HomeMy WebLinkAbout20040019 Ver 1_COMPLETE FILE_20040107Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen 11 Sullins, Deputy Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
. Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
Fax To: Ilk OFax #:
Company: ?k- kt (\e-- Ce? --Ir Date: 13
Number of pages including cover sheet:
Notes or special instructions:
126 C_
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N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax),,(http://h2o.enr.state.ne.uslncwetlmds
OF wHT 4?QG
February 23, 2004
DWQ# 04-0019
Dare County
Mr. Johnny Robbins
Skyco Development Co., LLC
P.O. Box 1879
Manteo, NC, 27954
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Robbins:
You have our approval, in accordance with the attached conditions, to place fill in 0.085 acre of wetlands in order to
relocate a municipal well for Dare County, as described in your application received by the Division of Water Quality on
January8, 2004. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands . This
Certification allows you to use Nationwide Permit Number 18 when issued by the U.S. Army Corps of Engineers. In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you maybe required to send us anew applicationifor anew certification. If4he,
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form.
to notify NCDWQ when all work included in the 401 Certification has been completed. The responsible party shall
complete the attached form and return it to the 4011Wetlands Unit of the NC Division of Water Quality upon
completion of the project;
2. 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.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc..us/ncwetlands)
Customer Service #: 1-877-623-6748
tvttcnaet v. t:astey, tiovemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Johnny Robbins
February 23, 2004
Page 2 of 2
3. 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. 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.
If you do not accept any of the conditions of this certification, 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,
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 Tom Steffens in our Washington Regional Office at 252-946-6481 or Cyndi Karoly in our
Central Office at 919-733-9721.
Sincerely,
e
Alan W. Klim k, P.E.
AWK/cbk.
Attachments
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
Central Files
File Copy
Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949
040019
f
Triage Check List
Date: Project Name:
To: ? ARO /like Parker
? FRO Ken Averitte
? MRO Alan Johnson
? RRO. Steve Mitchell
From: Amanda Mueller
DWQ#: QY 00/2-
County: Dare
X' WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) ?lS-317f
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
® Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? . Are the stream and or wetland mitigation sites available and viable?
® Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
Aat would Caused Ly consfiru.c?im oioes cfC
January 2, 2004
'AN 0 7 2004
John Dorney /
NCDENR DWQ : f WATER QUALITY 4401 Reedy Creek Road 3?,T1??
Raleigh, NC 27607
Dear Mr. Dorney:
Please find enclosed an application and associated documentation for a Nationwide 18 Fill Permit. The
permit request has been submitted to your attention by Quible and Associates on behalf of Skyco
Development, LLC.
The enclosed permit application is a request to backfill 0.085 acres of Section 404 wetlands at the above
mentioned site. The backfill is necessary for the construction of a municipal water supply well. The well
will be a replacement for the current Dare County Municipal Supply Well designated #9. The current
location of Well #9 is an upland area that is needed for the disposal of dredged spoils from the Wanchese
to Manteo Channel dredging project in the Croatan Sound. Therefore, it is proposed that the Well #9 be
relocated to the area indicated on the enclosed plat.
Please note, the proposed well site is approximately 0.926 acres in total area with 0.085 acres of Section
404 wetlands and is part of a larger parcel of land that measures 171.22 acres with 150.91 acres defined
as Section 404 wetlands.
Please find enclosed seven copies of the Nationwide Permit Application, a plat showing the new location
of the Well #9, the relevant portion of the Dare County Tax Map showing the current location of the well
and the proposed location and the relevant portion of the Wanchese-USGS 7.5 minute topographic
quadrangle.
Please do not hesitate to contact the undersigned at (252) 261-3300 with any questions or comments
concerning this matter.
Sincerely,
Quible nd Associates, P.C.
Q
Wa en adus
Staff Geologist
cc William Wescott, USACOE
John Southerland, NCDENR DWR
Johnny Robbins, Skyco Development, LLC
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(It any particular 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: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (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
1. Owner/Applicant Information
Name: Skvco Development Co., LLC
Mailing Address: P.O. Box 1879
Manteo, North Carolina 27954
Telephone Number: (252) 441-3051 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:
Company Affiliation: Ouible & Associates P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk, NC 27949
Telephone Number: (252) 261-3300 Fax Number: (252) 261-1260
E-mail Address: guible(a)earthlink.net
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: Skvco Development Co., LLC
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 978808997585
4. Location
County: Dare Nearest Town: Wanchese
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Site is approximately one mile
south of the intersections of US 264/64 along State Road 345 near the town of Wanchese.
5. Site coordinates, if available (UTM or Lat/Long): 35°52'47.1" N, 75°39'33.3"
(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): 0.926
7. Nearest body of water (stream/river/sound/ocean/lake): UT Croatan Sound
8. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hqp://h2o.enr.state.nc.us/adminJmaps/.)
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 is currently under development as a campground.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
project includes the backfill of .085 acres of Section 404 wetlands needed to relocate a
municipal well for Dare County. A bulkhead will be constructed to stabilize the area of
wetlands and then the -portion needed for the construction of the well will be backfilled.
Equipment will include dump trucks, excavators, compaction equipment and drilling rigs
with supporting vehicles.
11. Explain the purpose of the proposed work: The backfill of the Section 404 wetlands is
necessary for the construction of the municipal water supply well, which needs to be moved
because the upland area where the current well is located is needed to contain spoils from the
dredging that is scheduled to take place in the Croatan Sound.
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.
None.
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 7 of 12
1. Provide a written description of the proposed impacts: An area measuring .085 acres
indicated on the proposed plat will be filled so that a municipal water supply well can be
constructed.
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***
Shaded on plat backfill .085 yes 1,200 Section 404
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.2ov.
*** 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: 0.435 acres
Total area of wetland impact proposed: 0.085 acres
3. Individually list all intermittent and perennial stream impacts below: NA
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?
lease s ecify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.QRov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.maquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: NA
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name ofWaterbody
(if applicable)
Type ofWaterbody
(lake, pond, estuary, sound,
bay, cean, 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 NA
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.
The proposed area to backfill was chosen as _a new site to install a communitv supply well. The
current location of the well is in an upland area that is needed for disposal of dredged soils from
the Croatan Sound -Manteo to Wanchese Dredging Project.
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.
Page 9 of 12
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 fimction 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
hqp://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
0.35 acres of adjacent wetland will be preserved through a conservation easement with a
-preservation to fill ratio of 4 to 1. The area of preservation is shown on the enclosed plat.
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):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Page 10 of 12
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 V
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.
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.
Page 11 of 12
XI. Stormwater (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.
Approximately nine square feet of impervious area is proposed, this area is an estimate based on
conversations with the Dare County Public Works Department. An existing gavel road
measuring approximately 13 feet wide and 210 feet in length (-2,730 sf) runs through the
proposed area of relocation. The gravel road is at a lower grade than the adjacent upland and the
adjacent wetland is at a lower grade than the road. Pervious substrate will act as a stormwater
control measure for the proposed impervious area.
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.
Non-discharge.
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).
None
7 ( 6
Ap is t/ gent's Sig ture Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Location: 035° 52'47.5" N 075° 39'
Caption: Figure 1
Site Location Map
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NOTES:
1. OWNER: SKYCO DEVELOPMENT CO., L.L.C.
P.O. BOX 1879
MANTEO, NORTH CAROLINA 27954
2. PIN NUMBER: N/A
3. PARCEL AREA: +171.22 TOTAL ACRES; DARE COUNTY WELL
RELOCATION AREA 0.926 ACRES
4. SURVEY INFORMATION TAKEN FROM PLAT PREPARED BY
WESLEY M. MEEKINS, JR., PLS
5. WETLANDS LINE HAS BEEN ESTABLISHED BY USACE
TOTAL WETLAND AREA TO BE FILLED: 3,702.6 SF (0.085 AC)
TOTAL WETLAND AREA : (0.435 AC)
6. PROPOSED WORK: BACKFILL OF 0.085 ACRES OF SECTION 404
WETLANDS FOR FUTURE MUNICIPAL WATER SUPPLY WELL.
A BULKHEAD WILL BE CONSTRUCTED ON THREE SIDES OF
OF THE AREA SHOWN TO BE BACKFILLED. -
7. PROPOSED IMPERVIOUS COVERAGE: 9 SF BASED ON CONVERSATION
D
DEPE
WILL
COVERA
IMPERVIOUS
AL
C
. ACTU
PLOYEE
2 30 SF
STING COVER GE
ON DARE CCOUNTY CONSTR CTI)ON PLANS.
8. THERE WILL BE NO WETLAND DISTURBANCE BEFORE A NATIONWIDE 18
PERMIT IS OBTAINED
E -° i
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PROPOSED LOCATION OF s
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MEMORANDUM
TO: John Dorney Regional Contact: tom steffens
Non-Discharge Branch WO Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Skyco Development Co., LLC County Dare
Project Number 04 0019 County2
Recvd From APP Region Washington
Received Date 1/7/04 Recvd By Region
Project Type backfill for municipal water supply well
Certificates . Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ino
IS 404 O _0N 30 20-(2) SA HQW 30,151. 0.09 F- ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? p Y O N Recommendation: Q Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 255247 Longitude (ddmmss) 753933
Comments:
Issue n/c
cc: Regional Office
Central Office Page Number 1
0 401319 C? ? r?Aa 40
, r,f n? 1 C
JA
AI 0 7 2004
??'r3r
u i??
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January 2, 2004
John Dorney
NCDENR DWQ
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr. Dorney:
Please find enclosed an application and associated documentation for a Nationwide 18 Fill Permit. The
permit request has been submitted to your attention by Quible and Associates on behalf of Skyco
Development, LLC.
The enclosed permit application is a request to backfill 0.085 acres of Section 404 wetlands at the above
mentioned site. The backfill is necessary for the construction of a municipal water supply well. The well
will be a replacement for the current Dare County Municipal Supply Well designated #9. The current
location of Well #9 is an upland area that is needed for the disposal of dredged spoils from the Wanchese
to Manteo Channel dredging project in the Croatan Sound. Therefore, it is proposed that the Well #9 be
relocated to the area indicated on the enclosed plat.
Please note, the proposed well site is approximately 0.926 acres in total area with 0.085 acres of Section
404 wetlands and is part of a larger parcel of land that measures 171.22 acres with 150.91 acres defined
as Section 404 wetlands.
Please find enclosed seven copies of the Nationwide Permit Application, a plat showing the new location
of the Well #9, the relevant portion of the Dare County Tax Map showing the current location of the well
and the proposed location and the relevant portion of the Wanchese-USGS 7.5 minute topographic
quadrangle.
Please do not hesitate to contact the undersigned at (252) 261-3300 with any questions or comments
concerning this matter.
Sincerely,
Quible and Associates,
V
Warren s
Staff Geologist
cc William Wescott, USACOE
John Southerland, NCDENR DWR
Johnny Robbins, Skyco Development, LLC
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(1r any particular 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: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (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
1. Owner/Applicant Information
Name: Skyco Development Co., LLC
Mailing Address: P.O. Box 1879
M_ anteo, North Carolina 27954
Telephone Number: (252) 441-3051 Fax Number:
E-mail Address:
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:
Company Affiliation: Ouible & Associates P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk, NC 27949
Telephone Number: (252) 261-3300 Fax Number: (252) 261-1260
E-mail Address: guible(a)earthlink.net
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: Skyco Development Co., LLC
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 978808997585
4. Location
County: Dare Nearest Town: Wanchese
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Site is approximately one mile
south of the intersections of US 264/64 along State Road 345 near the town of Wanchese.
5. Site coordinates, if available (UTM or Lat/Long): 35°52'47.1" N, 75°39'33.3"
(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): 0.926
7. Nearest body of water (stream/river/sound/ocean/lake): UT Croatan Sound
8. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.)
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 is currently under development as a campground.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
project includes the backfill of .085 acres of Section 404 wetlands needed to relocate a
municipal well for Dare County. A bulkhead will be constructed to stabilize the area of
wetlands and then the portion needed for the construction of the well will be backfilled.
Equipment will include dump trucks, excavators, compaction equipment and drilling rigs
with supporting vehicles.
11. Explain the purpose of the proposed work: The backfill of the Section 404 wetlands is
necessary for the construction of the municipal water supply well, which needs to be moved
because the upland area where the current well is located is needed to contain spoils from the
dredging that is scheduled to take place in the Croatan Sound.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
Provide a written description of the proposed impacts: An area measuring .085 acres
indicated on the proposed plat will be filled so that a municipal water sMlly well can be
constructed.
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***
Shaded on plat backfill .085 yes 1,200 Section 404
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hgp://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.) 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: 0.435 acres
Total area of wetland impact proposed: 0.085 acres
3. Individually list all intermittent and perennial stream impacts below: NA
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
www.usgs.Q'-ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mayguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: NA
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, cean, 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 NA
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.
The proposed area to backfill was chosen as a new site to install a communitv supply well. The
current location of the well is in an upland area that is needed for disposal of dredged soils from
the Croatan Sound -Manteo to Wanchese Dredaina Project.
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.
Page 9 of 12
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
hllp://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
0.35 acres of adjacent wetland will be preserved through a conservation easement with a
preservation to fill ratio of 4 to 1. The area of preservation is shown on the enclosed plat.
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 htt2://h2o.enr.state.nc.us6wrp/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
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Page 10 of 12
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 V
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.
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.
Page 11 of 12
XI. Stormwater (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.
Approximately nine square feet of impervious area is proposed, this area is an estimate based on
conversations with the Dare County Public Works Department. An existing gravel road
measuring approximately 13 feet wide and 210 feet in length 02,730 sf) runs through the
proposed area of relocation. The gravel road is at a lower grade than the adjacent upland and the
adjacent wetland is at a lower grade than the road. Pervious substrate will act as a stormwater
control measure for the proposed impervious area.
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.
Non-discharge.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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).
None
/ r-Z ?0 f -
Apllicantl&gent's SNnature Date
(Agent's signature is valid only'
n y if an authorization letter from the applicant is provided.)
Page 12 of 12
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NOTES:
1. OWNER: SKYCO DEVELOPMENT CO., L.L.C.
P.O. BOX 1879
MANTEO, NORTH CAROLINA 27954
2. PIN NUMBER: N/A
3. PARCEL AREA: 1171.22 TOTAL ACRES; DARE COUNTY WELL
RELOCATION AREA 0.926 ACRES
4. SURVEY INFORMATION TAKEN FROM PLAT PREPARED BY
WESLEY M. MEEKINS, JR., PLS
5. WETLANDS LINE HAS BEEN ESTABLISHED BY USACE
TOTAL WETLAND AREA TO BE FILLED: 3,702.6 SF (0.085 AC)
TOTAL WETLAND AREA : (0.435 AC)
6. PROPOSED WORK: BACKFILL OF 0.085 ACRES OF SECTION 404
WETLANDS FOR FUTURE MUNICIPAL WATER SUPPLY WELL.
A BULKHEAD WILL BE CONSTRUCTED ON THREE SIDES OF
OF THE AREA SHOWN TO BE BACKFILLED.
7. PROPOSED IMPERVIOUS COVERAGE: -9 SF (BASED ON CONVERSATION
WITH SKYCO WATER EMPLOYE. ACTUAL IMPERVIOUS COVERAGE WILL DEPEND
ON DARE COUNTY CONSTRUCTION PLANS. EXISTING COVERAGE 2,730 SF.
8. THERE WILL BE NO WETLAND DISTURBANCE BEFORE A NATIONWIDE 18
PERMIT IS OBTAINED
N 44'13'65' E
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T LOCATION OF
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NATIONWIDE #18 PERMIT SITE PLAN
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WANCHESE
NAGS HEAD TWSP. DARE CO. N. CAROLINA
SCALE 1"=100' FILE Na P99019.WAN-714-03 DALE 12/30/0:.
Quible and Associates, P.C.
ENGL? IRS, PLANNERS, ENMONMNTAL SCIENCES
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