20060992 Ver 2_401 Application_20070807

6Zuible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING ~ SURVEYING
SINCE 1959
August 9, 2007
Mr. Roberto Scheller
943 Washington Square Mall
Washington, NC 27889
RE: Lightkeeper Estates
Express 401 Water Quality Certification
Minor Modification to DWQ EXP # 2006-0992
Roberto,
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax:[phone]
PRINCIPALS
Sean C, Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdiviesa, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P LS
._ ~ ~~,'
Enclosed are two copies of a revised PCN application and associated site plan for the Lightkeeper
Estates project in Rodanthe, Dare County, NC that received a 401 Water Quality Certification through
the Express Program (2006-0992). The permittee has not initiated the work that was permitted, and
as we discussed, they are proposing to modify the access road location and house footprints on lots 1
and 2. We have received CAMA and USACE modifications for this amendment.
The purpose of the wetlands impacts associated with the driveway (Area 1) is to provide an access
corridor to the uplands located on the east (ocean side) of the subject property. This access corridor
is currently proposed on central portion of the subject property in between lots 1 and 2. The existing
permit for Area 1 allows impacts of 0.35 acres of Section 404 wetlands and the current proposed
impacts with the new alignment is Q,34 acres (a slight decrease). The wetlands impacts associated
the residential structure construction (Area 2) are to provide sufficient building footprints for lots 1 and
2. The existing permit for Area 2 allows impacts of 0.10 acres of Section 404 wetlands and the current
proposed impacts with the new alignment is O.~vacres-(also a slight decrease).
.~-
As depicted on the site plan, there are two new proposed culvert locations in addition to the.culvert
location in the ditch (center of drain) that was previously permitted. The culvert location to the west of
the ditch will include side-by-side 18" diameter culverts, and the culvert location near the parking are
will include a single 18" diameter. The culverts prposed in the ditch will be installed below the ditch
bed (20% or greater) to allow low flow passage of water and aquatic life.
Please contact me if you have any questions regarding this modification request. You can reach me at
[phone]. I appreciate you assistance with this project.
Sincerely,
Quible & As~socdiates, P.C.
I `~'`~,
Brian Rubino, P.G.

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rviiwiaa r. caaicy, ~uvciuui
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 18, 2006
DWQ EXP # 2006-0992
# 7005 1820 0003 6594 8686
Dare County
Lightkeeper Estates
Post Office Box 250
Hatteras, NC 27943
Subject Property: Lightkeeper Estates
Approval of 401 Water Quality Certification with Additional Conditions-Express Review Program
Dear Mrs. Trisha Midgett and Bette Gray:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.35 acres of wetlands for the purpose of access road construction and impact
0.10 acres of wetlands for the purpose of residential construction at the subject property, as described
within your application dated June 15, 2006 and received by the N.C. Division of Water Quality (DWQ)
on June 19, 2006. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number 3404 (GC3404) and Number (GC3402). The Certification
allows you to use Nationwide Permit 14 and Nationwide Permit 18 issued by the US Army Corps of
Engineers (USAGE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and Neuse Riparian Buffer Rules. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your application shall
expire upon expiration of the 404 or CAMA Permit. (This Supercedes condition 19 of General
.Certification 3403 issued on March, 2003.)
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions .listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount A roved (Units) Plan Location or Reference
Stream 0 (feet)
404/CAMA Wetlands 0.35 (acres) Area #1 Road Access
401 Oversight! Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] /Internet: htta://h2o.enr.state.nc.us/ncwetlands
Novi thCarolina
~Naturallt~
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

0.10 (acres) Area #2 Residential
Waters 0 (acres)
Buffers 0 (s ware ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Additional Conditions
Placement of culverts and other structures in waters, streams, and wetlands shall be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater that 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow

low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result
in disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of
the above structures. The applicant is required to provide evidence that the equilibrium is being
maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock
or other limiting features encountered during construction, please contact the NC DWQ for
guidance on how to proceed and to determine whether or not a permit modification will be
required.
If concrete is used during construction, a dry work area should be maintained to prevent contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete
should not be discharged to surface waters due to the potential for elevated pH and possible
aquatic life and fish kills.
During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S., or protected riparian buffers.
All mechanized equipment operated near surface waters must be regularly inspected and
maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or
other toxic materials.
The permittee and its authorized agents shall conduct its activities in a manner consistent with
State water quality standards (including any requirements resulting from compliance with
~ 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal
law. If DWQ determines that such standards or laws are not being met (including the failure to
sustain a designed or achieved use) or that State and Federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification.
All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this certification.
A copy of this Water Quality Certification shall be posted on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modifications, if any, shall be
maintained with the on-site project manager.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated- with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
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 Kyle Barnes at 252-948-3917 or Roberto Scheiler at
252-948-3940 in the Washington Regional Office.
Sincerely,
L -- f i
For Alan imek. P. .
Enclosures: GC 3404, GC 3402
Certificate of Completion
cc: USACE Washington Regulatory Field Office
DLR Washington Regional Office
File Copy
401 Unit/Central Files
Filename: 2006-0992

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
fir any parncular ttem 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 and 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 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:
' ~ I-~--„
II. Applicant Information ~ ~ '~ ~-~~ `~ U ~` ~ `~ ~
~~ tf
AUK 2 c; 2001
1. Owner/Applicant Information
Name: Trisha Mid ett and Bette Gra ~~~~~ t - ~^r~r~~
Mailing Address: P.O. Box 250 ' ' ~ ~TO'1?rP,~',4TEf±8f~UaCH
Hatteras, NC 27943
Telephone Number: [phone] Fax Number:. [phone]
E-mail Address: trisham@mid~ettrealty.com
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: Brian Rubino
Company Affiliation: Quible & Associates, P.C.
Mailing Address: P.O. Box 870
Kitty Hawk NC 27949
Telephone Number: [phone] Fax Number:[phone]
E-mail Address: brubinoC puible.com
Updated 11/1/2005
Page 5 of 13

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
USAGE 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: Lightkeeper Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 065805096827
4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number): No existing subdivision• the future
subdivision is depicted on the accompanying site lap n (Li htkeeper Estates Lots 1 5)
Directions to site (include road numbers/names, landmarks, etc.): NC 12 South to Rodanthe
on Hatteras Island; the subject property is immediately south of the Rodanthe Dare County
Water Department facility on the east (ocean side) of NC 12
5. Site coordinates (For linear 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): 35.58890 °N 75.46895 °W
6. Property size (acres): 6.67
7. Name of nearest receiving body of water: The Pamlico Sound is the nearest water body to
the west side of the property and the Atlantic Ocean is nearest to the east side In addition
there is a drainage ditch in the central portion of the property that holds shallow water during
and after precipitation events.
8. River Basin: Pasguotank
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.eiu.state.nc.usladminlmaps/.)
Updated 11/1/2005
Page 6 of 13

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 property contains a small graveyard in the southwest
portion of the property which will be protected and preserved. Otherwise the property
currently undeveloped and contains herbaceous and estuarine shrub-ty e vegetation There
are 2.80 acres of jurisdictional Section 404 wetlands and 3.87 acres of uplands (non-
wetlandsl.
10. Describe the overall project in detail, including the type of equipment to be used:
The project involves creation of a 6.67 acre parcel into afive-lot subdivision A public
asphalt surfaced roadway with a cul-de-sac is proposed off of NC 12 and a private extension
off of the cul-de-sac is proposed to access home sites on lots 1 and 2 The private access
corridor (driveway) is proposed to cross Section 404 wetlands since there is no alternate
access to the oceanfront uplands. The roadway will be constructed with the use of dump
trucks, back hoe and other radin~ and compaction equipment The~roposed houses on lots
1 and 2 will be pile-supported. Also proposed is a 45 linear ft pile supported walkway
Section 404 wetlands. This walkwa ids to provide a designated access to the public beach for
residents of the subdivision. The walkway will be constructed of slatted wood and will be
elevated 3 ft above wetland substrate. The piles will be washed in place and construction
will not involve filling of jurisdictional wetlands.
11. Explain the purpose of the proposed work: The purpose of the wetlands impacts associated
with the driveway (Nationwide 14) are to provide an access corridor to the uplands located
on the east (ocean side) of the subject property. This access corridor is proposed on central
portion of the subject property in between lots 1 and 2 The wetlands impacts associated the
residential structure construction (Nationwide 18) are to provide sufficient building footprints
for lots 1 and 2. While both lots 1 and 2 have a significant existing upland area adjoining the
proposed driveway access ocean hazard setbacks require a small structure setback from the
First Line of Stable Natural Vegetation (FLSNV) to be 285 ft Similar lots with much
smaller areas in the same vicinity are permitted to utilize CAMA exception rule (T15A• 07H
.0309) to reduce this setback to 60 ft. This large parcel is unable to utilize this reduction in
setbacks due to the presence of a buildable area on the west side of the wetland area A
LAMA variance has been applied for and has received denial Therefore in order to meet
the ocean hazard setback based on 30 times the maximum annual erosion rate from the
FLSNV, 0.08 acres of Section 404 wetland are proposed to be impacted for the house
footprints. The existing FLSNV approved on 7-5-07 by the Dare County LPO is depicted
on the site plan.
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,
Updated I I/1/2005
Page 7 of 13

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. A jurisdictional determination of Section 404 wetlands (Action ID•
200411316) has been issued on 3-29-04 b~William Wescott USACE In 2006 express permits
have been issued for a slightly different development plan for Lots 1 and 2 that had a slightly
higher Section 404 wetland impact associated. The applicant now requests a refinement to all of
those permits including a Low Density Stormwater Management (NCDWQ) Soil Erosion and
Sedimentation Control (NCDLO) 401 Water Quality Certification (NCDWQ) and a Nationwide
14 and 18. None of the work permitted in 2006 has been initiated
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.
There will be a future building permit request to Dare County after refined State and Federal
permits are issued.
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 theae 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: Impacts to Section 404 wetlands have
been separated into those impacts proposed under a Nationwide 14 and those impacts
proposed under a Nationwide 18. The wetlands on the subject property have been
determined by NCDCM not be "coastal wetlands" Nationwide 14 im ap cts proposed total
0.34 acres and Nationwide 18 impacts proposed total 0 08 acres
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,
Senarately list imnacts rlne to hnth CYI'll(`r17YP and flnnrlinrT
-
Wetland Impact -
Type of Wetland o
Located within
Distance to
Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on ma) herbaceous, bog, etc.) Floodplain Stream (acres)
Updated 11/1/2005
Page 8 of 13

(yes/no) (linear feet)
Area 1 Fill/Grading Estuarine Shrub/ Herbaceous yes 378 to ocean 0.34
Area 2 Fill/Grading Estuarine Shrub/ Herbaceous yes 429 to ocean 0.08

Total Wetland Impact (acres) 0.42
3. List the total acreage (estimated) of all existing wetlands on the property: 2.80 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 len:?th X width. then divide by 43 Sh~_ N/A
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width

Before Impact Impact
Len th
g
(linear feet) Area of
Im act
p
(acres)

Total Stream Impact (by length and acreage) N/A
5. Individually list all 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, drainase, bulkheads. etc. N/A
Open Water Impact
Site Number

(indicate on ma) _
Name of Waterbody
(if applicable) v
T e of Im act
yp p Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the nrniect:
Stream Impact (acres): N/A
Wetland Impact (acres): 0.42
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.42
Updated 11/1/2005
Page 9 of 13

Total Stream Impact (linear feet): N/A
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 N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
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.):
Current land use in the vicinity of the pond:
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. Prior to ap~l~g for the
Nationwide 14 ,requests were made to the adjacent roperty (ONeal Campground) owner to use
their property to access the oceanfront lots The owner Jazania O'Neal has provided a letter
stating that the use of their pro e~rty is not feasible (enclosed letter dated December 5 2005)
The proposed road and parkin realignment (from the previous permit- work not done) creates
no increase in the permitted impacts to Section 404 wetlands or impervious surface and actually
slightly decreases impacts. As depicted on the site plan there are two new proposed culvert
locations in addition to the culvert location in the ditch (center of drain) that was previously
permitted. The culvert location to the west of the ditch will include side-by-side 18" diameter
culverts, and the culvert location near the arkin~ are will include a single 18" diameter
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
Updated I l/1/2005
Page 10 of 13

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 on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
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.
Proposed mitigation includes payment into the NC EEP at a 2.1 mitigation to fill ratio This
is the same mitigation that was previouslypermitted
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
[phone] to determine availability, and written approval from the NCEEP indicating
that they are 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
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): 1.0 acre miti ag tion
payment requested (0.42 acres impacted)
Amount of Coastal wetland mitigation requested (acres): N/A
Updated 11/1/2005
Page 11 of 13

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) 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 [phone] to review current thresholds for environmental documentation.
Yes ^ No ^ N/A
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 ^ N/A
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. N/A
* Impact I I Required
Zone , ~..~ro Foe. Multiplier
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.
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)
Updated 11/1/2005
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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°Io, please provide calculations
demonstrating total proposed impervious level. There is no existing impervious coverage on the
site. The total impervious coverage on the property will include all road driveway and parking
surfaces, maximum house footprints and covered gazebo footprints A Low Density stormwater
Permit was issued last year and a request for modification has been submitted based on the
proposed amendments.
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.
Each of the lots will have on-site septic treatment systems Each lot has been configured so that
there_ is sufficient area for on-site systems to be permitted through the Dare County Health
Department.
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. 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:
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
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).
1 ~~ __.
e dry \ ~."'.~ t.~ ..,e~~~
Applicant/Agent's S gnature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 1 l/1/2005
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