20051279 Ver 1_Complete File_20050711

Action ill.

~ DS-\~l~
\\,t,' cl
O~T~
200511829 County: Currituck USGS Quad: Corolla Q'8J ?
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

.
,

Property Owner / Authorized Agent: W & J Land Development
Address: aftn: Jim Braithwaite
I' 109 43rd Street
Virl!:inia Beach. Vire:inia 23451

Telephone No.: _
Size and location of property (water body, road name/number, town, etc.): Lot 17 contains 0.34 acres located at 1664
Midland Road in Section 2 of the Swan Beach subdivision which is located between communities of Corolla and
Coro~a. Currituck County. North Carolina. PIN # 101A00000170002.

Description of projects area and activity: Fill 402 square feet of wetlands for residential development.

Applicable Law: 0 Section 404 (Clean Water Act, 33 USC 1344)
o Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: _
Nationwide Permit Number: 18

Y o)lf 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
permittee to a stop work order, a restoration order and/or appropriate legal action.
1bis 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 [phone]) 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 in Elizabeth City, NC, at [phone].
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 William Wescott at 252-975-1616 extension 25.

Corps Regulatory Official ~, Ww , eW's. Date: 08/24/2005

Expiration Date of Verification: 03/18/2007

Page 1 of8

!ff&@&O\VJ&fiJJ
AUG 2 6 /#;
2005
~ENR
OS..wD~~UAUry
r1Tf8Bo,,,c.
"'>I, H

..
,

t'\

Determination of Jurisdiction:

r"~ _! :

o Ba:;ed 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 CFRPart 331).

o 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.

~ 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 (CW A)(33 USC S 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 ofthis notification. .

o The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued _' Action ill _

Corps Regulatory Official:

,LA). S.

Date 08/24/2005

Copy Furnished:
NC Division of Water Quality
NC Ecosystem Enhancement Program
Atlantic Environmental Consultants

Page 2 of 8

fl
.

August 24, 2005

Regulatory Division

Action ill No. 200511829

W & J Land Development
Attn: Jim Braithwaite
109 43rd Street
Virginia Beach, Virginia 23451

Permit Special Conditions

Your work is authorized by Nationwide Permit 18 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 0.01 acre of 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 0.02 acre
of non-riparian restoration mitigation in the Pasquotank River basin (HUC
03010205). Discharge into wetlands on the permitted proiect shall begin 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 agrees 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 [phone], 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 may be addressed
to Mr. Wescott, Washington Regulatory Field Office, telephone [phone],
extension 25.

CESA W-RG-W

I>ATE: 08/24/2005

NrnMORANDUMFORRECORD

SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.

1. Action ID. 200511829

2. Project Name and Location: W & J Land Development

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: in-lieu payment to NCEEP at 2:1 restoration ratio for non-riparian wetlands

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 OfficialJ)j,f)j;. ID~, P.u.lS .
.

Page 4 of 8

Action ill Number:200511829

County:Currituck

~
~

Permittee: W & J Land Development

Date Permit Issued: 8/24/2005

Project Manager: William Wescott

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
W ASIDNGTON REGULATORY FIELD OFFICE
Post Office Box 1000
Washington, NC 27889

Please note that your permitted activity is subject to a compliance inspection by aU. 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

../

JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers

DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200511829

PROJECT LOCATION INFORMATION:
State: NC
County: Currituck
Center coordinates of site (latitude/longitude): 36.4398 N / 75,8440 W
Approximate size of area (parcel) reviewed, including uplands: 0.34 acres.
Name of nearest waterway: Currituck Sound
Name of watershed: Pasquotank River Basin

.JURISDICTIONAL DETERMINATION
Completed: Desktop determination
Site visit( s)

12l
o

Date: 8/24/2005
Date(s):

Jurisdictional Determination (JD):

.BJ!I Preliminary JD - Based on available information, ~ there appear to be (or) 0 there appear to be no "waters of the United States" and/or
"navigable waters of the United States" on the project site, A preliminary JD is not appealable (Reference 33 CFR part 331).

~ Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331),
Check all that apply:

o There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area,
Approximate size of jurisdictional area:

~ There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area
Approximate size of jurisdictional area: 0.01.

III There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area
[1 Decision supported by SW ANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction,

BASIS OF JURISDICTIONAL DETERMINATION:
~. Waters defined under 33 CFR part 329 as "navigable waters ofthe United States":
I!I The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce,

B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
.I!I (I) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, induding all waters which are subject to the ebb and flow of the tide.
(2) The presence of interstate waters including interstate wetlands 1.
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate
commerce including any such waters (check all that apply): .
o (i) which are or could be used by interstate or foreign travelers for recreational or other purposes,
o (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
o (iii) which are or could be used for industrial purposes by industries in interstate commerce.
I!I (4) Impoundments of waters otherwise defined as waters of the US.
o (5) The presence ofa tributary to a water identified in (1) - (4) above.
o (6) The presence ofterritorial seas. .
jgJ (7) The presence of wetlands adjacenr to other waters of the US, except for those wetlands adjacent to other wetlands.

Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not
itself a navigable water of the United States, describe connection(s) to the downstream navigable waters, /fB(]) or B(3) is used as the Basis of
Jurisdiction, document navigability and/or interstate commerce connection (i,e., discuss site conditions, including why the waterbody is
navigable and/or how the destruction of the waterbody could affict interstate or foreign commerce), If B(2, 4, 5 or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. /fB(7) is used as the Basis of Jurisdiction, document the rationale used to
make adjacency determination: Area exhibits the three parameters specified in the 1987 USACE Wetland Delineation Manual and is part of a
broad area of wetlands associated with Currituck Sound.

Page Sof8

Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
1m Ordinary High Water Mark indicated by: B High Tide Line indicated by:
o clear, natural line impressed on the bank 0 oil or scum line along shore objects
o the presence ofIitter and debris 0 fine shell or debris deposits (foreshore)
o changes in the character of soil 0 physical markings/characteristics
o destruction ofterrestrial vegetation 0 tidal gages
o shelving 0 other:
o other:

-
!

Mean High Water Mark indicated by:
o survey to available datum; 0 physical markings; 0 vegetation lines/changes in vegetation types,

[g] Wetland boundaries, as shown on the attached wetland delineation map and/or ina delineation report prepared by: Atlantic Environmental
Consultants

Basis For Not Asserting Jurisdiction:
1m The reviewed area consists entirely of uplands,
E2I Unable to confIrm the presence of waters in 33 CFR part 328(a)(I, 2, or 4-7).
l] Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
I!I The Corps has made a case-specifIc determination that the following waters present on the site are not Waters of the United States:
o Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3,
o ArtifIcially irrigated areas, which would revert to upland if the irrigation ceased,
o ArtifIcial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing,
o ArtifIcial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
o Water,fIlled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fIll, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water
meets the. definition of waters of the United States found at 33 CFR 328.3(a).
o Isolated, intrastate wetland with no nexus to interstate commerce,
o Prior converted cropland, as determined by the Natural Resources Conservation Service, Explain rationale:
o Non-tidal drainage or irrigation ditches excavated on dry land, Explain rationale:
o Other (explain):

DATAREVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
.~ Maps, plans, plots or plat submitted by or on behalf of the applicant.
m Data sheets prepared/submitted by or on behalf of the applicant.
~ This office concurs with the delineation report, dated 7/7/2005, prepared by (company): Atlantic Environmental Consultants
o This office does not concur with the delineation report, dated , prepared by (company):
B Data sheets prepared by the Corps.
I!I Corps' navigable waters' studies:
i] U.S. Geological Survey Hydrologic Atlas:
m U,S, Geological Survey 7.5 Minute Topographic maps: Corolla
E2I U.S. Geological Survey 7.5 Minute Historic quadrangles:
Em U.S. Geological Survey 15 Minute Historic quadrangles:
m USDA Natural Resources Conservation Service Soil Survey: sheet 14
Em National wetlands inventory maps:
Em State/Local wetland inventory maps:
Em FEMAlFIRM maps (Map Name & Date):
Em IOO-year Floodplain Elevation is: (NGVD)
ill Aerial Photographs (Name & Date):
i] Other photographs (Date):
E:l Advanced IdentifIcation Wetland maps:

~ ~~~~~~~~~~~;::;~;nc::~:~~ed on:

[]] Other infonnation (please specifY):

IWetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology),

2The term "adjacent" means bordering. contiguous, or neighboring, Wetlands separated from other waters of the D.S, by man,made dikes or baniers, natural river
berms, beach dunes, and the like are also adjacent.

Page 6 of 8

"

Date: 8/24/2005
See Section below
A

A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.

. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized, Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II ofthis form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.

B: PROFFERED PERMIT: You may accept or appeal the permit

. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.

. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.

C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

Page 7 of 8

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.

. ACCEPT: You do not need to notify the Corps to accept an approved ID, Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved ID in its entirety, and waive all rights to appeal the approved ID.

. APPEAL: If you disagree with the approved ID, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

-
y

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)

ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.

If you only have questions regarding the appeal process you
may also contact:
Mr. Michael F. Bell, Administrative Appeal Review
Officer
CESAD-ET -CO-R
U.S. Anny Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the proj ect site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investi ations.

If you have questions regarding this decision
and/or the appeal process you may contact:
US Anny Corps of Engineers
attn: William Wescott
Post Office Box 1000
Washington, NC 27889
252-975-1616

Date:

Telephone number:

Signature of appellant or agent.

DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8 of8

\-U .,... .) L().J"()c\' l.
~'<.

~~
E~pt~\hWnt

PROGRAM

~~@~uw~@

SEP 2 I 2005

RECEIPT

wen!iffNR - WATER QUALITY
OS AND STORMwATER BRANcH

September 14,2005
DWQ #: 05-1279
COE #: 200511829

Jim Braithwaite
W & J Land Development
109 43rd Street
Virginia Beach, VA 23451,9999

Project: Swan Beach, Lot 17

County: Currituck

The North Carolina Ecosystem Enhancement Program (NC EEP) has received checks totaling the amount of $3,280.75,
check number 1014, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/section
404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.

The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.

River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0.02 0 0 0 0 0 0
03010205

Please note that a payment made to the Ecosystem Enhancement Program is !!Q! reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.

If you have any questions or need additional information, please contact Carol Shaw at [phone].

Sincerely,

~1~~.~I/JAV

Director -r .

cc: . Cyndi Karoly, WetIands/401 Unit
Doug Huggett, Division of Coastal Management
Tracey Wheeler, USACE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File

RMtOYUtj... E~..~ PYOtectUtj Our Stt1.:ft.

AVA
NCDENR

North ,Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/ www.nceep.net

I

o~ WA'T121f
O~ Oc:.
(;5 Y
- I
> -
- -j
o ~

Michael F, Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W, Klimek, P,E, Director
Division of Water Quality

August 17, 2005

DWQ Project # 05-1279
Currituck County

W & J Land Development Company
c/o Jim Braithwaite & Whitt Sessoms, III
109 43rd Street
Virginia Beach, VA 23451

Subject Property:

AEC #05-056
1664 Midland Road
Corolla, NC

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Braithwaite and Mr. Sessoms:

You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.01 acres of wetlands for the purpose of preparing a lot for
residential development at the subject property, as described within your application dated July
8,2005, and received by the N.C. Division of Water Quality (DWQ) on July 11,2005. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) NW18 when issued by the US Army Corps of Engineers (USACE). 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 other regulations. 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 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 150 linear 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.

~'ifuCarolina
/VI/turn/Ill

401 OversighVExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet htto://h2o.enr,state.nc,us/ncwetlands

An Fnt I~I nnnnrh Init\l14ffirm~ti\la Af""tinn I=mnlnvar _ ~not. RANf'lan/1 not. Pne:t ~t'Inl::llmOr P~nar

"

W & J Land Development Company
Page 2 of 3
August 17, 2005

,

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
404/CAMA Wetlands 0.01 (acres) PCN

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 wIn 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.

/

W & J Land Development Company
Page 3 of3
August 17, 2005

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 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.

Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal andlor 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 Cyndi Karoly or Ian McMillan in the
Central Office in Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional
Office at 252-946-6481.

A WK/ijm

rierely,

eM / >La,

YVV' Alan w1:imek. P.E.

Enclosures:

GC 3402
Certificate of Completion

cc: Ms. Roxanne D. Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266,
Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files

Filename: OS 1 279W &JLandDev(Currituck)401

,

"

ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
[phone] fax [phone]

f" J a ,.''!
...~ r" ,
#" iI. f...,
, .".' I.i I'..~
!;€!:,
'"" '''N

/r) (;.~'\ r,--
1 ;.,) ,~,J I,. "~) '{l .,
a .J lJJii V I:U 1';"
~. ,-' h ~.
iii '

August 4, 2005

401 }SSUED

John Dorney
DWQ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

,q
RE: DWQ Project # 05-1250
Lot 17, Sec 2, Swan Beach, Currituck County, North Carolina

Dear Mr. Dorney,

This letter is in reference to your letter dated July 19, 2005 requesting additional
information in regards to a Nationwide fill Permit for W & J Land Development
Company.

The Proposed house and driveway will cover approximately 27% with impervious
surfaces. There are no roadside swales in Swan Beach therefore, the remaining
73% of the vegetated pervious property will intercept stormwater runoff and
provide infiltration prior to being directed to adjacent pervious properties.

A copy of the acceptance letter from NCEEP has been provided.

Please let me know if you have any questions 252-261-7707.

Sincerely,

a

Doug Dorman
Atlantic Environmental Consultants, LLC

~~@~DW~@
AUG I 0 2005
wenNNR - WATER aUAUTY
DSAND STORMWATER BRANcH

.

r

.,..~"~c ""
-. .... . l,

. ,

1f"lE,l:..O._ Sv. st.ern....... t
(f 1" n t,1.lJ.-\ ~\1 (\1'.
_.,;.::].1.. .:J.i;.I I've.. n l..~ 1.
f'p.nO~At~

July 28, 2005

Roxanne Dorman
Atlantic Environmental C.:;ouilnots, LLC
P,Q. Box 3266
Kitty Hawk, NC 27949

F':'l'ie;t. Swan Beach, Lot 17

County: Currituck

The pl!rr-me of this !~tter h 'f) notify YOII that tb'\ Nl)1t~ Cr.rolina Ecosyst~m R.,han<;"~~~r:t 1)~og-?,J;l (NC EE?) is willing to
.. lICCepl?s:';IT'.\:""!'; t~,! !:1:::~Il::t:i r.ii~:l:;i~.If'~ with the above referenced project r!~i',~.. :;::~;: lh:.: r::ir. d. ["iPIl (!Jf'j .',:l assure that
lhe 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. If we have not received Il copy of the issued 404
PcrmitJ401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to :lend
copies of the 404/40l/CAMA permits to NCEEP. 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 are summarized in the
following table.

I River Basin Wetlands .' ! Stream Buffer Buffer
I Cataloging . (Acres) Vi (Linear Feet) Zone I 7.one 2
I Unit (Sq. Ft.) (Sq. Ft.)
.
Rioarian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0.01 0 0 0 , 0 0 0
03010205

Upon re,:~ir~ 0f p':lym~nt. EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2: llitilu, luuffcu, L.lme I 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, andlor CAMA Permit. The
mitigat~0!. v.ill h~ r~l':.:;m.ed in accordance with the Memorandum of Understanding between the N. C. Department of
Enviror.:mnt ,Incf ~':'.Iaral Resources and the U. S. Army Corps of Engineers dated November 4, 1998,

If you have any questions or need additional information, please contact Carol Shaw at (919) 733,5205.

Sincerely,

cc:

Cvndi K!lo"l'lyWr.t!lm<t!'/4MI.1I'.i1
D0'lg Hi:gp,ett, Div.;!iion dCoastaJ Man8gerr.ent
Tracey Wheeler, USACOE - Washington
KYlbBdlht:&,D'YvQ "kCgiClillll uUicc- 'W'<i~hllllJlOn
!;;,..." .
.....

~; G~,;~~I/~4</

,f.""J.r;c.l..r -i

RM~ ~
U-t,IJ
VY..". ..,.......,
i J
I
North Carolina Ecos ~op.t!lr ,'0 ~.,h~n~.,ment P:v!!ra",. 1 6151 M?i1 Sp.rvice C'!1t~r, Re!~;9t\ Nl:": ?7~99-15f,;,? I 91 (I, 7~ 5,O,1?R / www.nceep.net

Eftl1/!.l1..t;,~1j.... Prr,tecflrj Our ,rt;~:-c.

"TA
RCDR

0'( W A 112',ty
O~ Oc..
iif Y
- r-
> -
_ -i
o "'"

Michael F. Easley, Governor

William G, Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W, Klimek, P,E, Director
Division of Water Quality

July 19, 2005

,9
DWQ Project # 05-12~
Currituck County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

W & J Land Development Company
c/o Jim Braithwaite & Whitt Sessoms, ill
109 43rd Street
Virginia Beach, VA 23451

40'\ iSSUE.D

Subject Property:

AEC #05-056
1664 Midland Road
Corolla, NC

REQUEST FOR MORE INFORMATION

Dear Mr. Braithwaite and Mr. Sessoms:

On July 11,2005 the Division of Water Quality (DWQ) received your application dated July 8, 2005 to
impact 0.01 acres of wetlands to prepare a lot for residential development. The DWQ has determined that
your application was incomplete and/or provided inaccurate information as discussed below. The DWQ
will require additional information in order to process your application to impact protected wetlands
and/or streams on the subject property. Therefore, unless we receive the additional information requested
below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and
will place this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.

Additional Information Requested:

1. Plan Detail Incomplete

. Please provide the location of any proposed stormwater management practices as required
by GC3404.
. Please provide detail for the stormwater management practices as required by GC3404.
. Please provide an acceptance letter from NCEEP.

Please respond within three weeks of the date of this letter by sending this information to me in writing
and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.

This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.

N~jthCarolina
/Va/ura//II

401 OversighVExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX 919-733,6893/lnternet: http://h2o.enr,state,nc,us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

ABC 05-056
Page 2 of2
July 19,2005:

CBK/ijm

Sincerely,

Q~

aroly, supervis~
ersight/Express ~~~w Permits Unit

Enclosures: GC3402

cc: Ms. Roxanne D. Dorman, Atlantic Environmental Consultants, LLC, P,O. Box 3266,
Kitty Hawk, ,NC 27949
Tom Steffens, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files

Filename~12~JLandDevelopment(CUrrituCk)OnHOld

W &J Land Development DWQ # 20051279

Subject: W&J Land Development DWQ # 20051279 c..u.:....~\.bc.Y,
lfrom: Laurie Dennison <laurie.j [e-mail]>
~ate: Tue, 26 Jul2005 13:14:38 -0400
To: [e-mail]

40-1 iSSUED

Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. A hard copy letter is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
I

Content-Type: applicationlmsword
i 051279W &JLandDevelopment(Currituck)OnHold.doc
Content-Encoding: base64

1 of 1

7/27/20056:35 AM

20051279

il
j'
,I
"
Il

'-. -
:l
.
,) ~
5 -<
!~
C>
\) =
\) ~
\ ~
~

')

('\

('\

~

~

aa~[[
~~~~~

....$

C:"

g~K~K
~~~~~

~~

~
0>-
ilq;
-""
e

,3'
, !V.
~
(, :,",\;><

[:'

('\

--:,~Q
~~
=~
t;:;tJ
~""
~-
:so
~""
g:5
:::Eta
~~

ATLANl

~
~
~
g
~

~
8
~
~
~
~
>=

t;; 1:;; t:; ~ t;:; t:::;
~ -;:! ~ - ~
..-;..:. .}-~_!. .~_1..J. _ ~_!

-;;:---------'---~

. ,
, i
I

~

IS
g
';i
~
s

'c::r:
-
q)
""
.s
q)
~

~

;..
';i

CURRlrUCK SOUND

~" ~
'~.a
tiP -;

I
I
I
,
I
I
... /
~''''_...... _.;

1 0
I z
1 :;::: CD
C
r- Z
1'1
~
'" )>
;:0
'- )>
m
- 0
()
, I N
G1
"T1
1'1
0 ill
()
III
)> ./

iIln;
cog

)>Ol

'"

1'1
ILO
L0
0)>
;:0
)>
...
CD
",0
n

oU>

()

co

)>

CONEFLOWER LANE

<D
OJ

<
c
...
;
V1 V1 II:
)>
;:0 z
~iIl
0
0 0
r-
1'1
" ;:0
;:0
0
0 )>
0
z co
c
:;::: \Cl
Z
1'1
r- ~
'" ;u
1'1 \
)>
'- r-
0
n r-
- ~
:r ill
6
"T1
': ~
~ 'I ~~
() ~~
g
III
)>1 "
I 3N
::..
I
to
::r 0;
5'
'0 '"
LO
to
V1 )>
1'1 I'" ~
()
... )>
(5 r' OJ
z
- 0 0
Q
n -
OJ
)>
-
-

r::

'"

'-

-CD

:rZ
1'1

V1
o
)>

...~
OJ
"'r-

'"
o
...

n

to

11:::::'

11:;

;:;;

N

-..J

~"" ~
o
... .
~ ,.
... ~
N 3

DAFFODIL LANE

VI
(]>

VI
(J>

VI
...

...
t.. 0
... 0
... <D
... 0
~ ~
... 0
en -..J
... ~
0
-..J en
... ~
0
co (J>
... 0
<D ...
(J> a
~~
~
~ 0
N
(J> ~
N "::!
(J> 0
VI 0
U> ill;:;
...

VI
VI

VI
o

iIl:<5

N
OJ

N
-..J

N
Ol
N
'-"

N
...

N
VJ

N
N

'-"
(J>

~

iIlg;

<D
"

~

'-"
-..J

iIl~

OJ

V1 ill Ii;
)>
z
~ ~
lJ
1'1 '"
;:0 0

25 ~
)>
o Ol
N

~

<D
(J>

<D
...

<D
'-'

en

II:~

'-"

en
.....

<D
o

en
...

OJ
<D

'"
'-"

co
CO

)> 3

'-

:r CO
00 ill"

-r) t~ c;J

,.,~ '<l

iIloCD ...
o
no VJ
^
VJ
co N

)>

-

Vl 3NOVONV
ill 0

I~ CO

1'1
1Il"t:j "
...?Q en

1Il"'~
09

iIlnN iIlVJ

CD

)>

o

<D

'"

'-"

...

N

'"
"

CO
en

'"
co

CO
(J>
OJ
...

'"
'"
-..J
o

iIle;

"::1

OJ
'"

"
tv

~

-..J
'-'
-..J
...

OJ
o

"
<D

"
(J>

"
co

"
en

"
"

3

'0:

;::;

t..
o

VI

N
'"

ill;

N
OJ

;;

N
,I

c;;

N
en

:::;

N
(J>

0;

N
...

ill

N
t..

N
o

N
N

o
o
'"
)>
z
"
1'1
)>
;:0
r-

;;~UI~ 'II~ ~-""1.'....'..'~' D. /.. I' I
n, ::; b' . .... III
~I' 0,. ----_.;,.,..._
, I~:" ...,.i.f..--.........../.. . (/J.. ......
__JOJ64~__ _1_ J~!.!_ _'_'. /
- ..,...,- .,,,.. ~-" ~ ---- !.~ .... . ;"",.....

H1L( C,j~~{/
I ~t, /""'''''-(S''--'',-" 'e';'>e,
8 ';. / fr/-;"...~ ."""'-
r J i /,\ *."~.
"lg~rD, 0
~ ~ V ~(;\{ ~~
2.~ 2
1 p.....
" ~8~ ~
~~ I
.. ~ '" 8~ .../
"'~ .. 0 '" ~8~ ~
'0: 'z'~Nr~ 6">0' G -~~ 'l:

/'--...... 1>, , o~ 6 ",_<to
L.J ~'~I:J", gsOCl
t\J_ ....,__~~. ~~
l.,.J '-'~'ri:
\........ ?i.. :r.t~. \ fA

L.J ~/l .......
... ~~? /k~t ,,~D
t~ ~ 1/ ~~ ,,~

L.J ~ I 1..~. '-..~9',,.O' '>
'" .-J ..... . _. ~ . '

~ ,! ~H ~)-. ..
r ",.g~\. ..~ .c CJ . ~'''."

.~ " ~
~ \ ~

r ~:o= ,,"'.
... = $"

,.,-'''00:.. / \ ! ~ ;:; ~
ct;9~\
~ ~-~
1 ~!i~(,H~
----.,--/ ~;:3

f'1i .... .. ,_,__. ... t? n_'_n'__

~ r";~ii" "~r~
~.~ -~V~'/ (
~~ ~~ . ~~-0/0
II ,,:.' ~~%,

f\:>
-..I
CD

I~

:""'OJZ
.J1;-t~
~IQ
:OOJ~
...
r-</
23l
V1
~
Z
o

........

I
I
~
;J

~

=~~
t:oj;O
~i ~~g
IO~~
-c.1 ~=~
J='JJ~
~~=
~t:oj~
lo~g
~ i~;3~
I 'JJ
I
I
I
I
I
I
I
i
I
I
I
I
!

111;"5'

--.----

~;f;i;-'-

'.~4'
..1'

N
C!l

.,!-r;ir,,~~'

N
'"

~
.'
...

v
;
~

;:0
o
)>
o

'-'
"

t.-
CO

"";~
" ~
Ut~
CO
<:::!;><
~
...,
t":l
~

t":l

~-~
~g.~
c.."'8.......
)o,~QO

v
~

I

~i
i
I
I
I
i
I
ii'
I
~I
I
/
I
j
I
I
J
~I
i
I
I
!

'-'
<0

...
o

:::

...
N

...
t._

rJ1 pt;:
00:'"
t"'" Bg_
~ ~~~

-6'S8,go'--

f'\)
o
o
01

..I~i:ii2;.U

~
t'rl
~
t'rl
~
--::
t'rl
t::l

~~~
~;::k;_
~[j

~

~
~

3 t

3

CO
...
Cll
'-'

CO
t..

lJ'
CO

'-"
<D

t..
...

'-'
(J>

o
10

'-'
N

;:::;

o

0>
o

co
N

'-"
"

iIlt::

'"
(]>

o
CO
o
-..J

::;
tv

'-'
'-'

o

;::;

t._
...

t..
tv

'"
-..J

t."
'"

CO
en

~

~

'"

:;;:

CO

~

'-'
OJ

'-'
t."

en
N
en
'-'

co
"

3

CO
o
"
<D

o
en
o
(J>

t."

VJ

CO
CO

...

0>
...

"
OJ
-..J
"

V1
1'1
)>

L"

::;

OJ
<D

o
...

~
.--
r-

::;

'"
o

en
lJ'

o
t..

en

m
'"

"
en

3

~

;u
o
)>
o

;u
o
)>
o iIl~

o
N

"

::;

CO

Jim Braithwaite
W & J Land Development
109 43rd Street
Virignia Beach, VA 23451

i
i
I
,
I

:~
! .-- -_.-
/~ ..&>?------X-

PUTH IZATION

I, Jim Braithwaite authorize Atlantic Environmental Consultants, LLC (AEC) to
apply for environmental permits on W & J Land Development's behalf, for
property located in Swan Beach, Currituck County, North Carolina.

7--S--V.s-
DATE

,j!~ J l "i

!"\
i:ll
l0

V'; 0"";,,.,..,:i..:..-; .J;'~-:'_::Cii

.

401 1SSUED

PAYMENT
RECEIVED

20051219

I USACE Action ill No.

DWQ No.

If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A" rather than
leaving the space blank.

I.
I

Processing

filE GDPV

1. Check all of the approval(s) requested for this project:
[2] Section 404 Permit
o Section 10 Permit
[2] 401 Water Quality Certification
o Riparian or Watershed Buffer Rules

~;
\~~.

1 i llJ\)~
Jljl ~

-\;.:t-.H.1. -
'J.J::.'_.~,:
~~~t.1V-~\~~'.)

2, Nationwide, Regional or General Permit Number(s) Requested:

Nationwide 18

3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: 0 N/ A

4, If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: [2]

II. Applicant Information

1. Owner/Applicant Information
Name: (applicant/buyer) W & J Land Development
Mailing Address: c/o Jim Braithwaite & Whitt Sessoms. III
109 43rd Street
Virginia Beach. VA 23451
Property owner (seller): Doug & Sharon Twiddv - 1181 Duck Road. Kittv Hawk. NC 27949
Telephone Number: see agent info, Fax Number: see agent info,
E-mail Address: see agent info,

2, Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: Roxanne D, Dorman
Company Affiliation: Atlantic Environmental Consultants. LLC
Mailing Address: P,O, Box 3266
Kitty Hawk. NC 27949

Telephone Number: 252-261-7707
E-mail Address:[e-mail]

Fax Number: 252-261-2965

Page 1 of8

\, ~

qI. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads, Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties, Both the vicinity map
and site plan must include a scale and north arrow, The specific footprints of all buildings,
impervious surfaces, or other facilities must be included, If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined, Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined, For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans, If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1, Name of project: AEC #05-056

2, T.I.P. Project Number or State Project Number (NCDOT Only): N/ A

3, Property Identification Number (Tax PIN) Parcel ID#101A00000170002

4, Location
County: Currituck County Nearest Town: Corolla
Subdivision name (include phase/lot number):Lot 17. Section 2. Swan Beach
Directions to site (include road numbers, landmarks, etc, Heading north on Hwy 12 to
Corolla. 4-wheel drive access only to Swan Beach. turn left off beach onto Anemone Lane.
go west and take fourth road on right (Midland Road) head north on narrow dirt road
(Midland Road). existing house on south side of Lot 17, Lot 17 is the 6th lot on the left hand
side (west) of Midland Road, (physical address: 1664 Midland Road)

5, Site coordinates, if available (UTM or Lat/Long): 36028' 18,60''N 75051 '28,OO'W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody,)

6, Describe the existing land use or condition of the site at the time of this application:
Lot 17 is currently undeveloped vacant land with grassy vegetation and live oaks, Adiacent
lot to the south is developed as single-family residential. Adiacent lot to the north is vacant
undeveloped property,

7, Property size (acres): 0,34 acres

8, Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean

9, River Basin: Pasquotank River Basin

Page 2 of8

~

(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at . )

10, Describe the purpose of the proposed work: Fill in Section "404" wetlands to prepare the
site for residential construction. .

11, List the type of equipment to be used to construct the project:
loader

Dump truck. frontend

12, Describe the land use in the vicinity of this project: undeveloped/residential

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain, Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn, Provide photocopies of previously issued permits,
certifications or other useful information, Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P, project, along with
construction schedules,
Jurisdiction determination has not been made at this time, Lot 17 was delineated by soil scientist
David E. Meyers on May 16.2005 (attached letter), No prior permits obtained for this lot.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this proiect.

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below, All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan, All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems, Wetland and stream
evaluation and delineation forms should be included as appropriate, Photographs may be
included at the applicant's discretion, If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below, If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts

Page 3 of8

{~

Wetland Impact Area of Located ,,'ithin Distance to
I Site Number Type ofImpact* Impact 100-ye;u Floodplain* * Nearest Stream Type ofWetl;llld***
I (indicate on map) (acres) (yes/no) (linear feet)
1 Wetland fill 0,01 ac yes 1,400 feet from grassy wetland
Atlantic Ocean
,
~
i

* List each impact separately and identit\. temporar\' impacts. Impacts include, but m'e not limited to: mechanized clearing, grading, fill,
excayation,l1ooding, ditching/drainage, etc. For dam'), separatelY list impacts due to both stnlcture ,Uld floodi.ng.
** JOO-Year 1100dplain,> are identitied through the Federal Emergency Management Agency's tFE}.;!A) Flood Insurance Rate Maps
I FIRM I. or FEMA-apprmed local tloodplainmaps. Maps are ayailable tImmgh the FEMA. Map Service Center at 1-800-358-9616, or
online at
*** List a \yetland npe that best describes \Yelland to be ullpacted t e.g., fi.-esh\yater/saJt\mter marslL ti)rested \Yelland. l>eayer pond,
Caroli.na Bay, bog, etc.}

List the total acreage (estimated) of existing wetlands on the property: 0.01 acre
Total area of wetland impact proposed: 0,01 acre

2, Stream Impacts, including all intermittent and perennial streams

Stream Impact Length of A yerage Width Perennial or
Site Number Type ofImpact* Impact Stream Name** of Stream Intermittent')
(inchcate on map) (linear feet) Before Impact (please specify)
N/A N/A N/A N/A N/A N/A
I
I

List each impact separately and identif,' temporal'\" impacts. Impacts ulclllde, but are not limited to: culyerts and associated rip-rap.
dnms I selxu'ately list impacts due to both stnlcture and 110odulgl. relocation (include li.uear teet beti)!"e and aller. and net loss/gain),
stabilization actiyities I cement \yall, rip,rap, crib \yal1, gabions, etc.}, excayation, ditchi.ng/straightening, etc, If stream relocation is
proposed, plans and protiles shm\'ing the linear ti)otprint tl)!" both the original and relocated streams must be included.
Stream names can be timnd on USGS topographic maps. If a stream has no name, list as lfT (U1l1wmed tributary) to the nearest
dmmstream named stream into \yhich it l1mys. USGS maps are a\'ailable through the USGS at 1-800-358-9616, or online ,It
Seyeml intemel sites also al1my direct Jmmload ;Uld printing of USGS maps I e.g.,
, etc,l.

Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts

Page 4 of8

3, Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S,

Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type ofImpact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A N/A N/A N/A N/A

*

List each impact separately and identify temporary impacts, Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, ctc,

4, Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections, Also, the proposed pond should
be described here and illustrated on any maps included with this application, N/A
Pond to be created in (check all that apply): D uplands D stream D 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

Size of watershed draining to pond: N/A

Expected pond surface area: Nt A

i
i
VIT. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible, Also discuss how impacts
were minimized once the desired site plan was developed, If applicable, discuss construction
techniques to be followed during construction to reduce impacts,
The proposed impact was limited to a total of 0,01 acre, Due to the location of the wetland pocket. (central
location of the lot) fill is necessan' to prepare the site for residential construction. There are no alternatives to
wetland impacts due to the fact of the central location of the wetland pocket, site restraints (building setbacks) and
septic setbacks,

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

Page 5 of8

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams,

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed, Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed,

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing, Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete, An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in NOlth Carolina, available at

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 off site), 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.
Mitigation proposed for this proiect is the purchase of wetland credits from NCEEP,

2, Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP, Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements, Applicants
will be notified early in the review process by the 40I/Wetlands Unit if payment into the
NCWRP is available as an option, For additional information regarding the application
process for the NC\VRP, check the NCWRP website at . If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

N/A
N/A
N/A

NfA

'I.. Ac.re, -tOr' O.CI.-cc'.
\ tvo.t ",-,S

Page 6 of8

IX. Environmental Documentation (DWQ Only)

Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?

Yes D

No ~

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No ~

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No ~

x. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)

It is tlle 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, AU proposed impacts must be listed herein., and must be dearly identifiable on the accompanying site plan,
All buffers must be shown on a map, whether Of not impacts are proposed to the buffers, Correspondence from the
DWQ Regional Office may be included as appropriate, Photographs may also be included at the applicant's
discretion.

Will tlle project impact protected riparian buffers identified witlJin 15A NeAl' 213 .0233 (Neuse), 15A NCAC 2B
,0259 (Tar-Pamlico), 15A NCAC 2B ,0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/ A )'1
Yes 0 No [gJ If you answered "yes", provide the following infonnation:

Identify the square feet and acre.age ofimpaclto each Lone orlhe riparian bulkf5 ll'bul1er mitigation is required
calculate the required amount of mitigation by applying the bln::. lTllllliplicl";,.

Zone* Impact ! Multiplier Required
(square feet) i Mitigation
I N/A 3 N/A
2 NtA 1.5 NtA
Total i N/A N/A

*

Zone I exiends out 30 teet perpendicular from lleili bank oCchanw.:L 7ow: 2 cXknus

If buffer mitigation is required, please discuss ,;vhat type of mitigation is proposed (i,e" Donation of
Property, Consen.ation Easement, Riparian Buffer Restoration;' Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund) preasc atL)ch c)[f :lpj'li)iii i,l!c lnl(); HU;I'in :h idc.;itificd "it!;i;;
15A NCAC 2B ,0242 or .0260
No buffer mitiQation required f;::)r thJS project Sll1ce Qlsturbance/tlll is not within the butTer.

Page 7 of8

. f

.

XI. Stormwater (DWQ Only)

Describe impervious acreage (both eXIstmg and proposed) versus total acreage on the site,
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property,
Existing impervious surfaces do not exist at this time, Impervious surfaces will be limited to
house footprint = 2.424 s,L covered porch = 168 s,L driveway. walkway and parking = 168 s.f.
Total prooosed imoervious surfaces = 4.113 s.f. (27% lot covera2e). No stormwater controls
are proposed since there are no adiacent wetlands to this proiect. Wetland fill is a small wetland
pocket on site,

XII. Sewage Disposal (DWQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility,
An on site conventional septic system with a repair area is proposed for this lot

XIII. Violations (nwQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H ,0500) or any Buffer Rules?
Yes 0 No [2J

Is this an after-the-fact perInit application')
Yes 0 No [2J

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits, However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e,g" draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control),
: No constraints are currently associated with this proiect

~~ 7- 8"-o~

Applicant! Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
I

Page 8 of8

VA

\
~
\

C(;~Rl7lJCk
SouND

LOT 16
SWAN BEACH
SECTION 2
M.S. 3, PG. 33

VICINITY MAP
NTS

\

~

--

10'

N8Y25'00"E -

->
o EIR
o
o
o.

'o'3~~y'a,;~T'

,,"i..
I '~%~~&?~'(d~:",,:?.., ,,.; ->./;,; 0
PROP~ED "'-:'I:-^~'~n:'-:'\o.. .'..~......:...~~t...:..........~ 0 \
Z . ""f\.I 'J" . 1t\.'" ,-' I '. I' "." .... .
2 STORY 000 ~..." . ...~...... 1. ",:~'I"",,> ............. ..... .... .
o FRAME 0 LUNG . ,,:. .:.::. ;......:,.'..:~..'.:...~.;...(J!.... . 0
~ (4) BEDR OM :....; '.' .',' " ~ ~ SIR o. \
VI 3280 SQ~FT._ _- . 10' M.B.L. If"
(J1. (INCLUDING C~RED PORCHES) __ S8Y25 00
g F.F.E. - x.x \ 1\ .
= EI \
:::iE 00' WOODEN SPUT RAIL FENCE \
150.

<.f)
o
en
.

\~
~\\
~~tO
,to
-<(0
~-
IR

LEGEND

\
\

PROPOSED Fill AREA (402 SF)

LOT 18
SWAN BEACH
SECTION 2
M.B. 3, PG, 33

URVEY INFORMATION PROVIDED BY BISSELL PROFESSIONAL
GROUP. PLAT DATED 6/14/05

-

--

(j) ~
o.
:;u 6
........ ,
::f )::-
;--. z
c 0
z:
~ ?J
iJ 0
:;u
0 )::-
~ 0
CJ
'-"

\

\

\
\

NATIONWIDE #18 FILL PERMIT
W &: J LAND DEVELOPMENT
LOT 17, SEC 2, SWAN BEACH
FRUI1VILLE TOWNSHIP CURRITUCK COUNlY - NORTH CAROUNA
15' 0' 30' 60' 90'
I I I I I ATLANnC ENV//?ONVENTAL CONSIJLTANTS, LLC
GRAPHIC SCALE 1"= 30' p.a BO)' J266, KITTY HAWK, MC. 271./1
(252)26/-7707, e-mol! rrJx(/()nT/on(Jo()l.c()m

FILE: 05-056

7/8/05

DAlE:

REVISED:

o
o
o
o
o
o
o
,0
o
t. ~
~..i-
o
o
o
o

::~
:.J
:j
~
":i
:1
.:+:
';

:.i
'.
,

10

,....

DWQ#

bS ,. /2... 7t

71 ['fIn?
I I

Who Reviewed: Li 4 evcLw

Date

Plan Detail Incomplete

Please provide a location map for the project.

Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.

Please show all wetland impacts including fill slopes ,on the site plan.

Please indicate all buffer impacts on the site plan.

I'

Please indicate proposed lot layout as overlays on the site plan.

Please indicate the location of the protected buffers as overlays on the site plan.

Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.

Please provide. cross section details. showing the provisions for aquatic life passage. ..,....',..,.., ..,..,... ,. . .... , .. '. .. .. n -- .,.,. .,..

Please locate any planned sewer lines on the site plan.

Please provide the location of any proposed stormwater.management practices as required by GC ~~q

Please provide detail for the stormwater management practices as reql!-4'ed by GC 3. qo1

Please specify the percent of project imperviousness area based on the ~timated built-out conditions.
\,

Please indicate all stormwater outfalls on the site plan. \\\
~.
Please indicate the diffuse flow provision measures on the site plan. \ '....

\
Please indicate whether or ~o~ the proposed impacts already been conducted. ',. .

,;

A voidance and/or Mbiimization Not Provided

\:1

o The _ labeled as _ on the plans does not appear to be. necessary. Please eliminate the _ drprovide a4ditiol!la1 .
information as to why it is necessary for this project. ;, " .

o This Office believes that the _labeied on the plans as
. Please revise the plans to avoid the impacts.

can be moved or reconfigured to avoid the impacts to the

can be moved or reconfigured to minimize the impacts to the

o This Office believes that the _labeled on the plans as
. Please revise the plims to minimize the impacts.

o The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer, If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management .
practices that remove nutrients before the s.tormwater can be discharged through the buffer.

Other

o

The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your ap~lication can be reviewed.

Please complete Section(s) on the application.

o
o
o

Please provide a signed copy of the application.

:::::de (j)r/;;=n,~ili<:;~mfurm~ ~

f at .. ., . d fi thi . PI' .t;t:- ~.. . I Th
o compens ory IDltigatiOn IS reqmre or s proJect.. ease proVl= a compensatory IDltigatiOn p an. e
plan must conform to the req~ements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.

o Please indicate which 404 Permit the USACE would use to authorize this project.