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HomeMy WebLinkAbout20040434 Ver 1_Complete File_20040322 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality April 23, 2004 DWQ# 04-0434 Currituck County W, G, Hand L Investement, LLC Clo Mr. Kendall Turnage 1248 Duck Road, Suite 201 Duck, NC, 27949 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Turnage: You have our approval, in accordance with the attached conditions, to place fill in 0.092 acre of wetlands in order to construct a tennis court at the Kilmarlic Health and Racquet Club in Currituck County, as described in your application received by the Division of Water Quality on March 22, 2004. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402, which can be downloaded from our web site at htto:/lh20.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit 18 when issued by the Corps of Engineers. In addition, you should get any other fe.deral, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, Coastal Stormwater and U.S. Coast Guard regulations. Also this approval will expire when the accompanying CAMA 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 may be required to send us a new application for a new certification. If the 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. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 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. 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 Preconstruction Notice Application. 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; 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.uslncwetlands) Customer Service #: 1-877-623-6748 fiLE COpy Office Use Only: Form Version October 2001 USACE Action ID No. u 4 04~\WQNO. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A" rather than leaving the space blank. 'C- I. Processing 1. Check all ofthe approval(s) requested for this project: ~ Section 404 Permit D Section 10 Permit ~ 401 Water Quality Certification D Riparian or Watershed Buffer Rules MAN 2 2' , w' . 2DD4 ,..J. 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: D 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: ~ *** Conservation Easement to NC EEP 3.765 acres n. Applicant Information 1. Ownerl Applicant Information Name: W. G. Hand L Investments. LLC Mailing Address: 1248 Duck Road. Suite 201 Duck. NC 27949 Telephone Number: 252-255-0331 E-mail Address: Not available, see agent Fax Number: 252-255-0330 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: PO Box 3368 Kill Devil Hills. NC 27948 Telephone Number: 252-441-0239 Fax Number: 252-441-0721 E-mail Address:environmentalpro@earthlink.net Page 1 of8 ill. 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: Kilmarlic Health and Racquet Club 2. T.I.P. Project Number or State Project Number (NCDOT Only): NI A 3. Property Identification Number (Tax PIN): 0124-000-0054-0000 4. Location County: Currituck Nearest Town: Mamie Subdivision name (include phase/lot number): Tract L Sarah E Forbes Property. Directions to site (include road numbers, landmarks, etc.): traveling south on US 158. turn west onto NCSR 1112. Site is approximately 400 feet north of the overhead powerline crossmg. 5. Site coordinates, if available (UTM or LatlLong): N 36d 7' 20" W 75d 50' 13" (Note -'- If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Describe the existing land use or condition of the site at the time of this application: Vacant 7. Property size (acres): 14.07 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Albemarle Sound 9. River Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins, The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of8 10. Describe the purpose of the proposed work: To provide area for tennis court 11. List the type of equipment to be used to construct the project: pavers. etc. Dump truck. Backhoe 12. Describe the land use in the vicinity of this project: Residential. golf course. restaurants. fire station IV. Prior Project History If jurisdictional determinations andlor 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 ill 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. USACE Jurisdictional determination by William Wescott 10/30/03. No other wetland impacts have occurred on site. The on site borrow pits were determined by the US Army Corps of Engineers NOT to be Sec. 10. 404 wetlands or Isolated wetlands. due to the lack of naturalization of the shoreline and the fact they were excavated entirely in uplands. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: No. this fill application will be the only request. All remaining 3.765 acres of 404 wetlands to be placed under a conservation easement to NC EEP. VI. Proposed Impacts to Waters of the United StateslWaters 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 of8 1. Wetland Impacts Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on map) (acres) (yes/no) (linear feet) 1 fill 0.092 yes gentle slope in cleared area. * 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.;!L~J!<ill~'&'Q.y'. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of existing wetlands on the property: 3.857 acres Total area of wetland impact proposed: 0.092 acres 2. Stream Impacts, including all intermittent and perennial streams N/A Stream Impact Length of Average Width Site Number Type of Impact* Impact Stream Name** of Stream (indicate on ma ) (linear feet) Before 1m act 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 wa1l, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the origina1 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 ~,JJ.~g[,,gQy'. Severa1 internet sites also allow direct download and printing of USGS maps (e.g., ~JQP_Q?;Qn~_&QID., www.mapquest.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 of Waterbody Type of Water body Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound, (indicate on map) (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 (Existing borrow pit to be reconfigured into Stormwater basin) 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): IZI uplands D stream D wetlands Page 4 of8 Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Excavator. bulldozer. dump trucks Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Stormwater basin for development NC DWO stormwater permit applied for by Bissell Professional Group Size of watershed draining to pond: to be converted to stormwater basin (see stormwater permit and plans Bissell Professional Group) Expected pond surface area: 0.6 acres vn. 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. Upon investigating the potential for an additional tennis court. the other tennis courts were shifted around in various site arrangements. In order for the stormwater controls to work properly and to minimize wetland fill areas. the most practical alternative was the present design solution. Other fill possibilities would have resulted in elevated wetland impacts on the site. and further clearing. This area was the closest to the stormwater basin for stormwater conveyance through the proposed stormwater system. Due to the large stormwater basin and septic system no upland areas were remaining that could support this use and still be centralized the development and stormwater controls. 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 andlor 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. Page 5 of8 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h20.em.state. nc. uslncwetlandsl 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 andlor map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e. g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The entire remaining 3.765 acres of 404 iurisdictional wetlands will be placed under a permanent conservation easement to NCEEP. This will be recorded prior to fill activities. 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 web site at http://h2o.enr.state.nc.us/wro/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: ***Conservation easement to NC EEP: 3.765 acres 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): N/A Amount of Coastal wetland mitigation requested ( acres): NI 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 0 No X If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEP A1SEP A)? Note: If you are not sure whether a NEP A1SEP A document is required, call the SEP A coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes 0 No X Page 6 of8 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 D No D N/A X. Proposed Impacts on Riparian and Watershed Buffers (nwQ 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 map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes D No X If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * Zone I extends out 30 feet perpendicular from near bank of charmel; 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 I Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. N/A XI. Stormwater (nwQ 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. 36.77% of the site will be impervious. A NCDWO stormwater permit has been obtained from the Washington Regional office for the development activities. SW # 7031011 Page 7 of8 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 will serve the development. State and local approval will be required prior to construction. Bissell Professional Group (engineer) will apply for these permits as necessary. xm. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes D No X Is this an after-the-fact permit application? Yes D No X 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). No time or sequencing constraints known by applicant. '~~ L~~41 ?_ A13plicantlAgent's Signature Da e (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of8 MAR-l0-2004 WED 03:59 PM R LAWSON CONSTRUCTION CO FAX NO. 252 255 0330 e~r1012eG4 16: SS ~5244Hl721 EJNIRCINMENTAL. PROPES Agent Authorization Letter P. 02 PAGE 62 ~ I t. \1 I, I, Rob IAIWS{ln) hereby autllorize Env.irQnm,cmtal Professionals, Inc. ' apply for a Nationwide #18 application and provide information on Iny be 'air On the Kilmarlic Health and Racquet Club in Currituck County~ NC. B.Q1l1lWSi11l. Name A'~~~ grv'N.Y. ----ZlB~. ._~.........______ Title~r' fbrW, 0, Hand L Illvestm~nts, L,L.C. 1.." !2G'"' ;1(LL .' ~. f), - -~~ ....."-'- -_...~ - Signature ~-.. ~_'""..'""~_w.."_,,___...._____........ 31'/ tJ '()C,/ - -~ g_"'i"~___-""I_ Date :3 .. Date: )t....) g .; o&{ . To: D ARO D FRO D :MRO D RRO From: !J,i/tJ.IlJ.- ., Triage Check List Project Name: ____ K: / ffIO,f h I~ .J- ~ DWQ#: - County: ~ &fYl'lt.. (., ~ Mike Parker . Ken Aventte Alan Johnson Steve Mitchell ~ WaRO D WiRO D WSRO Tom Steffens Noelle Lutheran Daryl Lamb Telephone: (919) 71 J -I 7 ~ , The fIle attached is being forwarded to your for your evaluation. Please call if you need assl~tance. D Stream length impacted D Stream determination D Wetland determination and distance to blue-line surface waters on USFW topo maps ~ Minimization/avoidance issues D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) D Pond fill o Mitigation Ratios D Ditching D Are the stream and or wetland mitigation sites available and viable? Scheck drawings for accuracy D Is the application consistent with pre-application meetings? D Cumulati:ve impact concern Comments: P.lb +kr~ A.-, o+Le, kaJu'4! 4"-'~ ~ I\JO~ h ~J4.^J 'lfJUJn., .~;...,..J-. :>o~ ~~ . ~oSsilo<.. J(/1.:n.~-4 ~~ (l)\ vJeS-t- ~,'t:k ~ 10/ bC'I.\I~MnuJ-? TO ENVIRONMENTAL PROFESSIONALS, INC. Planning For A Better Environment P.O. Box 3368 KILL DEVIL HILLS, NORTH CAROLINA 27948 (252) 441-0239 FAX (252) 441-0721 Toh.1'I. {Jamey / ,/UC J)WQ VeJ I L-ert-t'.p / (' e:L i-/cJ1<- [b@IlIl@w @~ 1lW&[}D@[N]OIlIl&[b DATE JOB NO. G.2 ~;;l.O tb f!) 1.'<< n A f\ .~ ::::J; ~r RE: ATTENTION ~ cl11I'111 . : l..l C y" ; WE ARE SENDING YOU .xAttached 0 Undw s~patate cover via > o Shop drawings 0 Prints 0 Pli'lns o Copy of letter o Samples the fOllo~g items: . ,'. l.g::~e~allo.es 2004 ) o Change order o "'--.' e~{i ~,., . '" COPIES DATE NO. DESCRIPTION ""-;ii 7 Ai 0.-1-7' e)... ....,..' doe ~l I - /g A-h? !r'e..e:t +) t!J k (. . Otuk. 7-q /V C j) C"v ;e '!tOY f ~ CJCJ,(!jO > . THESE ARE TRANSMITTED as checked below: ~ For approval o For your use o Approved as submitted o ,Approved as noted o Resubmit o Submit copies for approval > o As requested copies for distribution o Returned for corrections. o Return corrected prints o For review and comment o o FOR BIDS DUE o PRINTS RETURNED AFTER LOAN TO US REMARKS . .__n.._;,' __<__ -- --'-.,----.. ~ ----"'-'._,,~~.......... -=<C""",",~"'.r.m-..__.,.",_,...._____.__~__..___._ SIGNED, ~ ~ If enclosures are not as noted, kindly notify us at once. COpy TO MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: WQ Supervisor: Date: tom Steffens roger thorpe SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Stream Impacts (ft.) .. I I Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON Have Project Changes/Conditions Been Discussed With Applicant? 0 YON Is Mitigation required? 0 YON Recommendation: 0 Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Issue n/c cc: Regional Office Central Office Page Number 1