HomeMy WebLinkAbout20070170 Ver 1_401 Application_2007010720070170
mar e
& ASSOCIATES, LTD.
January 26, 2007
NCDENR -Division of Water Quality
401 Wetlands Unit
2321 Crabtree Blvd
Raleigh, NC 27604
ATTN: Cynthia Karoly
RE: Laurel Woods -Section C,
Dear Ms. Karoly:
It has come to my attention we are missing the 401 Certification for the above
referenced project. In talking with Chris Pullinger of the Washington Regional Office, he
advised me that one was never issued due to DWQ not receiving the PCN sent to the
Corp. With that knowledge, I am now requesting a 401 Certification to be issued and
am providing five (5) copies each of the PCN along with the Development Narrative;
approval letters from Ecosystem Enhancement Program; State permits for stormwater,
erosion and sedimentation control, and waterline; the approved wetlands plat signed by
the Corp of Engineers; and the approved Nationwide 14 permit. I apologize that this
was overlooked and not taken care of earlier. The Ecosystem Enhancement Program is
ready to issue the invoice for the owner to pay for the mitigation; however they are in
need of this Certification.
Please let me know if you need any additional information and I will have it sent to you
overnight. Thank you for your assistance.
Sincerely,
Ange a Malott
Project Administrator
Enc.
cc: File 7294B / 122
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i~EN-~. - W~7EF~ QiJlei_iTY
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Engineering -- Surveying -- Land Planning
P.O. Box 3989, 115 W Saint Clair St.. -Kill Devil Hills, NC 27948
Telephone: 252-441-2113 Fax: 252-441-0965
Office Use Only: Form Version March OS
20070 ~ 70
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: ~^~ n
II. Applicant Information ~ ~ !, ~f
JNN ~ g 2007
1. Owner/Applicant Information
Name: Charles and Marv Ellen Anus t~ _ `°;~a aRANCH
Mailing Address: P.O. Box 113
Aydlett, NC 27916
Telephone Number: 252-453-2330 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: Mr. John M. DeLucia P.E.
Company Affiliation: Albemarle & Associates, Ltd.
Mailing Address: P.O. Box 3989
Kill Devil Hills, NC 27948
Telephone Number: 252-441-2113 Fax Number: 252-441-0965
E-mail Address: iohndna,albal.us
Updated 11/1/2005
Page 5 of 13
III. Project Information
Attach a vicinity map cleaziy showing the location of the property with respect to local
landmazks 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 cleazly 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 fiill-size plans. If full-size plans aze
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: Laurel Woods Section C
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0092-000-063F-0000
4. Location
County: Currituck Neazest Town: Aydlett
Subdivision name (include phase/lot number): Laurel Woods -Section C
Directions to site (include road numbers/names, landmarks, etc.): Proceeding east on
US 158, make a left onto Aydlett Road (SR 1137) and proceed approximately 3.04 miles.
Wildflower Lane will be on the right.
5. Site coordinates (For lineaz projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.30809 °N 75.90447 °W
6. Property size (acres): 25.5
7. Name of neazest receiving body of water: Currituck Sound/Maple Swamp
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/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing Conditions: Wooded/Previously log~,ed
General Land Use in the Vicinity: Residential
u~a i virzoos
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:Roadway
construction will consist of E&S control, mechanized clearing~,nossible undercuttin~g1
grading, and placement ofpavement. Waterline installation will include one and 3 hydrants.
11. Explain the purpose of the proposed work: To install the required infrastructure for a
subdivision with nine lots to be used for residential homes.
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 groject,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.USACE Action ID 200511340, NCDENR Erosion & Sedimentation
Control Plan. Number Curri-2006-023 fAppmved with Modifications which USACE permit is
paft o , NCDWQ Stormwater Permit No. SW7060215 DEI~ Waterline Serial No 0600976
V. Future Project Plans
Are any future permit requests anticipated for this project? if so, describe the anticipated work,
and provide justification far the exclusion of this work from the current application.
No future permit requests are 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. Each impact must be
listed separately in the tables below (e.g., culvert installation. should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
1. Provide a written description of the proposed impacts: Impact occurs at isolated
wetland, roadway crossing. Roadway alignment is an extension of existing roadway
Updated 11/I2005
Page 7 of 13
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list im acts due to both structure and floodin . * * Ma le Swam
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located v~nthm
100-year
Floodplain
es/no Distance to
Neazest
Stream
(linear feet Area of
Impact
(acres)
1 Roadway Construction Forested Yes +/- 1000' * 0.27
Total Wetland Impact (acres) 0.27
3. List the total acreage (estimated) of all existing wetlands on the property:16.64 Acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stiream~bepact
indicate on m Stream Name Type of Impact Perennial or
Intermittent? Stream W dth
Before Length
inear feet Impact
acres
N/A
Total Stream Impact (by length and acreage) 0.0
5. Individually list ali open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads. etc.
Open Water Impact
Site Number
indicate on ma
Name of Waterbody
(if applicable)
Type of Impact ~ Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A
Total Open Water Impact (acres) 0.0
upaaced iiiirzoos
Page 8 of 13
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0
Wetland Impact (acres): 0.27
O n Water Im act (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.27
Total Stream Impact (linear feet): 0.0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: 0.0 Expected pond surface area: 0.0
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 minimised once the desired site plan. was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The site is narrow and already
accessed by a right-of-way alone its .northern nronertv line. The extension of the_roadway to
access lots must cross and impact a small isolated wetland pocket within the alignment.
Realignment of the roadway to avoid this isolated wetland pocket was not possible. Silt fencing
will be used, eroded areas will be immediately re-seeded,. exposed. side slopes will be provided
with ground cover, driveways shall not. block or hinder the flow of stormwater, and all
requirements of Cumtuck County's zoning ordinances shall be met.
Updated 11/12005
Page 9 of 13
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 January 15, 2002, 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 NCEEP concurrence shall be placed an bald 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 Cazolina, available at
http://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/lineaz 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.
Mitigation will be made by payment into the NC EEP Acceptance letter is attached
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP}. Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they aze will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Updated 11/1/2005
Page 10 of 13
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): 1.2
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federaUstate) land? Yes ^ No
2. 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 ^
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse),15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", 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* I ~~ ImpaftQ*~ I Multiplier I R,equtfed
1 3 (2 for Catawba)
2 1.5
Total
# Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Updated 11/1/2005
Page 11 of 13
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total. proposed impervious Level. A low density SW hermit has been. issued. for
this project. Stormwater Permit # SW7060215
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.
All sites have been deemed suitable for septic systems
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Isthis anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
All development will meet or exceed Currituek County Soil and Water Conservation Department
requirements
XV. 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
u~a i vi2oos
Page 12 of 13
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).
Applicant/Agent's Signature 4 ~ Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated I I/12005
Page 13 of 13
DEVELOPMENT 2 0 0 7 0 1 7 0
NARRATIVE
for
LAUREL WOODS, SECTION C
The owner of this property intends to create a nine (9)-lot subdivision. The property is
25.5 acres with 16.4 acres of wetlands resulting in 9.1 acres of buildable area.. The built-
upon area is limited to 30% per 15A NCAC 02H .1005 (3)(a) of the Administrative Code.
There are 2,001 LF of asphalt roadway associated with the subdivision that the owner
will construct. There is an existing RO.W. and gravel roadway for Wildflower Lane that
connects the subdivision to Aydlett Road (NCSR 1137). This existing drive will be
extended and paved. The wetlands to be filled for construction of the road are 0.27 acres
in area and 218 cubic yards of fill will be required. The wetlands are isolated and in the
approx'unate center of the high land area of the site. The roadway terminates at the
beginning of the low land area of the site.
\~~~~111~tt//~~`
~~ ~~.
:-, ~.
029 31
.~
1a-3C~-` D6 1Z, 87 FPO['°1-DENP EEP
Charles Angus
YU Box l 13
Aydlett, NC 2791b
9197152e1~1
i- S~~I~
try. ,.~„:.~,~a
PROGRAM
Cctohcr 24, 2006
T-~31 P021~2 U-897
Project: Laurel Wards Section C County: Curriittck
The purpose of this letter is to notify you that tha North Carolina 13eosystcm Enhancement Program (.laic El~/P) is wilting to
accept paymcnt for impacts associated with tha above refercaced project Please note that this deeisioa does not assure that
the payment will fx approved by the permit issuing agencies as mitigation for project impacts, It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEI' will be approved.
This acceptance is valid for six months from the date of this letter. Cf we have not received a copy of the issued 404
Permit/401 Certification within this time iritne, this acteptanee will expire. It is the applicant's responsibility to send
copies of the 404/401iCAMA permits to NC EEP. Once NC )FEF receives a copy of the 404 Fermic and/or the .401
Cert~catioa an invoice will be issued and payment must be made.
Based an the information supplied by you the impacts that may require compensatory mitigation arc summarized in the
following tabla.
River basin
~ Wetlands Stream ~ ~ Buffer Buffer ~
Cataloging
(Acres)
(Linear Foot
) ~
I Zont 1 I
Zone 2
Cinit (Sq. Ft.) (Sq. Ft.)
_ Tti arias Ton-13i arias Coastal Marsh Cold Cool Warm ~'
Pasquatank ~ 0 0.1'~ i) 0 0 0 0 0
03010205
11pan receipt of paymcnt, EEP twill take responsibility for providing the compensatory mitigation for the permitted itnpaets
up to a 2:1 mitigation-to-impact ratio, (buffers, Zane 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 4041 zrmit and/or 401 W"ater Quality Ceiti~icatien, and/or
CAMA Permit. Tho mitigation will be performod in accordance with the Memorandum of CJnderstanding between :he N. C.
,r7opart:nent of Environment and Natural Resources and the U. S. Army Corps of irngineers dated November 4, 1994.
1f yon Nava any questions or need additional information, please contact Kelly Williams at (919) 716-1921.
Sincerely, r,~'( ~,,
Wr I3. Gilman, P)w
Director
cc: Cyndi [Carofy, WctlandsJ40i Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Iiuggctt, NCDCivI, Morehead City
File
... l~~ot~ Ot~u' S
North Carolina ecosystem pnhancarnent Program, 1652 Mai! 5®rvlce Center, Raleigh, NC 27699-1652 ! 979-715-04761 www.nceep.net
r~
20070170
PROGRAM
3anuary 25, 2007
Charles Angus
PO Box 113
Aydlett, NC 27916
Project: Laurel Woods Section C County; Curri4~ek
This letter replaces one dated October 24, 2006. The purpose of this letter is to notify you that the North Carolina Ecosystem
Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project.
Flease note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation
for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP
will be approved.
This acceptance is valid for six months from the date of this letter. )(f we have not received a copy of the issued 4tT4
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of ttte 4fl4/401 rCAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation aze summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres} (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ni.)
Ri arian Non-Ri 'an Coastal Marsh Cold Cool Warm
Pasquotank 0 0.27 0 0 a 0 0 0
03010205
Upon receipt of payment, ESP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a Z:1 mitigafion-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or
CAMA Permit. The mitigation will be performed in atx;ordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Cups of Engineers dated November 4, 1498.
If you have any questions or need additional information, please contact Kelly Williams at {919) 716-1921.
cc: Cyndi Karoiy, Wetlands1401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ- Washington
Doug Huggett, NCDCM, Morehead City
File _
./ .. ~YDtL~ ~LLlr .r~Pi R
North Carolina Ecosystem Enhancement Program, 11352 Mall Service Center, Raleigh, NC 27699-165,2 / 919-715-0476 / www.nceep.net
F W ATF Michael F. Easley, Governor
~O
9Q
Q G William G. Ross Jr., Secretary
`
"r ~ r North Carolina Department of Environment and Natural Resources
~ ~
~ ~
Alan W. Klimek, P.E. Director
Division of Water Quality
May 23, 2006
Mr. Charles Angus
PO Box 113 20070 ~ 7~
Aydlett, NC 27916
Subject: Stormwater Permit No. SW7060215G-`~"~~
Laurel Woods Section C
Low Density Subdivision Permit
Currituck County
Dear Mr. Angus:
the Washington Regionai Oifica received a camplete Stcrmwa±er Managem?nt Permit Application for
Laurel Woods Section C on May 17, 2006. Staff review of the plans and specifications has determined
that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW7060215 dated May 23, 2006 for the construction of the
subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supercede any other agency permit that may
be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 1508 of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either
Amy Franklin or myself at {252) 946-6481.
Sincerely,
AI Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
cc: Currituck County Building Inspections
Jared Madewell, PE, Albermarle & Associates
Washington Regional Office
Central Files
North Cazolina Division of Water Quality Washington Regional Office Phone (292) 946-6481 FAX (292) 946-9215 Customer Service
Internet ncwateraualitv.oro 943 Washington Squaze Mall, Washington, NC 27889 1-877-623-6748
~Ane Carotin
1v~tura!!y
An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper
State stormwater Management Systems
Permit Number SW7060215
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Charles Angus
Laurel Woods Section C
Currituck County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules'~ and the approved
stormwater management plans and specifications, and other supporting data as attached and on file with
and approved by the Division of Water Quality and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
Each lot is limited to a maximum of (see attached) square feet of built-upon area as indicated in
the approved plans. CAMA regulations may reduce the allowable built-upon area for those lots
within the AEC.
The overall tract built-upon area percentage or lot sizes for the project must be maintained at
30% per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30-foot wide vegetative buffer between
all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with
minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the
Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
II. SCHEDULE OF COMPLIANCE
1. swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be
operational for their intended use prior to the construction of any built-upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or
other vegetated conveyances will be repaired immediately.
Page 2 of 5
State Stormwater Management Systems
Permit Number SW7060215
The permittee shall at all times provide the operation. and maintenance necessary to operate the
permitted Stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
c. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. The permittee shall submit to the Director and shall have received approval for revised plans,
specifications, and calculations prior to construction, for any modification to the approved plans,
including, but not limited to, those listed below:
a. Any revision to any of the items shown on the approved plans, including the stormwater
management system, design concept, built-upon area; details, etc.
b. Project name change.
c. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the drainage area.
e. Further subdivision, acquisition, or selling of the project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
5. The Director may determine that other revisions to the project should require a modification to the
permit.
6. The permittee shall submit all information requested by the Director or his representative within
the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an
impervious surface such as a road and that minimum amount needed under driveways to provide
access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the
guidelines established in the North Carolina Erosion and Sediment Control Planning and Design
Manual:
9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the
allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be
revised without approval from the Division of Water Quality, and responsibility for meeting the
built-upon area limit is transferred to the individual property owner, provided that the permittee
complies with the requirements of Section 11.11 of this permit.
10. Within 30 days of completion of the project, the permittee must certify in writing that the project's
stormwater controls, and impervious surfaces have been constructed within substantial intent of
the approved plans and specifications. Any deviation from the approved plans must be noted on
the Certification.
11. Deed restrictions are incorporated into this permit by reference and must be recorded with the
Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must
include, as a minimum, the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW7060215, as issued by the Division of
Water Quality under NCAC 2H:1000.
Page 3 of 5
State Stormwater Management Systems
Permit Number SW7060215
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
c. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place without
the concurrence of the Division of Water Quality.
The maximum built-upon area for each of the lots is (see attached) square feet. This
allotted amount includes any built-upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge of
the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking,
or the water surface of swimming pools.
Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with
the development except for average driveway crossings, is strictly prohibited by any
persons.
Each lot will maintain a 30' wide vegetated buffer between all impervious areas and
surface waters.
All roof drains shall terminate at least 30' from the mean high water mark.
12. The permittee shall submit a copy of the recorded deed restrictions which indicates the
approved built-upon area per lot within 30 days of the date of recording.
13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance
with the restrictions, the plans reviewed must include all proposed built-upon area (BUA). Any
approvals given by the ARC do not relieve the lot owner of the responsibility to maintain
compliance with the permitted BUA limit.
14. The Director may notify the permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the permittee
shall submit a written time schedule to the Director for modifying the site to meet minimum
requirements. The permittee shall provide copies of revised plans and certification in writing to the
Director that the changes have been made.
15. Stormwater conveyances will be located in either dedicated right-of-way (public or private),
recorded common areas or recorded drainage easements. The final plats for the project will be
recorded showing all such required easements, in accordance with the approved plans.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality, in accordance with North
Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
Page 4 of 5
State Stormwater Management Systems
Permit Number SVV7060215
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and reissuance, or termination does not stay any
permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules,
and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter
2H.1000; and North Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person or entity except after notice to and approval by the
Director. The Director may require modification or revocation and reissuance of the permit to
change the name and incorporate such other requirements as may be necessary. A formal
permit request must be submitted to the Division of Water Quality accompanied by the
appropriate fee, documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and may or may not
be approved.
6. The permittee is responsible for compliance with all permit conditions until such time as the
Division approves the permit transfer request. Transfers to third parties by the permittee where
the required documentation has not been submitted to the Division does not relieve the permittee
of responsibility for transferring the permit.
7. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be imposed by other government agencies
(local, state and federal) which have jurisdiction. If any of those permits result in revisions to the
plans, a permit modification must be submitted.
8. The permittee grants permission to DENR Staff to enter the property during business hours for
the purposes of inspecting the stormwater management system and it's components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing
address changes within 30 days.
Permit issued this the 23~ day of May, 2006.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
~_ ~ !E~i -~ ~ "---w _________________
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 5
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Mate of North Carolina
Department of Environment and Natural Resources
Washington Regional Office
Michael F. Easley, Governor William G. Ross, Jr., Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
May 25, 2006
LETTER OF APPROVALWITH MODIFICATIONS
Mr. & Mrs. Charles Angus
Post Office Box 113
Aydlett, North Carolina 27916
RE: Erosion and Sedimentation Control Plan No. Curri-2006-023
Laurel Woods -Section C
NCSR 1137- Currituck County
Drainage Basin: Pasquotank
Date Received: Apri129, 2006
Responsible Party: Mr. & Mrs. Charles Angus
Dear Mr. & Mrs. Angus:
This office has completed its review of the erosion and sedimentation control plan for the referenced
10.0 acre disturbance. Based on the information provided, we have determined the submitted plan for grading
associated, with the construction of roads, drainage and lot clearing for a residential subdivision, if properly
implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We,
therefore, issue this LETTER OF APPROVAL WITH MODIFICATIONS:
1. It shown on the plans that work is to be done within US Army Corps of
Engineers 404 jurisdictional wetlands. A copy of the appropriate permit form
the Corps to conduct this activity must be submitted to this office prior to the
start of construction.
2. Provided groundcover (temporary or permanent) on exposed slopes within 21
calendaz.days following completion of any phase of grading; and a permanent
groundcover for all disturbed areas within 15 working days or 90 calendaz days
(whichever is shorter) following completion of construction or development.
In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted.
It established a performance oriented program with the objective of PREVENTING sediment damage to
adjoining properties and/or natural resources resulting from land disturbing activities through the use of
reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site
conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR
RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the
Act and the above listed modifications (if any):
943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481, FAX 252- 975-3716
An Equal Opportunity Employer 50%recycled/10%post-consumer paper
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Mr. & Mrs. Charles Angus
May 25, 2006
Page 2
- an erosion and sedimentation control plan is only valid for 3 years
following the date of initial approval, if noland-disturbing activity has been
undertaken;
-- a copy of the LATESTAPPROVED soil erosion and control plan must be on
file at the job site;
- erosion and sediment control measures or devices were designed and are to
be installed to safely withstand the runoff resulting from a 10 year storm
event - 6.5 - 7 inches in 24 hours or 2. S -3 inches in 1 hour,
- a bu, ffer zone, sufficient to restrain visible sedimentation, must be provided
and maintained between the land-disturbing activity and any adjacent
property or watercourse;
- new or affected slopes must be at an angle that can be retained by vegetative
cover;
- barren slopes must be provided with a Around cover sufficient to restrain
erosion within 21 calendar days of completion of any phase (rouPh or
fnal) of grading.. (RYE GRASS IS NOT in the approved seeding
specifications nor is it an ACCEPTABLE substitute for the providing of a
ground cover);
- unless a temporary, manufactured, lining material has been specified, a
clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to
all seeded areas. The mulch must cover at least 75% of the seeded .area
• after it is either tacked, with an acceptable tacking material, or crimped in
place;
-- in order to meet the intent of the Act, the scheduling of the land-disturbing
activities is to be such that both the area of exposure and the time between
the land disturbance and the providing of a ground is minimized;
-- a permanent ground cover, sufficient to restrain erosion, must be provided
within the shorter of IS working or 90 calendar days after completion of
construction or development; and,
- except in the case of an emergency,' a revised erosion and sedimentation
control plan must be submitted to and approved by this office prior to
initiating any significant changes in the construction, grading or drainage
plans .'
-- this approval is based, in part, on the accuracy of the information provided
in the Financial Responsibility/Ownership form submitted with the project
plans. You are required to file an amended form if there Is any change in
the information included on the form. This approval and the financial
responsibility/liability cited in it does not automatically transfer with a
change in project ownership.
Be advised that his letter givers notice of our right of periodic inspection to ensure compliance with the
approved plan and the program requirements. If the implemented plan is determined to be inadequate, this
office may require that it be revised to comply with state law. Failure to comply with any part of the approved
Mr. & Mrs. Charles Angus
May 25, 2006
Page 3
plan or with any requirements of this program, could result in the taking of appropriate legal action against the
financially responsible party (Mr. & Mrs. Charles Angus). One option is the assessing of a civil penalty of up
to $5000 for the initial violation plus up to $5040 per day for each day the site is out of compliance.
In recognizing the desirability of early coordination of sedimentation control, we believe it would be
beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of
the approved erosion and sedimentation control plan. Prior to beginning this project, you are required to either
contact this office to advise Ms. Allison Ward (252-946-6481, ext.3857) of the construction start-up date,
contractor and an on-site contact person OR, please, complete and return the attached Project Information
sheet to the above named.-
The land-disturbing activity described in this plan may require approval or permitting from other
Federal, State or local agencies. These could include the U.S. Army Corps of Engineers under Article 404
jurisdiction, the Division of Water Quality -Surface Water Section under stormwater regulations, county, city
or town agencies under other local ordinances, or other approvals that may be required. This approval does not
supersede any other approval or permit.
Please be advised that all land disturbing activities affecting at least one acre will be required to have a
(federal) NPDES permit. Enclosed is the Construction Activities General Permit - NCGO10000 that for this
project. The responsibility for understanding and complying with this permit rests with you. Be aware that
failure to comply with this permit could result in both the State and Federal governments taking appropriate
legal action. Contact the Division of Water Quality -Surface Water Section at (252) 946-6481 should you
have any questions regarding monitoring and record keeping requirements of the permit.
Sincerely,
ichard D. Peed, CPESC
Assistant Regional Engineer
Enclosure
w/o enc. Cc: Mr. Jared L. Madewell, PE, Albemarle & Associates, LTD
Mr. William Wescott, US Army Corps of Engineers
Ms. Donna Volivia, Currituck County Planning
"ortt, `ar°lina Division of Environmental Health
Terry L. Pierce, Director State of North Carolina
~~~ ~~ Michael F. Easley, Governor
J,/~
Public Water Supply Section Department of Environment and
Natural Resources
Division of
environmental xealth
Jessica G. Miles, Section Chief William G. Ross, Secretary
July 31, 2006
MR LELAND GIBBS
P Obox 38 Z ~ ~ 7~ 1~ 0
Currituck,NC 27929
Re: Authorization to Construct
LAUREL WOODS, SECTION C
CURRITUCK CO WATER SYSTEM
CURRITUCK County 0427010
Dear Applicant:
This letter is to confirm that a complete Engineer's Report and a Water System Management Plan have been
received, and that engineering plans and specifications have been approved by the Department for LAUREL
WOODS, SECTION C, DEH Serial No. 0600976.
The Authorization to Construct is valid for 24 months from the date of this letter. Authorization to Construct
may be extended if the Rules Governing Public Water Supplies and site conditions have not changed. The
Authorization to Construct and the engineering plans and specifications approval letter, shall be posted at the
primary entrance of the job site before and during construction.
Approval must be secured from the Department before any construction or installation if:
• Deviation from the approved engineering plans and specifications is necessary; or
• There are changes in site conditions affecting capacity, hydraulic conditions, operating units, the function
of water treatment processes, the quality of water to be delivered, or conditions imposed by the
Department in any approval letters.
Upon completion of the construction or modification and in accordance with Rule .0303, the applicant shall
submit a certification statement directly to Siraj M. Chohan of this office. This statement must be signed and
sealed by a registered professional engineer stating that construction was completed in accordance with approved
engineering plans and specifications, including any provisions stipulated in the Department's engineering plan and
specification approval letter. Prior to Final Approval, the applicant shall submit a signed certification stating that
the requirements in 15A NCAC 18C .0307 (d) and (e) have been satisfied and if applicable, a completed
application for an Operating Permit and fee. Once the certification statements and operating permit application
and fee, if applicable, are received and determined adequate, the Department will grant Final Approval in
accordance with Rule .0309 (a). Therefore, no construction, alteration, or expansion of a water system shall be
placed into service until Final Approval has been issued by the Department.
If we can be of further assistance, please call (919) 733-2321.
Sincerely,
Tony C. Chen, P.E.
Technical Services Branch
Public Water Supply Section
TCC:SMC
cc: FRED HILL, Regional Supervisor
Albemarle & Associates
1634 Mail Service Center, Raleigh, North Carolina 27699-1634
Telephone 919-733-2321 • Fax 919-715-4374 • Lab Form Fax 919-715-6637
http://ncd ri n ki ngwate r.state. n c. us/
An Equal Opportunity /Affirmative Action Employer
NorthCarolina
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NCDENR
State of North Carolina
Department of Environment and Natural Resources
Division of Environmental Health
Public Water System Authorization to Construct
Public Water System Name
and PWSID No. (if available):
Project Name:
Serial No.
Issue Date:
CURRITUCK CO WATER SYSTEM
0427010
LAUREL WOODS, SECTION. C
0600976
07/28/2006
Expiration Date:
24 months after Issue Date
In accordance with NCAC 18C .0305, this Authorization to Construct must be posted for inspection
at the primary entrance to the job site during construction.
North Carolina
,~-~ `i
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Division. of
Em~ronmental Health
< <
Albemarle & Associates
P O Box 3989
115 W Saint Clair Street
Kill Devil Hi1,NC 27948
North Car°lina Division of Environmental Health
~(~ GI Terry L. Pierce, Director
1'.!i
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Public Water Supply Section
Division of
Environmental Health
Jessica G. Miles, Section Chief
July 28, 2006
Mr. Leland Gibbs
Currituck County Water Department
Post Office Box 38
Currituck, North Carolina 27929
Re: Water Main Extension
Currituck County Water System
Laurel Woods -Section "C"
PWS ID: 04-27-010, Currituck County
Dear Mr. Gibbs:
State of NoRh Carolina
Michael F. Easley, Governor
Department of Environment and
Natural Resources
William G. Ross, Secretary
Enclosed please fmd one copy of the "Application for Approval..." together with one copy of the referenced plans and
specifications bearing the Division of Environmental Health stamp of approval for the referenced project. These plans and
specifications are approved under Division of Environmental Health serial number 06-00976, dated July 27, 2006.
Plans and specifications prepared by Jared L. Madewell, P.E., call for the installation of approximately 1,841 feet of
6-inch water main, valves, hydrants and other appurtenances along Wildflower Lane to provide service to Laurel Woods -
Section "C". The proposed water main will connect to an existing 8-inch waterline located along SR 1137 (Aydlett Road).
Please note that an "Authorization to Construct" requires both this approval of Engineering Plans and Specifications and
submittal of a complete Water System Management Plan. No construction shall be undertaken, and no contract for construction,
alteration, or installations shall be entered into until the Department issues an Authorization to Construct letter in accordance
with 15A NCAC 18C .0305(a).
These plans and specifications in the foregoing application are approved insofar as the protection of public health is
concerned as provided in the rules, standards and criteria adopted under the authority of Chapter 130A-317 of the General
Statutes. This approval does not constitute a warranty of the design, construction or future operation of the water system.
One copy of each enclosed document is being forwarded to our Washington Regional Office. The third copy is being
retained in our permanent files.
If we can be of further service, please call on us at (919) 733-2460.
Tdny C. Chen, P.E.
Lead Engineer, Plan Review
Technical Services Branch
TCC/SMC/sep
Enclosures: Approval Documents
cc: Fred Hill, Regional Engineer
Currituck County Health Department
Albemarle & Associates, LTD
1634 Mail Service Center, Raleigh, North Carolina 27699-1634
Telephone 919-733-2321 • Fax 919-715-4374 • Lab Form Fax 919-715-6637
http://ncdrinkingwater.state.nc.us/
An Equal Opportunity /Affirmative Action Employer
NorthCarolina
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
ORM ID: SAW-2006-40453-127 County: Currituck USGS Quad: Coiniock
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Charles and Marv Ellen Anus
Address: Post Office Box 113
Aydlett, North Carolina
27916
Telephone No.: 252-453-2330
Size and location of property (water body, road name/number, town, etc.): 25.5 acre lot, located on
Wildflower Lane, 3.04 miles south of SR 113' (Avdlett Road)
Description of projects area and activity: 0.27 acres of wetland fill for subdivision road crossing.
Applicable Law: ^ Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the pennittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. .All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Tom Steffens at 252-975-1616 xt. 25.
Corps Regulatory Official '~`f't-~~~~j~~~~ Date: 12/07/2006
Expiration Date of Verification:
Page 1 of 8
Determination of Jurisdiction:
A. ~^ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. ^ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ^ There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ®The jurisdictional areas within the above described project area have been identified under a previous action.
Phase reference jurisdictional determination issued 6/30/2005. ORM ]D SAW- or ACTION ID
200511340
Basis of Jurisdictional Determination:
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331.
Enclosed you will fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.** ~ ,t ~
Corps Regulatory Official:
Date 12/07/2006
Copy Furnished:
John M. DeLucia P.E., Albemarle and Associates
Page 2 of 8
ORM ID: SAW-2006-40453-127
County: Currticuk
Permittee: Charelas and Marv Ellen Anus
Date Permit Issued: 12/07/2006
Project Manager: Tom Steffens
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
Post Office Bog 1000_ _
_ _- -- --
Washington, North Carolina 27889 "
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in .accordance with. the permit conditions.
Signature of Permittee
Date
Page 3 of 8
CESAW-RG-W DATE: 12/07/2006
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species,
Cultural Resources and Essential Fish Habitat.
1.ORM ID: SAW-2006-40453-127
2. Project Name and Location: Charles na d Marv Ellen Anus, Adylett
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? YES
Explain: NW 14 requires mitigation or wetland impacts
4. Endangered Species (Section 7 of the ESA).
a. Will any threatened or endangered species or their critical habitats be affected by this project?
NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Corps Regulatory Official:
Page 4 of 8
December 7, 2006
Regulatory Division
ORM ID: SAW-2006-40453-127
Charles and Mary Ellen Angus
Post Office Box 113
Aydlett, North Carolina
27916
Permit Special Conditions
Your work is authorized by Nationwide Permit 14 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. The Permittee shall mitigate for 0.27 acre of Section 404 wetlands
associated with this project by payment to the North Carolina Ecosystem
Enhancement Program (NCEEP) in an amount determined by the NCEEP
sufficient to perform 0.54 acre ofnon-riparian wetland restoration mitigation in
the Pasquotank River Basin (HLTC 03010205). This permit is valid only after the
Permittee has made full payment to the NCEEP, and the NCEEP has made written
confirmation to the District Engineer, that it has received payment and a ergr es to
accept responsibility for the mitigation work required, pursuant to Paragraph
IV.D. of the Memorandum of Understanding between the North Carolina
Department of Environment and Natural Resources and the U.S. Army Corps of
Engineers, Wilmington District, dated November 4, 1998.
If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone (919) 733-1786, regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State. or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for. your time and cooperation. Questions or comments maybe addressed
to Mr. Steffens, Washington Regulatory Field Office, telephone (252) 975-1616,
extension 25.