20041089 Ver 1_COMPLETE FILE_20040708

a: WA
F'
A
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
N
r 29, 2004
DWQ Project # 04-1089
Dare County
Mt. ary Lake
C/o emax Ocean Realty
Post ffice Box 8
Kill evil Hi11s, NC.27948
Subje t Property: Pine Grove Subdivision, Lot# 3
I
Approval of 401 Water Quality Certification with Additional Conditions
Dear . Lake:
You ve our approval, in accordance with the attached conditions and those listed below, to place fill
withi or otherwise impact 0:099 acres of wetlands for the purpose of residential construction at the
subje t property, as described within your application dated June 28, 2004 and received by the N.C.
Divis n of Water Quality (DWQ) on July 6, 2004. After revi wing your application, we have decided
that ' impacts are covered by General Water Quality Certifical'on Number(s) 3402 (GC3402). The
Cet'ti catio;p(s) allows you to use Nationwide Pe t(s) 18 when\issued by the US Army Corps of
En in ers (USACE). In addi ion, you should` obt?i n or otherwise` comply with any other required federal,
state local permits before ou go ahead with your project including (but not limited to) Erosion and
Sed' nt Control, and Non-discharge regulatjonAlso, this approval' to proceed with your proposed
impc or to conduct impacts to waters as depicted in your application shall expire upon
expir tion of the 404 or CAMA Permit.
This a proval is for the purpose and design that you described in your application. If you change your
projec , you, must notify us and you may be required to send us a new application. If the property is sold,
thene owner must be given copy of this Certifcation and approval letter and is thereby, responsible for
conapl ing with all conditions If total fills for thi project (now or in the future) exceed one acre of
wetlan', or 1150 linear feet of seam, compensato mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you ?o follow the conditions listed in the attached
certific tion and any additional conditions listed below.
j he A ditional Conditions of the Certification ?re:
. Im acts Approved
The following impact are hereby approve as long as all of the other specific and general
conditions of this Certification (or Isolates Wetland Permit)' are met. No other impacts are
approved including incidental impacts
Amount Appro
(Units) ved
j Plan Location or Reference
404/CAMA Wetland 0.099 (acres)
s ?
Ane Caro a
401 Wetlands Certification Unit
QtllCll
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 17604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr,state.no.us/ncvietianda
i
Mr. Gary Lake
Page 2 of 3
November 29, 2004
2. Erosion & Sediment Control Practices
Erosion and sediment control pragtices must be in f ll compliance with all specifications
governing the proper design, installation and opera 'on and maintenance of such Best
Management Practices in order to protect surface aters standards:
a. The erosion and sediment control measures fo the project must be designed, installed,
operated, and maintained in accordance with t e most recent version of the North Carolina
Sediment and Erosion Control Planning and esign Manual.
;b. The design, installation, operation, and, mainte ance of the sediment and erosion control
measures must be such that they equal, or exce, 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, b rrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow its associated with the project.
c. For borrow pit sites, the erosion and sediment, ontrol measures must be designed, installed,
operated, and maintained in accordance with t e most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementatio must comply with the reclamation in
accordance with the requirements of the Sedi entation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No wastespoil solids or fill of any kind shall occ \ etlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Co struct on Notification. All construction
activities, including the design, installation, operat on, and maintenance of sediment and erosion
control Best Management Practices, shall be perfo ed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w%n Wetlar s or Waters
Sediment and erosion control measures shall not b placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and 0 osion control devices in wetlands and waters
is unavoidable, they shall be removed and the nat al grade restored' within six months of the date
that the Division of Land Resources has released t e project.
5. Certificate of Completion
Upon completion of all work approved within the' 01 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, a 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, 27699-10 0.
Violations of any condition herein set forth may result in r vocation of this Certification and may result in
criminal and/or civil penalties. The authorization to procc d with your proposed impacts or to conduct
impacts to waters as depicted in your application and as au horized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certifica ion (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 writte petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Admi istrative Hearings, 6714 Mail Service Center,

i
Mr. Gary Lake
Page 3of3
November 29, 2004
I
AWl
cc
h, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
tter;completes the review of the Division ?f Water Quality under Section 401 of the Clean. Water
you have any questions, please telephon Cyndi Karoly in the Central Office in Raleigh.at 919-
21 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
Alan W. Klimek, P.E.
h.c
3ures: GC 3402
Certificate of Completion
Kendall Turnage, Post Office Box 3368, 11,Devil Hills, NC !27948
USACE Washingto i Regulatory Field O Ice
DWQ Washington egional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 044089 Gary Lake (Daze) 401
I _
II
i
1 i
I
Ze: [Fv ,d: [Fwd:! DWQ# 04-1089, Gay Lake, Pine Grov ...
j
ac eptable to the State Property Offi' e, the applicant will receive an invoice from
E P to fund ,the monitoring of the si e by EEP in perpetuity.
I
PI ase send a copy or the 401 Certification to me if it is awarded' so that I can
ch ck that the applicant includes the lacreage in the easement and survey.
PI ase call me if more information is needed, and let me know if others in your
pr gram should be receiving this em R.
Th nk you for your assistance. ?
Ste hanie Horton
71 -1263 j
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i
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2 of 2 11/23/2004 12:26 PM
Re: [Fwd: [Fwd: DWQ# 04-1089, Gary Lake, Pine Grove...
Subject: Re: [Fwd: [Fwd: DWQ# 04-1089, G Lake, Pine Grove Lot 3]]
From: Bob Zarzecki <bob. zarzecki @ ncmail.n t>
Date: Tue, 23 Nov 2004 11:20:58 -0500
To: Cyndi Karoly <[e-mail]>
doesn't ring a bell, but that doesn't mean much ... I check my office' and didn't see it
sorry
Cyndi Karoly wrote:
Bob any familiarity with this file? I can, ind it, but noticed your name on the
original message.
-------- Original Message --------
Subject: [Fwd: DWQ# 04-1089, Gary Lak
Date:Sat, 20 Nov 2004 16:56:08 -0500
From:John Dorney<John.Dorney@ncm
To:Cyndi Karoly <Cyndi.Karoly@NQ
ePine Grove Lot 3]

huh? i suspect this is yours now!!!
at>
.lNet>
?I\
.........-_..
Subject:
DD WW # 04-1089, ary Lake,' Pine Gr ve Lot3
From: St hanie Ho on <stephanie.horto' @ ncmail.net>
Date: Thu, 1 ov 2004 10:36:21 -0500
To:. John Dorney <John.Dome @ncmail. et>, Bob Zarzecki
<Bob.Zarzecki @ ncmail.net>
EEP will accept a conservation easement o, the property at Pine Grove
Subdivision, Lot 3, to preserve areas on the property that are deemed necessary
by,DWQ to offset impacts by the applicant The acceptance is dependent upon
the approval of the impact by DWQ. Once a permanent easement to protect the
wetlands or other subject areas on the prop rty is recorded in a manner that is
1 of 2 11/23/2004 12:26 P
t

I
Michael F.' El
Mr.
C/o
P.O.
Kill
N)
North Carolina Department c
Divislo
y, Governor

Environment and Natural Resources
of Water Quality
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 6, 1.UU4
DWQ Project # 04-1089
Dare County
,IFIED ' MAIL: RETURN RECEIPT 4QUESTED
ary Lake
ox 8
evil, Hills, NC, 27948;
I Property::, Pine Grove Subdivision, Lot 3
I
max Ocean Realty I
approvals to participate in ownership or o?her stewardship arrangements on this parcel. Please
RE VEST FOR MORE INFORMATION
Dear Mr. Lake:
I
' On J' ly 6,2004, the Division of Water Quality { WQ) received your, application dated June 28, 2004 to
in¢pa 0. l'acres of wetlands to construct the pro osed residence. The;DWQ has determined that your
appli atiou was incomplete ?nd/or provided inac orate information as discussed below. The DWQ will
req a additional informatio in order to proses your application to impact protected wetlands on the
subje' t property. Therefore, unless we receive the additional information requested b?lovv, we will have
to mo a toward denial of your application as required by 15A NCAC 2H.0506 and will place this project
on ho d as incomplete until we receive this additional information. Please provide the following
info tion so that we may continue to review. yqur project.
Addi 'ona1, Information
f Reuested:
1.1 Proposed Conservati?n
Easement to NC osystem Enhancement Program
You have stated that the remaining 0.76 aFre of wetlands on the property will be placed in a
Conservation Easement and "granted" to ?he NC Ecosystem Enhancement Program (NCEEP).
Since your application materials did not i elude any correspondence from the NCEEP indicating..
whether they had approved of this grant, we contacted the NCEEP and were informed that they
i have no prior history of this project. The have neither received any correspondence nor given any
clarify your intentions with respect to he CEEP. We suggest that you contact Ms. Deborah
Anderson of the NCEEP at (919) 733-520
Please respond within three weeks of the date of t
and Mr. Tom Steffens of the DWQ Washington R
Washington, NC, 27889). If we do not hear from
longer want to pursue this project and we will con
is letter by sending this information to me in writing
gional Office (943 Washington Square Mall,
ou within three weeks, we will assume that you no
ides the project as withdrawn.
401 Wetland9 Certlficatl' rr Unft
1650 Mail service Cent?r, Raleigh, North Carolina 27699•1650 L
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /',FAX [phone] / Internet: htto://h2o.enrstate.ne.us/nc etlands
Natzmallff
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NonrthCarolna
Mr. Gary Lake:
Page 2 of 2
August 2, 2004:
This letter only addresses the application review and does n t authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requ sted within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyn, i Karoly or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up meeting to discuss this matter.
Si cerely,
JRDlcbk
cc: Tom Steffens, DWQ Washington Regional Offic
USACE Washington Regulatory Field Office
Doug Huggett, DCM
Deborah Anderson, EEP
File Copy
Central Files
Kendall Turnage, P.O. Box 3368, Kill Devil Hill
orney,
Wetlands / 401 Unit
C, 27948
Filename: 041089Lake(Dare)Hold
d; q' estion])
i i
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Subj ct. [Fwd: [Fwd: ques?ion]]
Fro : Deborah Anderson <deborah.andersongncmail.net>
Date Mon, 26 Jul 2004 08:33:40 -0400
To: yndi Karoly <[e-mail]>
CC: im Stanfill <[e-mail]>, s4zanne klimek <[e-mail]>, Carol
Shaw <[e-mail]> j
Cynd ,
No o' e has contacted the ILiF program about C nservation Easements in the Colington Harbor area. We
did, h wever, receive a request on 7/21/04 to make payment to the EEP for 0:062 ac. if impact and 0.124
ac. of required mitigation. The site is located on Old Oregon Inlet Rd., Nags Head, Dare Co: If I
reme ber right, I think this is located in the Ol Nags Head section. The COE Permit only refers to
pay tit for 0.124 ac. of mi 'gation. the DWQ pproval allows fill in 0.1213 ac of wetlands and a Con.
Fs Tun on 8.29 ac. to the EE ." This was already "red flagged" by Carol. We are confused as to what the
Regu tort' agencies are all wing. The EEP!has not received any correspondence or given any approvals
cone', ing'this site. I'll con act both you and William Wescott to see what is going, on.
Debo ah
---- Original Message --------
'; ; Stlbii et: [Fwd: question]
j ! D te:Thu, 22 Jul 2004,14:28:07 -0400
Vr =Jeff lurek <[e-mail]>
o:Deborah;Anderson <[e-mail]>
i
I of 2
To yo
-- --- Original Message --------
7
ct:question
D to-Thu, 22 Jul 20041x.:29:13 -0400
Fra? :Cyndi Karoly <cyn?Lkaroly@ncmaiLnet>
o:Jeff Jurek <[e-mail]>T
eff,,I'm not sure who to ask so I'm sta ting with you, please forward
as ne essary to the appropriate person. ?,In July we have received two
epar to applications, both handled by t e same consultant, Kendall
urna e.of Env'tal Professionals:
IT ,e River's.Edge by (Coastal Land Dev lopment in Perquimans Countyj
(DWQ# 41.09.0). At the moment they're onl? requesting .14 'acre impact for
a roa crossing, but there are 61 lots they're proposing to leave up to
the 1 t purchasers for future permitting,. Each lot is long and skinny
and m stly wetlands. At'this time, however, they are proposing to place
¢8,00 square feet (1.56 ac) of 404 wetlands near the road crossing in a
onse vation easement through EEP. I
i
iG ry Lake in Dare Conty (DWQ#041089. This is a single property.
Jwnor requesting,.1 ac fill for a reside ce. His proposal also includes
pro sed,"grant" of a onservation eas ment of .76 ac of wetlands to
helE We will like see more applic nts from this subdivision (Pine
Grove). A11 the lots are very long, ski y, wetland lots, adjacent to!
Coling on Creek.' The applicants will 'wa t to fill the fronts of the
lots b the road. Presumably, if they use the same consultant, there'
j
7/26/04 12:35 PM
[Fwd: [Fwd: question]]
will be more proposed grants to the EEP.
My question for the EEP is, does anybody within EE know of any
agreements or trends whereby EEP is making deals wzth property owners to
accept these "grants". The consultant has provide, no documentation of
any communication with the EEP, and we certainly d'n't intend to issue a
401 obligating the EEP to oversee these bits of la d without your
express approval. Before I call to grill the cons ltant, can somebody
please let me know the real story, if there is one',, behind this from
EEP's perspective.
Thanks.
Z of 2 7/26/0412:35 PM
ME II RANI UM
? i
TO:
John Dorney ? Regional Contact: tom steffens
Non-Discharge; Branch WO Supervisor: Roger Thorpe
Date:
SU J CT: ? WETLAND STA?F REPORT AN RECOMMENDATIONS
i
F cil ty Nar' a Gary Lake County Dare
Project Num* 04 1489 County2
ec,
vd From APP Region Washington
Re eked Oate 7/6/04 Recvd By Region
Proj ct Type Home apd septic system
it
Stream Stream Impacts (ft.)
Cert i ates
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. SupP. Basin Req. Req.
18 forestedO1' ON F- 30-19 SC F- 30,1». 0.10 F_- F-1-
O v O?_
Mltl tl n Wetland
MitigationType Type Acres Feet
Is Wetl n Ratioi Sheet Attached? Q Y ON DI you request,,more info? O Y ON
ave Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitig 'tign req fired? O Y O N Recommendation: O Issue O Issue/COnd O Deny
i
Provid y Reg on: ;Latitude (ddmmos) Longitude (ddminss)
Com 'e ts•
i
i
cc: Regional Of ice Page Number 1
Central Office
Date:
rh•D4
To: ? ARO
? FRO
11 MRa
? RICO
,. (_I A 0t, IIVG
Project Nadi
Mike Pa
Ken Av(
Alan Jot
Steve M
n Qer G
The file attached is being for
! Please call' if ;
? .,Stream length iipacted
? Stream determination
Wetland determination and distan
N inimization/avoidance issues
Buffer Rules (Neuse, Tar-Pamlico
? Pond fill
? Mitigation Ratio s
? Ditching
? Are the stream and or wetland mit:
? Check drawings for accuracy
? Is .the application consistent with F

I' ? Cumulative impact concern
Com ments: C#M4 MAInIAt_
COP
Check List FIL E
Y
L K
1e: NOLL/
DwQ#:? • ?0 89
County: -
,r AWaRO Tom Steffens
to ? WiRO Noelle Lutheran
Dn ? WSRO Daryl Lamb
cell
eta TelePhone [phone]
arded to y\our for your evaluation.
).u need a§q$tance.
to blue-line surface waters on USFW topo maps
Catawba, Randleman)
ration sites available and viable?
e-applicat ion meetings?
ENVIRONMENTAL 1100 .ESSIONALS, INC.
Planning For A Betty Environment
PA. Box 3368
KILL DEVIL MILLS, NORTAi CAROLINA 2794$
l;
f . (252) 441 t239 iF'AX [phone] 041089
1110 Dicwo
4` D ? ????a ??s GL ?
/6 5`0' M a ( _?vt'cr_ 6few4 w
q??erq (1 N? 7e7 gr ?b E-(v
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DATE
e © JOB NO.
?'^T
ATTENTION
RE:
u. r L.?. k e
w D *,fe
??Fi GG? W i OY.? ? IQ ?Q[i r" CCti,.?-? U r c

WE ARE SENDING YOU Attached ? Under separate cover via the following items:
? Shop drawings ? Prints p Plans ? Samples CI Specifications
? Copy of. letter ? Change order
COP'S ' D' TL NO. DESCRIPTION
?,l F c, K LV r"d9 f -r`r % 1', c ca +? % !J yL
G e c k 40 itl C w o r# 04 Q p
i i .
i i
THESE ARE TRINSMITTED as checked below:
or a royal
pp ? Approved as submitted ? : Resubmit copies for approval
? or your use El Approved a& noted = ? ..Submit copies for distribution
? s requested ? Returned for corrections ? : Return corrected prints
or review and 'comment i ?
? FOR SIDS DUE I F1 PRINTS RETURNED AFTER LOAN TO US
REMARKS
i
CROUP
JUL r, r
JEWE"
T 11
?n'SEC A,
C P Y TO
SIGNED: 2r? .ate '?-
i
;
face Use O
nly:
USA CE Action ID No.
if any articular item is not applicable to this pr
Jeavin the space blank.
r1L E
Copy
Form Version October 2001
DWQ No.0 4 1 0 89
ect, please enter "Not Applicable" or "N/A" rather than
Processing
1. Check all of the approval(s) request d for this project:
®' Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Ryles
2. Nationwide, Reg'onal or General Pe mit 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:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section I - Mitigation), check here: ? N/A
II ?
pplic#nt Information
1. Owner/Applicant Information "ILA Nps?¢p1 Name: Gar Lake' GROUP
Mailing Address:: c/o Remax Ocean Realty
PO Box 8 004
Kill D evil ills NC 27948' WA rpo
N
Telephone Number: See Agent Fax Number: See Agent
E-mail Address: See Agent
. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/aPPlicant.
: )
Name:_ Kendall TurFnage
Company Affiliat''on: Enviro' me tal Professionals Inc.
I Mailing Address: PO BO 3368
Kill Devil ills NC 27948
Telephone Number: 252-441-0239 ! Fax Number: 252-441-0721 -
E-mail Address: environmental ro earthlink.net
I
Page 1 of 8
I
Project Information
Attach a vicinity map clearly showi
landmarks such as towns, rivers, and rc
boundaries and development plans in r
and site plan must include a scale an(
impervious surfaces, or other facilities :
1 include the; appropri , to USGS Topogra
boundaries outlined. ; Plan drawings, or
so long as the property is clearly deft
USACE requires information to be sul
however, DWQ may accept paperwc
drawings rather than a sequential she
reduced to a small scale such that the fir
the project has been placed on hold unti
1. Name of project: Gary Lake
2. T.I.P. Project Number or State Proje
3. Property Identification Number (Tai;
4, Location
County: Dare
Subdivision name (include phase/lot
Directions to site (include road numl
g the location of the property:, with respect to local
Lds. Also provide a detailed site plan showing property
lation to surrounding properties. Both the vicinity map
north arrow. The specific footprints of all buildings,
lust be included. If possible, the maps and plans should
hic Quad Map and: NRCS Soil Survey with the property
Aher maps may be included at the `applicant's discretion,
ked. For administrative and distribution purposes, the
mitted on sheets no larger than 11 by 17-inch format;
k of any size. DWQ prefers full-size construction
: version of the full-size plans. ; If full-size plans are
it version is illegible, the applicant will be informed that
decipherable maps:; are provided.
t Number (NCDOT Only): N/A
PIN): 988417118114
Nearest Town: Kill Devil Hills
lumber): Pine Grove / Lot 3
ers, landmarks, etc.): West on First Street-from US
i. Site coordinates, `f available (UTM or Lat/Long):N 36d 0'57"W 75d 40'45"
(Note - If project is linear, such as aroad or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
i. Describe the existing land use or condition of the site at the time of this application:
Vacant wooded site
Property size (aci
Nearest body of
River Basin: Pasquotank
(Note this must be one of North
River Basin map is available at ht It
I ?
? i
md/ocean/lake): Kitty Hawk 13ay
seventeen designated major river basins. The
tate. nc. us/admin/man s/. )
2 of 8
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Describe the pur
pose of the propose '
d work: Applicant requests fill in order to meet
applicable setbapks for septic syste m and home construction

List the type of Iquipment to be use
to ders and bull ozers. to construct the project: Dum trucks, Front-end

12. Describe the land use in the vicinity of this project: Residential homes, Wright Brothers
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, DWQProject Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or oth''r useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated in tigation (where applicable). If this is a NC MOT project,
list and describe permits issued for rior segments of the same T.I.P. project, along with
construction schedul,-s.
Jurisdictional determination b William Wescott USACE
Future Project Plans
Are any future perm' requests anticip
and provide justification for the exclus
l for this project? If so, descri
of this work from. the current
iai
osed Impacts t? Waters of the U
is the applicant's (or agent's) respc
:tlands, open water, and stream char
ovide justification for these impacts
d temporary, must be listed herein,
in.', All wetlands a d waters, and al:
lineation map, whether or not imp:
aluation and delin ation forms she
;lulled at the applicant's discretion.
the anticipated work,
lication.
,AMA permit may be
in wetlands will be
red States/Waters, of the State
bility to determine, delineate and map all impacts to
s associated with the project. The applicant must also
Section VII below. All proposed impacts, permanent
l must be clearly identifiable onan accompanying site
reams (intermittent and perennial) must be shown on a
are proposed to these systems. i, Wetland and stream
l be included as : appropriate. Photographs may be
this proposed impact is strictly for wetland or stream
3 of 8
mitigation, list and describe the impact in Section VIII below
listing or dlpscriptiont please attach a separate sheet.
1. Wetland; Impacts
If additional space is needed for
Wetl d Impact Area of Located within Distance to
Site Number Type of Impact* pa 10Q -year Floodplain** Nearest Stream Type of Wetland***
(indica te on ma jacres? (es/no linear feet
Fill are 404 wetland 0.1 ac Yes 300+feet forested wetland

L,iou vacu u epact sepm atoiy tutu tµcnuty tv-pvrary impact.. impacts include, out are not limited to: mecltaruzed clearing, grmdmg, fill,
exc vation flooding, ditching/drunage, 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
(F ), or FEMA-4pproved loc4l floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
onl"eat http://www.fema.gov. i
** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Car linaBay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 37,549 SF (0.862 act
Total area of wetland impact proposed: _ 4,355 SF
2. Stream Impacts, i?' cluding all interm ttent and perennial ;streams
Stre Impact Length of Average Width Perennial or
Site Number Type of Im pact* Impact Stream Name** of Stream Intermittent?
(indica te on ma linear feet Before Im act lease s cify)
/A N/A N/A N/A N/A N/A
1 -k- ""YL1 Jf c LU •ucuuay tvuIIJVIMy ULLIRd :L uLIJIM N HILUM te, out are not. namea to: culverts and associated np-rap
dam' (separately list impacts due to both structure and flooding), relocation (include linear feet before; and after, and net loss/gain):
Stab ization activities (cement wall, rip-rap, crib wall, ga bions, etc.), excavation, ditching/straightening, etc. If stream relocation is
pro sed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
$tre,: in names can be found on SGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
do stream named, stream into1which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
mmr.usgs.go v. Several internet sites also allow di" ct download and printing of USGS map's (e.g., www.Wozone.com,
.ma uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/A
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
I other Water of the U. S.
Open
Site later Impact
Number
Type
f Impact* Area
ImP f
P
?
Name of Waterbody Type of Waterbody

(lake
pond
estuary
sound

indica
te on ma
acre'
(if applicable) ,
,
,
,
bay, ocean, etc.
/A N/A N/t N/A N/A
flog
IIi
I
I
f,
....F- uvFcuuway wiu, aucuuiy MULFviaiy util
ng, drainage, bulkheads, etc.
k Pond Creation N/A
If construction o a pond is prppc
included above in the wetland and
be described here land illustrated on
Pond to be created in (check all that
Describe the method of construct:
draw-down valve .or spillway, etc.):_
gcW. uttpacw utctuue, out are not limited to: 1111, excavation, dredging,
I?
ed, associated wetland and stream impacts should be
ream impact sections. Also, the proposed pond should
y maps included With this application,
apply): ? uplands ? stream ? wetlands
on (e.g., dam/embankment, excavation, installation of
'N/A
)age 4 of 8
i
'VII,
i
i
Proposed use or
local stormwater
of pond (.g., livestock watering, irrigation, aesthetic, trout pond
.ent, etc.): N/A
Size of watershed draining to pond:
Impact Justification (Avoidance and
Specifically describe! measures taken to
information related to site constraints st
financial viability of the project. The al
site layouts, and explain why these desi
were minimized once the desired site i
techniques to be followed during constr

Expected pond surface area: N/A
)id the proposed ',impacts. It may be useful to provide
as topography, building ordinances, accessibility, and
cant may attach drawings of alternative, lower-impact
options were not feasible. Also discuss how impacts
i was developed' If applicable, discuss construction
on to reduce impacts.

Mitigation
DWQ - In accordance with 15A NC
Division of Water Quality for projects
freshwater wetlands or greater than o
streams.
USACE - In accor ance with the Fit
Permits, published in the Federal Regi
necessary to ensure that adverse efft
including size and type of proposed i
aquatic resource will be considered in
mitigation as proposed. Examples of m
but are not, limited to: reducing the si
and/or upland vegetated buffers to pros
aquatic resource functions and values
functions and values, i preferable in the s
If mitigation is required for this project
for USACE or DWQ to consider the
lacking a required mitigation plan
incomplete., An applicant may also cho
in DWQ's Draft Technical Guide
1 Provide a brief description of the
as much information as possible, i
and/or map, if offsite), affected.st.
of mitigation proposed (restoratii
C 2H .0500, mitigation may be required by the NC
evolving greater than or equal to one acre of impacts to
equal to 150 linear feet of total impacts to perennial
1 Notice of Issuance and Modification of Nationwide
er on March 9, 2000, mitigation will be required when
is to the aquatic environment are minimal. Factors
ipact and function, and relative value of the impacted
etermining acceptability of appropriate and practicable
igation that may be appropriate and practicable include,
of the project; establishing and maintaining wetland
ct open waters such as streams; and replacing losses of
y creating, restoring, enhancing,; or preserving similar
me watershed.
a copy of the mitigation plan must be attached in order
application complete for processing. Any application
NCWRP concurrence shall be placed on hold as
3e to review the current guidelines for stream restoration
br Stream Work: in North Carolina, available at
iaide. html.
iposed mitigation plan. The description should provide
uding, but not limited to: site location (attach directions
n and river basin, type and amount (acreage/linear feet)
enhancement, creation, or preservation), a plan view,
age 5 of 8
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
IX.
Ens
Ian(
If
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 El No ? N/A
If yes, has the document review been fiialized by the State' Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ? N/A
Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's ?or agent's) respon ibility to determine, delineate and map all impacts to
required state and I cal buffers associated with the project. The applicant must also provide
Page 6 of 8
a separate sheet if more space is nee ded.
A conservation easement will be g ranted to the NC EEP on the remaining
33,194 SF of
wetlands on the property. Since ! -
additional conservation area does not exist on site
a
payment to the NCWRP/EEP will b
ratio. ,
e made for the remaining deficit not meeting the 10 to 1

Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCW ,'s written agreement. Check the box indicating that
you would like to pay into the NCW
reviewed and approved before it ca
will be notified arly in the revie
NCWRP is avai able as an option
process for the NCWRP, check the RP. Please note that payment into the NCWRP must be
be used to satisfy, mitigation requirements. Applicants
process by the 401/Wetlands Unit if payment into the
For additional information regarding the application
CWRP website at http;//h2o:?nr sti to nc:u /wrp/ ndex.htm. If
use of the NCWRP is proposed, ple
the following information:
* * * Conserv se check the appropriate box on page three and provide

lion Easement to NCEEP 33,194 SF
Amount of st eam mitigation re
Amount of b ffer mitigation req uested (linear feet):
ested (square feet);
Amount of parian wetland mit igation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland miti ation requested (acres):
,ironmental Documentation (DW ! Only)
,s the project invplve an expenditure
I? of public funds or the use of public (federal/state/local)
Yes F-1 No
es
, does the project require
prepa ration of an environmental document pursuant to the

irements of the National or
Nort y
req
u
h Carolina Environmental Policy Act (NEPA/SEPA)?
i
i
Y
XI.
i
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 in be included as ppropriate. Photographs may also be included at the
applicant's ;discretio
Will the project impact protected rip ian, buffers identified within 1'5A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Plamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer, Requirements), or other (please identify N/A )?
i
Yes ? No ® If you answered "yes"provide the following information:
Identify the square feet and acreage o impact to each zone of the riparian buffers. If buffer
mitigation is requir d calculate the required amount of mitigation by applying the buffer
multipliers:
it
" one 1 extends out 30 feet perpendic
additional 20 feet from the edge of Z
If buffer mitigation is required, please
of Property, Conservation. Easement, R
Payment into the Riparian Buffer Rest(
identified within 154 NCAC 2B .0242
AT/ A
Stormwater (DWQ Only)
Describe impervious acreage (both
Discuss stormwater,, controls prop
downstreart from the, property.
ar trom near name 01 channel; Gone 2 extends an
e1.
scuss what type of mitigation is proposed (i.e., Donation
?barian Buffer Restoration / Enhancement, Preservation or
ration Fund). Please attach all appropriate information as
r.0260.
fisting and proposed) versus total acreage on the site.
d in order to protect surface waters and wetlands
?erage will be 2 g 75' 5'F_ . 3 ?o
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment ethods and
wastewater; generated from the propose project, or
Zone* Impact

(square feet
Multiplier Required'

Mitigation
1 3
2
2
1.5
?. Total
Total N/A
N/A
N/A
disposition (non-discharge or discharge) of
available capacity of the subject facility.
)ved by Pare County Health Department
1
III.
XIV.
i
I
i
'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 applicati n?
Yes ? No
I
Other' Circumstances (Optional):
It is the applicant's ;responsibility to s bmit the application sufficientlyin 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.p., 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.
gent's Signature Date
is signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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Ir 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.
I Attach this card to the back of the mailpiece,
- or on the front if space permits.
. Article Addressed to:
Remax Ocean Realty
Post Office Box 8
Kill Devil Hills, NC 27948
DWQ# 04-1089 - Dare
A.
B. Received by (Printed Name)
Mr ? Agent
?-k-G[3 Add.
C. _D*te of Del'
D. Is delivery address different from item I ? Yes
If YES, enter delivery address below: ? No
3. Service Type
0 Certified Mail ? Express Mail
J u n
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
t. Article Number _
ffimnsfer from service i _ _ 70D], 2510 0009 0250 7212
?e e..... '2521 1 ce?....?. , onnn
UNITED STATES POSTAL SERVICE First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• 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
,OIL ItJill itli111 1111 is In11'11111116 ftd1t11It.FA11111It.IIIW