20041201 Ver 1_COMPLETE FILE_20040722

? OCT I
AIL 3 2004
NCDENR oERR WATER QUAL'?
North Carolina Department of Environment and Natural Resourc I)SAJ;DSTORM0A R6RANCH
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
October 6, 2004
Roxanne D. Dorman
Atlantic Environmental Consultants, LLC
P. O. Box 3266
Kitty Hawk, NC 27949
Re: DWQ ID Number 04 , Nationwide Permit Application for
Business Seventeen's wetland fill activity in Dare County
Dear Ms. Dorman:
The North Carolina Division of Coastal Management has reviewed your application, dated July 21,
2004, for a U.S. Army Corps of Engineers Nationwide Permit, pursuant to Section 307 of the
Coastal Zone Management Act of 1972, as amended. Based upon our review, we have determined
that the proposed activity is consistent with the North Carolina Coastal Management Program
subject to the following conditions:
1. The -activity described in your application is for the issuance of a U.S. Army Corps of
Engineers Nationwide Permit, Number 18, under 33 CFR Part 330. Any modification of
your proposed activity, or change in the Nationwide Permit Number that you are seeking,
will require an additional review for consistency by this office.
2. Since the activity that you propose involves impacts to waters and/or wetlands, a 401 Water
Quality Certification must be obtained from the North Carolina Division of Water Quality,
which our records indicate you have already received.
Please understand that this letter does not relieve you of the responsibility to ensure that all other
applicable State authorizations and/or permit requirements are met prior to implementation of the
project. Please feel free to contact me at [phone] if you have any questions or need further
assistance.
Sincerely,
Ted Sampson
District Manager
TS/yc
cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Stephen Rynas, Federal Consistency Coordinator, NC DCM, Morehead City
Wilmington District Engineers; ATTN: CESAW-CO-E, US Army Corps of Engineers
John Dorney, Water Quality Section, NC Division of Water Quality, Raleigh
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -- 30% Recycled by Fiber Weight
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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
[phone] fax [phone]
August 31, 2004
WETLANDS/ 401 GR00P
Mr. William Wescott
US Army Corps of Engineers SEP 0 3 2004
Regulatory Branch
P.O. Box 1000 WATER WALRY SECAN
Washington, NC 27889
RE: Business Seventeen, LLC - Action ID No. 200411668
Dear Mr. Wescott,
This letter is with response to your letter dated August 23, 2004 requesting additional
information with reference to the compliance of the MOA. The attached revised site plan is
the original site plan before the applicant decided to construct a swimming pool. The
swimming pool has been removed from the site plan, which reduces the wetland impacts from
0.08 acres to 0.036 acres. Fill just outside the house footprint allows for a 3:1 slope from fill
area needed to construct the house footprint. The property owner plans also includes
connecting highground to highground to utilize the adjacent upland in the future to construct an
enclosed breezeway from the residential house to access an enclosed dinning area. A portion
of the decking attached to the residential dwelling will be pile supported and elevated a
minimum of three feet above Section 404 wetlands not the be filled.
Since wetland impacts have been reduced, mitigation on site will allow for 10:1 ratio of
preservation as an onsite conservation easement. Conservation easement (15,780 s.f.) will be
recorded by the landowners title attorney once permit approval.
We appreciate your consideration of the revised site plan, which indicates the least damaging
to non-riparian Section 404 wetlands. If you have any questions please do not hesitate to call
252-261-7707.
Sincerely,
Roxanne D. Dorman
Atlantic Environmental Consultants, LLC
Encl.: a/s
cc: John Domey, N.C. Division of Water Quality
Dennis Hawthorne, Division of Coastal Management
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Business Seventeen, LLC
Attn: Thomas F. Coates
5206 Market Road, Suite 200
Richmond, VA 23230
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 27, 2004
Subject Property: Lot 4, Phase 10, Kinnakeet Shore Resort
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Coates:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1201
Dare County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.05 acres of wetlands for the purpose of constructing a home at the subject
property, as described within your application dated June 30, 2004 (received on July 22, 2004) and
modified on August 13, 2004 (received on August 16, 2004). After reviewing your application, we have
decided that the impacts are covered by General Water Quality certification Number(s) 3402. The
Certification(s) allows you to use Nationwide Permit(s) 18 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 Coastal Management 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.
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 Approved Plan Location or Reference
(Units)
404/CAMA Wetlands 0.05 (acres) As shown on the August 13, 2004
modification
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 77604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Nose Carolina
NW A(ra!!y
Business Seventeen:
Page 2 of 3
August 27, 2004:
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.
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.
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,
Business Seventeen:
Page 3 of 3
August 27, 2004:
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 John Dorney in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
AWK/jrd
Enclosures: GC 3402
Sincerely,,
Klim P.E.
Certificate of Completion
cc: Roxanne Dorman; Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC
27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 041201 BusinessSeventeen(Dar.e)401
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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
[phone] fax [phone]
August 13, 2004
John Dorney
Division of Water Quality
401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ Project No. 04-1201
Dear Mr. Dorney,
This letter is with reference to your letter dated August 3, 2004 requesting additional information
in order to review the wetland fill request for Business Seventeen, LLC, Lot 4, Phase 10,
Kinnakeet Shores, Dare County, North Carolina.
The Kinnakeet Shores Subdivision currently has a central wastewater system that serves the
entire subdivision therefore an onsite wastewater system has not been shown on the proposed site
plan.
The enclosed site plan has been reviewed and modified to decrease the impacts to the adjacent
404 wetlands. The fill area has been reduced to 2,318 sf in order to minimize impacts to the
wetlands.
The mitigation area located onsite will be recorded as a conservation easement with the North
Carolina Ecosystem Enhancement Program and this area will be provided to them when the
permit has been issued by the appropriate regulatory agencies.
Please do not hesitate to call me if you have any questions or need additional information 252-
261-7707.
Sincerely,
Doug Dorman
Atlantic Environmental Consultants, LLC
Encl.: als
WETLANDS 1401 GROUP
AUG 1 6 2004
WATER QUALITY SECTION
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 3, 2004
DWQ Project # 04-1201
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Business Seventeen, LLC
Attn: Thomas F. Coates
5206 Market Road, Suite 200
Richmond, VA 23230
Subject Property: Lot 4, Phase 10, Kinnakeet Shore Resort
REQUEST FOR MORE INFORMATION
Dear Mr. Coates:
On July 22, 2004, the Division of Water Quality (DWQ) received your application dated July 21, 2004 to
impact 0.08 acres of wetlands to construct the proposed residential construction. 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. Water Quality Certification
Please locate any planned sewer lines on the site plan.
2. Impact Justification (Avoidance and Minimization)
This office believes that the house, driveway and pool deck can be moved to reconfigured to avoid
the impacts to the wetlands and better utilize the uplands.
3. Mitigation
DWQ requests that an independent 3ra party, such as a land trust, hold any conservation easements
for the proposed wetland mitigation.
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
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 NorthCarohna
Phone: [phone] /FAX [phone]/ Internet: httr)://h2o.enr.state.nc.us/ncwetlands Aatmallff
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Business Seventeen, LLC
Page 2 of 2
August 3, 2004
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 Ed Schwartzman 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.
Sincerely,
Dom
D Q, Wetlands / 40 Unit
JRD/bs
cc: Tom Steffens, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Roxanne Dorman, Post Office Box 3266, Kitty Hawk, NC 27949
Mename: 04-1201 Business Seveteen (Dare) On Hold

ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266 Kitty Hawk, NC 27949
[phone] [phone] fax [e-mail]
June 30, 2004
041201 WETLANDS /4p1 GROUP
Joe Spagnolo JUL 2, 22004
9136 Covington Ridge Court
Mechanicsville, VA 23116 WATER QUALITY SECTION
RE: Lot 233, Monteray Shores, Corolla, Currituck County, North Carolina
Dear Mr. Spagnolo,
Atlantic Environmental Consultants, LLC (AEC) is pleased to present this Scope of
Services and Fee Estimate to request permits to fill Section "404" wetlands on Lot 233,
in Monteray Shores, Currituck County, North Carolina.
AEC proposes to prepare a wetland fill plat, with the site plan, along with the
appropriate applications and support documents for submittal to the various resource
agencies, and to coordinate with the resource agencies during the receipt of their
comments.
The fee for AEC to accomplish this scope of services will be?. This fee does
not include application fees. If you decide to retain AEC for the above services, please
provide a 411W retainer, which will be applied to the final invoicing, and sign at the
bottom of this document so that we may commence work.
We look forward to working with you on this project. PAYMENT
Sincerely, RECEIVED
Roxanne D. Dorman
Atlantic Environmental Consultants, LLC
Z1, AUTH RIZATION DATE
FILE COPY
USACE Action ID No. DWQ No. 0 412'01
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
WETLANDS / 401 GROUP
1. Processing
1. Check all of the approval(s) requested for this project: JUL 2 2 2004
® Section 404 Permit WATER QUALITY SECTION
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
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: ? 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: ? N/A
II. Applicant Information
1. Owner/Applicant Information
Name: Business Seventeen, LLC
`-? Mailing Address: c/o Thomas F. Coates
5206 Market Road
Suite 200
N =, Richmond, VA 23230
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 Fax Number: 252-261-2965
E-mail Address: RoxDormankaol.com
Pagel of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Coates AEC#04-054
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): #054905085148
4. Location
County: Dare County Nearest Town: Avon
Subdivision name (include phase/lot number):Lot 4, Phase 10, Kinnakeet Shores Resort
Directions to site (include road numbers, landmarks, etc. Heading south on Hwy 12 to
Avon turn right at the entrance to Kinnakeet Shores Resort (Kinnakeet Blvd.) just before
Sun Realty, turn right at guard house on Starboard Drive, turn right on Dory Lane, Lot 4 at
center of cul-de-sac.
5. Site coordinates, if available (UTM or Lat/Long): 3519'55.76"N 7530'43.49"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 4 is currently undeveloped.
7. Property size (acres)
0.83 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound
9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/inaps/?.)
Page 2 of 8
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: Dump truck, frontend
loader
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 been made and a wetland plat has been signed by Tom Walker,
USACE (4-27-01). 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 project.
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 of 8
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
1 Wetland fill 0.08 ac yes 1,400 feet from
Pamlico Sound scrub wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httt?:; ?nl,.fenrt.ao\.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.67 acres
Total area of wetland impact proposed: 0.08 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secify)
N/A N/A N/A N/A N/A N/A

x List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
«N\Nx.usgs.go\. Several internet sites also allow direct download and printing of USGS maps (e.g., \? \N topozone.corn.
\N NN,,% mapg est.com. etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Page 4 of 8
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation 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): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impact was limited to a total of 0.08 acre. Due to the lot shape and_buildina setbacks wetland fill
is necessary to prepare the site for residential construction. A retaining wall is proposed and fill is to be placed
behind the retaining wall allowing the existing grade to be elevated. Wetland fill is also necessary to connect
highground with highground. The highground island will be utililized as a picnic area once fill is in place.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size- of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlandsistrmgide.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.
Mitigation proposed for this project is the remaining wetlands on site 0.45 ac. (excluding a 15 foot buffer to
allow for vegetation maintenance) to be recorded as a conservation easement as "preservation". The
conservation easement (0.45 ac.) will be recorded as "preservation" by the landowners title attorney. The
permittee will be prohibited from performing any of the following activities within the recorded conservation
easement: Filling grading; excavating; earth movement of any kind; construction of roads, buildings, signs, or
any other structure; an ay ctivity that may alter the drainage patterns on the property or any other activity which
would result in the wetlands being adversely impacted or destroyed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at b.ttp:i;'h2o.enr.state.iic.Lis,,wrp/iiidex.lmn. 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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 6 of 8
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local
buffers associated with the project. The applicant must also provide justification for these impacts in Section VII
above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan.
All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the
DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's
discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B
.0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required
calculate the required amount of mitigation by applying the buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B.0242 or.0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
Page 7 of 8
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious surfaces do not exist at this time. Impervious surfaces will be limited to
house footprint, driveway and parking_(approx. 6,500 s.f. = 15% coverage).
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
No constraints are currently associated with this project
----i 2 i G(4
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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DWQ# 6q-L2-0 1
Plan Detail Incomplete
1
? 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.
? 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.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
1•
? Please indicate all stormwater outfalls on the site plan.
,
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted. ;
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimise the impacts to the
Please revise the plans to minimize the impacts.
? 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 stormwater can be discharged through the buffer.
Other
? 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 application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application,
Mitigation
copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
fl nat fubm'l le#-ter ?re- 't6P ucce/7tiny rkef`r PrafSed Gonfcro&- eaJe-eKI fir m%?ga'r•or,,
(Ise verbayre p., oy-Ioj_S i Old letftr Chary brK O"re Co) ra.P46;eg M"tJ Sawytr wrA Skfly-K:w
Nvrly. (411) 716
Date ?f Zd 00 Who Reviewed: E? ?°?^
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Business Seventeen, LLC
5206 Market Road, Suite 200
Richmond, VA 23230
DWQ# 04-1201 - Dare
A. Signature
X `}-f ? J
? Agent
? Addresse(
B. Re*ived byi(Prl ted Name) C. Date of Deliver)
(S - C44 8 1 w 1o'f
D. Is delivery address different from item 1? IM Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail ? Express Mail
? Registered O?Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7001 2 510 0009 0250 7144
(Transfer from service label)
PS Fnrm'4A11 Fahnmrv 9nn4 Domestic Return Receipt io2F
UNITED STATES POSTAL SERVICE

• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
01 1f1l1lt1f1if11111tffff11111fllill111111lrffillf111ltill 1111111
?'4' D
WQ# Date ? Who Reviewed: Al r. 4 Es
Plan Detail Incomplete
? Please provide
? 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.
F1 , P?easei4av_49 proposed yb y ?. ,i=TiWTlaa:
t L riease wu:ca t the i? aLLon or the *oteL.- 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. - - --- -
0 Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater.management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated 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 not the proposed impacts already been conducted: ;
Avoidance and/or Minimization Not Provided i
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide adtlitiotral
information as to why it is necessary for this project.
hovs C , * driveway * POOL DECK
This Office believes that the can be moved or reconfigured to avoid the impacts to the WC;? kWxq?'5
Please revise the plans to avoid the impacts. 'Je tj n u i ti p UPL?+AI
? This Office believes that the labeled on the plans as can be moved or reconfigured to m;n;m;ze the impacts to .the
Please revise the plans to minimize the impacts.
? The stonmwater 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 stormwater can be discharged through the buffer.
Other
? 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 application can be reviewed. t
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A.NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
VWQ r ?s+s . ?kak alp ?0a? e_? 1;? Of
bLk) Q RE-OUSTS -T-*#TAlu
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