incomplete App- Additional info r.
'Project Name: Dana Cooke 'Project Type: esidentialSubdivision
Project Desc Residential
`Owner: Cooke, Dan; ?. Details_ 'Received From:'.Pppticant COE ID: 200411790 *Primary Counry: ',Darn
DOTTIP: •AdminRegion: Washington
Received Db 0910012004 - ReNewer: cyndi.karoly
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Last Updaled On OBl240005 Sewage Disposal* P N Comment Period Ends Dt
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SID WPD1
Dana Cooke Nationwide #18 Request
Subject: Dana Cooke Nationwide #18 Request
From: "Kendall Turnage" <kendallturnage @ earthlink. net>
Date: Tue, 21 Sep 2004 12:05:07 -0400
To: "Cyndi Karoly" <cyndi.karoly @ ncmail. net>
Dear Ms. Karoly,
Project: Dana Cooke, Nationwide #18 Request
Please place the 401 Certification process on "applicant hold" for the Dana Cooke project
located in South Nags Head, NC.
To satisfy the conditions of issuance by the Army Corps of Engineeres, we will send you
revised site plans and then request that the application process be continued at that time. The
revised plan and application will allow for the 401 certification to be be congruent with the
Army Corps requirements and Nationwide permit.
Please call if you have any questions.
Thank you,
Kendall Turnage
252-441-0239
1 of 1 9/21/2004 1:48 PM
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing WETLANDS/ 401 GROUP
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification WATER QUALITY SECTION
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Infonnation
Name: / U I < Dana Cooke
Mailing Address: 220 Holowell Road
Aulander, NC 27805
Telephone Number: see agent # Fax Number: N/A
E-mail Address: N/A
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Kendall Turnage
Company Affiliation: Environmental Professionals, Inc.
Mailing Address: P.O. Box 3368
Kill Devil Hills, NC 27948
Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address: environin entalpro(cTearthlink.net
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Dana Cooke
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 14070912969923
4. Location
County: Dare County Nearest Town: Nags Head
Subdivision name (include phase/lot number): Parcel in South Nags Head
Directions to site (include road numbers, landmarks, etc.): Off NC 1243 South (Old Oregon
Inlet Road) lot is south west of Harvest Street and Old Oregon Inlet intersection, north of
East Tide Street
5. Site coordinates, if available (UTM or Lat/Long): N35°89'20..2" W75°58'97"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential (site is currently undeveloped).
7. Property size (acres): 0.31889 ac (13890.47 SF)
8. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean
9. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://1i2o.enr.statc.nc.us/adminhnaps/.)
Page 2 of 8
10. Describe the purpose of the proposed work: to prepare the site for residential construction
per plans attached
11. List the type of equipment to be used to construct the project: dump truck and front end
loader
12. Describe the land use in the vicinity of this project: Residential/Vacation Homes
National Park Service Lands
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.
Jurisdictional Determination Action ID #200411585 7/02/04
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
None anticipated
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 3 of 8
1. Wetland Impacts
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
(es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
1 404 wetland fill 0.10 ac. Yes Forested wetland
* 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 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0 .233 acre
Total area of wetland impact proposed: 0.10 acre
2. Stream Impacts, including all intermittent and perennial streams N/A
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
N/A N/A N/A N/A N/A N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If strcam 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.us!s.eov. Several internet sites also allow direct download and printing of USGS maps (e.g., wvAy.topozone.com,
„tivtiv.mapqucst.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name
Wate Type of Waterbody
Site Number Type of Impact* Impact )
(if applicable) (lake, pond, estuary, sound
indicate on ma acres bay, ocean, etc.
N/A N/A N/A N/A N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Page 4 of 8
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Fill is necessary for this project, in order to meet Dare County septic setbacks and Nags Head
Zoning ordinances.
Silt fence will be placed at the wetland/fill interface to prevent inadvertent fill into adjacent
wetlands.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
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
litti)://Ii2o.enr.state.ne.us/ncwetlands/strm?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
Page 5 of 8
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.
In Lieu Payment will be made to the NCEEP f at a ratio of 2:1 to the fill area.
NCEEP contacted on September 2, 2004.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.ne.iishvm/index.hhrn. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): 0.2
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
Page 6 of 8
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 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
Gone l extends out JU feet perpendicular ttom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or.0260.
Buffer mitigation is not required for this project
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No impervious areas exist at this time. Nags Head zoning regulations will limit the impervious
area to 30 % or less.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On site septic system per Dare County Health requirements will be constructed on site once fill
areas create adequate setbacks per plans by engineer.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Page 7 of 8
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).
N/A
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
Dana Cooke
220 Hollowell Road
Aulander, N.C.
Re: Penn # 070912969923
Parcel # 007974000
I Dana Cooke hereby authorize Enviromnental Professional Inc. to pursue environmental
permits on my behalf on the lot located at 8530 Old Oregon Inlet Road, Nags Head
27959.
I obtained permission from current owners to proceed with this process.
? L
Dana Cooke
6/16/04
%,U(3bL d(Ia ueoaetlc Survey
shed by the Geological Survey
A (C) and USGS
' photogrammetric methods from aerial
949. Topography by planetable surveys 1950 MN
GN
is data
compiled
from NO
S surveys
-1942) 9'
°
'
formation.
This
information is not intend 20
160 MILS 0
S 6 MILS
10.000 foot grid ticks basod on North Carolina
Im-meter universal Transverse Mercator
Ihown in blue. 1927 North American Datum UTM GRID AND 1983 MAGNETIC NORTH
ICted North American Datum 1983 move the
the
s
3 DECLINATION AT CENTER OF SHEET
ters south and
31 as by meters west
shown Revisions shown in purple and woodland compiled by the
Geological Survey in cooperation with State of North
inhnlriince wifk;, +L-_ Carolina agencies from aerial photographs taken 1 aRn
I -- Z
1000 0 1000 2000
E=r-F
1 .5
CONTOL
NATIONAL GEODI
DEPTH CURVES AND SOUNDII
THE RELATIONSHIP BE
SHORELINE SHOWN REPRESE
THE MEAN RANGE OF
AND 2
THIS MAP COMPI IFC urn.
U.S. ARMY CORPS OF ENGINEERS
0Z
WILMINGTON DISTRICT OA
Action Id. 200411585 County: Dare U.S.G.S. Quad: Roanoke Island NE NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Dana Cooke
Address: 220 Hollowell Road
Aulander, North Carolina
Telephone No.:
Size and location of property (waterbody, road name/number, town, etc.) Lot contains 0.22 acres located at 8530 Old
Oregon Inlet Road, Nays Head, Dare County, North Carolina.
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of th. 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 7/20/2004. 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 no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (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.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine
their requirements.
Remarks:
Corps Regulatory Official: zp ?W , l
Date 07/20/2004 Expiration Date 07/20/2009
Page 1 of 2
.
Action Id. 204411585
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC S 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Wescott at 252-975-1616 .
Basis For Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual
and is Dart of a broad continuum of wetlands located mostly on Cape Hatteras National Seashore and adjacent to
Roanoke Sound.
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated
Determination Information Sheet" to the file copy of this form.
Page 2 of 2
. 1
x?
ENVIRONMENTAL
PROFESSIONALS
==-- IN L.
PLANNING FOR September 2, 2004
A BETTER
ENVIRONMENT
NC Ecological Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699-
RE: Dana Cooke, In Lieu Payment Request for Mitigation
To Whom It May Concern:
Our client Dana Cooke is applying for a Nationwide #18 fill application and is requesting in lieu payment
for wetland impacts associated with her project in South Nags Head, NC. The Army Corps of Engineers
and the Division of Water Quality will require Ms. Cooke to purchase 0.2 acres of non riparian wetland
mitigation from your office (at a 2:1 ratio for the wetland impacts).
Please provide Environmental Professionals Inc. with a response that the NCEEP is willing to accept
payment to meet the mitigation requirements.
Please do not hesitate to call us if you have any questions
Sincerely
Environmental Professionals, Ine'?`?
Kendall Tumage
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368 •252-441-023
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SURVEY FOR:
DANA COOKE
Lot in South Nags Head
Dare County, North Carolina
I, DONALD E. WOOD, CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE FILE:0149A
UNDER MY SUPERVISION: THAT THE BOUNDARIES NOT SUR- REF: SEE NOTE
VEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM F.I.R.M. 3753560014D(12/20/01)
INFORMATION FOUND IN PC C, SLIDE 4E. THE ERROR OF FLOOD ZONE AE(10)
CLOSURE AS CALCULATED BY LATITUDES AND DEPARTURES PIN NO. 14070912969923
IS 1:10,000+; THIS PLAT DOES NOT MEET REQUIREMENTS
OF GS 47-30 AS AMENDED FOR PLAT BOOK RECORDATION
WITNESS MY, ORIGINAL.SIGNATURE, REGISTRATION NUMBER
AND SEAL?HIS -nl'DAY•OF,jULY, 2004.
EASTERN DEVELOPMENT SERVICES
P.O. BOX 433, KITTY HAWK, N. C. 27949
252-441-9443,252-202-9443, FAX-252-441-9424
WQC #3402
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 18 (MINOR DISCHARGES)
39 (RESIDENTIAL, COMMERCIAL AND INSTITUTIONAL DEVELOPMENTS),
41 (RESHAPING EXISTING DRAINAGE DITCHES), 42 (RECREATIONAL FACILITIES),
43 (STORMWATER MANAGEMENT FACILITIES) AND 44 (MINING ACTIVITIES),
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of
the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H,
Section .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters and adjacent wetland areas or to
wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United
States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (18, 39, 41, 42, 43 and 44) of the Corps of
Engineers regulations (i.e., Nationwide Permit No. 39) and for the Riparian Area Protection Rules (Buffer Rules) in 15A
NCAC 2B .0200. This Certification replaces Water Quality Certification Numbers 3106 and 3108 issued on February 11,
1997, and Water Quality Certification Number 3287 issued on June 1, 2000 and Water Quality Certification Number 3362
issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-authorizes Nationwide Permits 18, 39,
41, 42, 43 or 44 or when deemed appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections
301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions
hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts: I\
• Streams - Impacts to streams as determined by the Divisior of Water Quality shall be measured as length of
the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall be enumerated
on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations
and stream bed and/or bank hardening are considered to be permanent stream impacts. Any activity that
results in a loss of use of stream functions including but not limited to filling, relocating, flooding, excavation,
dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall
include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including construction impacts) spans the
entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered
to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other
modification of the existing stream dimension, pattern or profile occurs) count towards mitigation
requirements. Any filling, excavation, relocation or other modification of the existing stream (other than
flooding) must re-establish the same dimensions, patterns and profiles of the existing channel (or those of a
stable reference reach if the existing channel is unstable) to the maximum extent practical.
• Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area.
Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland
functions including but not limited to filling, excavating, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland
when a 404 Permit is used anywhere in a project.
• Lakes and Ponds - Impacts to waters other than streams and wetlands as determined by the Division of
Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any
activity that results in a loss of use of aquatic functions including but not limited to filling and dredging shall be
considered waters impacts.
Application Thresholds - Stream, wetland and water impacts that exceed any of the thresholds below require a
complete application and written concurrence to use this Certification:
• Total stream impacts of greater or equal to 150 cumulative feet of stream length for the entire project require
written notification to and approval by the Division of Water Quality, and/or
• Impacts to waters of equal to or greater than 1/3 of an acre require written notification to and approval by the
Division of Water Quality, and/or
• Wetland impacts of greater or equal to 1/3 of an acre east of 1-95 and 1/10 of an acre west of 1-95 require
written notification to and approval by the Division of Water Quality except as specified below. Any impacts to
wetlands adjacent to waters designated as ORW, SA, WS-I, WS-II or Trout or are designated as a North
WQC #3402
• Unless specified otherwise in the approval letter, the final, written stormwater management plan shall be
approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this
Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved
by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site, the facilities (as
approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan
(as approved by the Wetlands Unit) shall be implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be
maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream
impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and WS-II unless the
project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance;
6. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water Quality
Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees;
7. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of wetlands for an entire
project. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require
mitigation. In addition, buffer mitigation may be required for any,.project with Riparian Area Protection Rules
(Buffer Rules) in effect at the time of application for buffer impacts resulting from activities classified as "allowable
with mitigation" within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this
Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written
plans submitted for DWQ approval as required in those protocols. When compensatory mitigation is required for a
project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification
occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case of public road projects, the
mitigation plan must be implemented before the road is opened to the travelling public. Please note that if a
stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for Stream Work
in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts
resulting from the relocation;
8. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401
application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns
and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the
maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into
the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native
woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide
vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap, A-Jacks, concrete, gabions or other
hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-rap coverage requested.
If suitable stream mitigation is not practical on-site, then stream impact will need to be mitigated elsewhere.
Please note that if a stream relocation is conducted as a stream restoration as defined in The Internal Technical
Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation
for the impacts resulting from the relocation;
9. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of
the streambed to allow low flow passage of water and aquatic life unless it can be shown to DWQ that providing
passage would be impractical. Design and placement of culverts including open bottom or bottomless arch
culverts and other structures including temporary erosion control measures shall not be conducted in a manner
that may result in aggradation, degradation or significant changes in hydrology of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when
roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands,
Certificate of Completion
DWQ Project No.:
Applicant:
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.: Date:
DWQ# Date /J Who Reviewed:
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.
v
P Please show all wetland impacts including fill slopes on the site plan.s?
Please indicate all buffer impacts on the site plan. 1 `
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage. --- - - - - - -
? Please locate any planned sewer lines on the site plan.
Please provide the location of any proposed stormwater management practices as required by GC 3'7 Q
L Please provide detail for the stormwater management practices as required by GC
i Please specify the percent of project imperviousness area based on the estimated built-out conditions.
Please indicate all stormwater outfalls on the site plan.
1\ .
? 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 41itiodal
information as to why it is necessary or this project.
UU 0"RC01 ?a?k f? t
This Of?ce believes that the labeled-et can be moved or reconfigured to avoid the impacts to the
VW-0M, Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? 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,
Mitigation
copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 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.
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' ENVIRONMENTAL:RRO ?.ESSIONALS, INC.
Planning. For A, Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH, CAROLINA 27948
39 441.
FAX (25 ) 441-0721
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WE ARE SENDING YOU Attached ? Under separate cover via _
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? Shop drawings ? Prints ? Plans
? Copy of. letter ? Change order ?
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
For approval.
? For your use
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For review and comment
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REMARKS
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