20010121 Ver 1_COMPLETE FILE_20010129

OF N NA
T?9pG
o ?
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 11, 2001
DWQ# 01-0121
Dare County
Tullio Bertoli
23 Florence Avenue
Oyster Bay, NY, 11771
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Bertoli:
You have our approval, in accordance with the attached conditions, to place fill in 0.10 acre of wetlands for the purpose
of residential fill on Lot 18, Section 7 of the Kitty Hawk Woods Subdivision in Dare County, as you described in your
application received by the Division of Water Quality on January 29, 2001. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3106, which can also be viewed on our web
site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit 18 when the Corps of
Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is only valid 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 for a new certification. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certification and the additional condition listed below:
1. The fill area is to be limited to the area needed to construct a house, not to exceed 0.1 acre.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh,
N.C. 27611-7447. 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 at 919-733-9646.
Attachment
Sincerely, l ?"-
C
Kerr T. Stevens
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
File Copy
Central Files
Melissa McAllister, P.O. Box 1068, Kitty Hawk, NC, 27949
010121
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
!11n "7 170. /..1.......\ n- X77 .Ol O /f....\ 1. u... /IMI.. ...._..?n ?........n/.........11--A- I
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Tullio Bertoli (Kitty Hawk Woods)
Project Number 01 0121
Recvd From APP
Received Date 1/29/01 Recvd By Region
Project Type residential fill
County Dare
County2
Region Washington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 OTH K-7 O N F-F 30-1 -, 30.155. (1.16 ?- ?- ?-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y (0 N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? p Y 0 N Recommendation: Q Issue * Issue/fond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
cc: Regional Office
Central Office Page Number 1

?9
DEM ID: ® 1 0j 21,
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLRAGR PRTNT
1. OWNERS NAME: Tullio Bertoli
2. MAILING ADDRESS: 23 Plnrenre Ave. Oyster Ray, NY 11771
_ SUBDIVISION NAME:
CITY: STATE: NC ZIP CODE: 2794
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : 4523 Hilltop Lane, Kitty Hawk, NC 27949
(I?nt. 18 Sec 7) _
3. TELEPHONE NUMBER (HOME): 51 624-5818 (WORK): 5-W-6 24-8200
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: ofessi ona-? C?O
I?izl ssaMcAllister
Oup...- -
P(1 Rnx 1 (1F,jj??i tt._=! Hawk, NC' 7?4
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
-0,11PTY : Dare NEAREST TOWN OR CITY: Kitty Hawk
SPECIP;.C LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
U.S_ 168 South, Turn R_qh} On Welkner Street, Left On Tamarack Drive,
Left on _Hilltop _Lane_._ _
0 OR NEAREST STREAM/R I VI•;R : Isolated Wetlands
;1.1. ,?,;•.., rIa
LOCATED NE/W W1,T1,'R C1AS ;1!'il•;IJ AS iJDAI,
QUA1,11'Y WATE'Rf; !Ii?jbJ1 i)ll'1':.;'I'hIJ,11N(; RI•;:;(liiR('E Wh7'1•:IZ`. ('?It4ti'i WA'I'F;R S11PPhY
32
C-)
M :;?
C. --q
North Carolina
Department of Environment and Natural Resources •
Division of Coastal Management OL
Michael F. Easley, Governor CDENR
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
Tullio Bertoli February 22., 2001
23 Florence Avenue
Oyster Bay New York 11771
Re: DEM ID Number 010121
Nationwide Permit Application for Fill Activity in Currituck County
Dear Mr. Bertoli:
The North Carolina Division of Coastal Management has reviewed your application, dated
01/10/01, 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/lm
Cc: Charles S. Jones, Assistant Director, DCM
Caroline Bellis, Federal Consistency Coordinator, DCM
Wilmington District Engineers; ATTN: CESAW-CO-E
John Dorney, Water Quality Section, DWQ/Raleigh
Melissa McAllister, Bissell Professional Group
Elizabeth City District \ 1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
_ .. _- __ _-_ _ _ _ __ .__ _...-_ ....... ............... . . n M .,i....r '.r»rnrr. rtmn n nrn
010121
i
i
PROFESSIONAL GROUP
January 23, 2001
Mr. John Dorney
Division of Environmental Management
NCDENR
1621 Mail Service Center
Raleigh, NC 27699-1621
2 9 2?G\,
RE: Lot 18, Lot 12 Section 7
Kitty Hawk Woods
Dear Mr. Dorney;
410121
Enclosed are 7 copies for each lot of the Nationwide Permit #18, and a copy of a section
of a quad map to provide project location information. Also included is a check for $400
and an authorization letter. The area shown on the attached drawings as A.E.C. 404
wetlands was flagged by Tom Walker on November 16, 2000 and surveyed by Bissell
Professional Group, Inc. Also shown on the plot plans by shading is the 0.10 acre to be
impacted.
If you need additional information or if you have any question about the information
provided please feel free to contact me at the number below.
Sincerely,
Bissell Professional ?Group, Inc.
/? fi
Melissa A. McAllister, E.I. PAYMENT
RECENED
en
cc: Mr. Tullio Bertoli
\\Server\c\Documents\Document Projects\3777 BertolliTETTER 1-23 John Dorney 12 and 18.doc
4417 N. Croatan Hwy. ¦ P.O. Box 1068 ¦ Kitty Hawk, NC 27949
252-261-3266 ¦ Fax: [phone] ¦ E-mail: [e-mail]
. I . , . . t
(WS-I OR WS-II)? YES [ I NO [ XI IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ I NO [X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: Zoned Beach
Residential
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OP LAND: 0.58 ac. _
92. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS I(OCATED ON PROJECT SITE: 0.1679
_
IOA. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED i)ROJECT BY:
FILLING: 0. 10 aC. EXCAVATION: N/A
FLOODING: N/A O'FHER: N/A
DRAINAGE: 'T'OTAL ACRES TO BE' IMPAC•TE'D:
10H (1) STREAM CHANNE!, 'T'O 111: IMPACTED BY THI.: (IF T21;,()CA•I•I?D,
DI';TANCE HO•I'll ANI) RELOCATIOI'",,
LENGTH L'L:IUlll:: N/A FT AI'THP: N/A FT,
WIDTH BEFORT.: (ba, j,?d ?m lp.,I qua 1 hiyli wW-,,] N/A I'1
W l D• I-I AFT HP : N/A FT
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO [ XI IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ I NO X I IF YES, DESCRIBE ANTICIPATED WORK:
AVERAGE DEPTH BEFORE: N/A FT AFTER: _ N/A FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT
TO BE USED (ATTACH PLANS: 8%" x 11" DRAWINGS ONLY):
Frnnt I,naders wi i i Be Used Fill 0.1 Acres As Designated
On The Attached Plan.
13. PURPOSE OF PROPOSED WORK: The OWnpr_ Wishes To Construct A Home After
___-Considering_Alternate _ Locations.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED j (--7T TN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO M]NIMIZE WETLAND IMPACTS):
The Attached Plan Attempts To Avoid Wetland Impacts, This Small Area
____iii11__Be_Impacted_-In_nrder??r___The ..Project. To--Proceed, While--Reducing
---Enviornmental Impacts-____-
I
5 . YOU ARE REQU I REI) TO CONTACT THI STATT: H7 S"1'?JR 1 C }?I?1; ;}332VAT10N OF}'i C') k SHI??)) Sla
ACL;NC'l i,IJUi'I:.`;:;I:: ;III?I;'I'1 RI;CAf2D I N<? THE I?R}::ll•;Nr'1; c-iI Ii 15'I'ON I (` i?R?;{'1•;}?'1' I }::' f I: 'I'I11:
PE'P[4i'1' lAREl: WHICH MAY I"].: Al., I•,Ecrl-.D 13Y nik 1?}tC)I?t;til;li I?1?UJG?"1'.
DATE CON•1 A("11,J ) 12/14/00..._-_ _
16 _ DOES '1'lili 14'0.11?;,-T IIJVOL.VE AN EXPENDITURE Q PITILI ' NIR"IDS Op THE USI: OF I'IIH1.7('
(STATE) LAND? YES [ ] NO [ X] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES [ J NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 1302 Marl Service Center, RALEIGH, NORTH CAROLINA 27699-1302,
TELEPHONE [phone].
17. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Beach Residential
I . IF APPIA CABLE, WHAT 1S PR0Jl0:;Pa: METHOD OF SEWAGE DT,PO SAI_
Individual Septic Tank With Gravity Drain Tiles.
y. SI?,FdI?)i /?IJD I)ATEI) 131' A111;N"I T-?U'T'HORT%A'fl?)Id ],f:'I"1'I;R, IP All Ili, ICA11..1'E.
-. t
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
OWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
/jei /
DATE
AGENCY ADDRESSES
ENDANGERED SPECIES;
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE U.S. FISH AND WILDLIFESERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION ASHEVILLE FIELD OFFICE
P.O. BOX 33726 PIVERS ISLAND 160 ZILLICOA STREET
RALEIGH, NC 27636-3726 BEAUFORT, NC 28516 ASHEVILLE, NC 28801
TELEPHONE [phone] TELEPHONE [phone] TELEPHONE [phone]
HISTORIC RESOURCES:
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
TELEPHONE [phone]
STATE REGULATORY AGENCIES:
MR. JOHN DORNEY
DIVISION OF ENVIRONMENTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1621 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1621
TELEPHONE [phone]
CORPS OF ENGINEERS FIELD OFFICES:
RALEIGH REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
6508 FALLS OF THE NEUSE ROAD, SUITE 120
RALEIGH, NC 27615
TELEPHONE [phone]
WASHINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1000
WASHINGTON, NC 27889-1000
TELEPHONE [phone]
MR. STEVE BENTON
DIVISION OF COASTAL MANAGEMENT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
1638 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1621
TELEPHONE [phone]
FAX [phone]
ASHEVILLE REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
151 PATTON AVENUE, ROOM 143
ASHEVILLE, NC 28801-5006
TELEPHONE [phone]
WILMINGTON REGULATORY FIELD OFFICE
US ARMY CORPS OF ENGINEERS
POST OFFICE BOX 1890
WILMINGTON, NC 28402-1890
TELEPHONE [phone]
61A
VICINITY MAP
N.T.S.

LOT 17
N/F JERRY S. WRIGHT, JR.
M.B. 548, PG. 59
4 `sN

Off,
4y

503 i

i
i I
Z- 40 I I 1 \ SOS
l E.
1t
0
16 AC I I 1 A. C. E 404

I
C
/ .
I I I 0.0079 AC
I
? ? E/P
ti
I1
I 1?

/ J PROPOSED I I 0?'
m F/LL 1 I
I , 6,970 SF. f I I /?
/10
\ o l 0.10 AC L J /

LLL???...III d
I
-. ?! /
^/OE/P ,100
/ a

L_ _ LOT 20

HILLTOP LANE
(50' R/W)
ZONING RECORDED REFERENCE
BR-1 P. C. _11 11A
AVG. GRD. ELEV F.I.R.M. ZONE PANEL
PIN NO.
0898761424557
/,Michael W. Robinson . CERTIFY THAT THIS
MAP WAS PREPARED UNDER MY SUPERVISIC
FROM AN ACTUAL SURVEY MADE UNDER
MY SUPERVISION, THAT THE BOUNDARIES
NOT ACTUALLY SURVEYED ARE SHOWN AS
BROKEN LINES PLOTTED FROM INFORMATION
FOUND IN EXISTING RECORDS AS NOTED
AND THAT THE RATIO OF PRECISION
EXCEEDS 1 : 10,000,
WITNESS MY HAND AND SEAL THIS
DAY OF 2000
CURVE TABLE
CURVE LENGTH RADIUS TANGENT DELTA BEARING CHORD
C1 47.75' 75.00' 24.72' 0.00 N43-06'45" E 46.95'
DATE SURVEY FOR:
12Z14100
FILE NO. TULLIO BERTOLI
3777
SCALE
1 °= 40
DRAWN LOT 18, SECTION 7
mom
CHECKED
M V?R
KITTY HAW WOODS
POPLAR BRANCH TOWNSHIP DARE COUNTY NORTH CAROLINA
Bissell Professional Group
4417 North Croaton Highway
?? P.O. Box 1068
Kitty Hawk, North Carolina 27949
• [phone] or 261-3266
FAX [phone]
Engineers, Planners, Surveyors
and Environmental Specialists
P.L.S. L-3154
F'. L
Tulho Bertoli . . .
Office Phone [phone]
Fax Number [phone]
E-Maik [e-mail]
----------------------------------------------------------------------------------------------------
FAX COVFR. LETTER
DATE: December 13, 2000
TO: Melissa McAllister
FAX: [phone]
RE: Agent Authorization
SENDER: Tullio Bertoli
Dear Melissa,
Let this memo serve. notice that I authorize you to be wy agent on the wetland
application for lots # axzc
Sincerely,
Tullio Bertoli