20010123 Ver 1_COMPLETE FILE_20010129

O?O? W AT FRQG
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
DW Q# 01-0123
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 12, 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.
Sincerely,
/c
Kerr T. Stevens
Attachment
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
010123
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)
n+n 700 470c /rJ.... % nin -1 o con0 /$-% ti+....in.n., .. ...?- ........i...,,...,,a,,,.A. 1
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Tullio Bertoli (second project)
Project Number 01 0123
Recvd From APP
Received Date 1/29/01
Project Type residential fill
Recvd By Region
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.
F77- OTT-1 ©Y O N F- 30-19 SC 30.155. 0.10 F- F__ F-
F___F awl, _0N F--F_F__F__F_-f - 1
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N
Is Mitigation required? O Y 0 N
Provided by Region: Latitude (ddmmss) 360424
Recommendation: 0 Issue 0 Issue/fond 0 Deny
Longitude (ddmmss) 754222
cc: Regional Office
Central Office Page Number 1
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Tullio Bertoli
23 Florence Ave
Oyster Bay, NY 11771
Dear Mr. Bertoli:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 27, 2001
DWQ # 010123
Dare County
On January 29, 2001 the Division of Water Quality (DWQ) was notified by receipt of your
application regarding your plan to fill 0.1 acres of wetlands for the purpose of constructing a home on lot 12,
Section 7, Kitty Hawk Woods in Dare County. Approval from DWQ is required to disturb these wetlands.
Please inform us of the total past wetland impact for this subdivision. If past impacts exceed one acre (as
we suspect) then compensatory mitigation will be required for this additional fill.
Please call me at [phone] if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is received. If we do not
hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project
and will consider it withdrawn.
Cc: Washington DWQ Regional Office
Washington Corps of Engineers
File Copy
Central Files
Melissa McAllister; Bissell Professional Group
Wetlands/401 Unit • 4401 Reedy Creek Road • Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunin Affirmative Action Employer
50% recycled/10% post consumer paper
North Carolina
Department of Environment and Natural Resources •
Division of Coastal Management a?,.?.....1.?a
Michael F. Easley, Governor NCDENR
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 010123
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
,D',--.• 7G7_74A_I0(11 \ 'PAV. 7S7_??,d_'??7? \ Tntarnaf• },ttn•11rlrm7 am ctata nr ne

2oar
0,
010123
DEN ID: 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).
DT vACv nnT--
1_ OWNERS NAME: TU1110-Bertoll-:.
2. MAILING ADDRESS: 73 Flnrance Aye-., Oyster Bay, NY 11771
SUBDIVISION NAME: Kitty hawk Woods
CITY: --Kitty Hawk STATE: NC ZIP CODE: 27949
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): 4541 Hilltop Tane,_ Kitty Hawk NC 27949
3. TELEPHONE NUMBER (HOME): -Z 6 Fi74_5B B (WORK): 516) 624-8200
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: _BisselL_)?rof -ssional-GY9-up-c/0 Melissa McAllister_
20 Box 10680 Kitty Hawk NC 27949
s
LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: .-Dare.- - NEAREST TOWN OR CITY: Kitty Hawk
SPECIFIC LOCATION (INC,UDE ROAD NUMBERS, LANDMARKS, ETC.)
- [1_S. 168 Se u .h. rn Right on Welkner Street, Left On Tamarack Drive,
Left _.on Hilltop- Lane. -
h . 1 MPACTED OR NFIAP1:°;T Isolated Wetlands
HEAP WAT1!}, 1. 1 ED AS '1'R(.)t?'1', 'I'1 ll11L S/11,'1'1^Ji1'1'{;i?'
ii) H1C11 /11.,1'1"Y WA'II:P:' %I{UW1 O1JT1 ;TAND1N(> I+P:J(il)It('1: WATEW", (()RWi 'vJA'1'I;li >I PPI,Y
PAYMENT
RECEIVED
(WS-I OR WS-II)? YES [ J NO [ X] IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] 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
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO [ X] 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) IF YES, DESCRIBE ANTICIPATED WORK:
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 0.51 ac.
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.7 -3
10A. NUMBER OF ACRE'S OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: O./0 EXCAVATION: --N??_---- -_
FLOODING: N/A OTHf:R: N/A
DRAINAGE: _--N/A TOTAL ACRES TO BE 7MPACI'ED:
1011 - ( 1 ) STREAM CHANNI L TO BE 7 MPACTI-:I) R`i THE PROPOSED PR0.71:;U 1!.,
RF1 C`C'A'?'F;D, I%L'?)V ? DF
D1F;'1'hN?'I; iBOT•H 1BhI'!iRl, AND P+!''1'I•;I? h1,:1,O(:LT10N)
1,1;NG r!I !,EFOR1; : N/A_ I• I' Al rEll : N/A,,, FT
W1 DTH BIFOPF (f),AS(-d Urn iiui in,., I Ii iyl, centom N/A 1:T
-
W 1 D•11H A!:TI.;1> : N/A FT
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: 8JA" x 11" DRAWINGS ONLY):
Front Loaders Will Be Used To Fill 0.1 Acres As Designated On
The Attached Plan.
13. PURPOSE, OF PROPOSED WORK: The _n,,?r _Wi Shps Tn ConStYurt A Home After
_.. Consider.ing--Alternate._L,o,cations - _----------------- - -------------------
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED 0117' -IN
WETLANDS. -INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS;:
-She__A.ttacheL Plan Atte s-To-Avoid_Wetland Impacts, This Small Area
Will Be Impacted In Order For The Project To Proceed, While Reducing
_Environmental Impacts.
'? . YOU TO' ('ONTACT THE :;'I'/C'I'E: H I t;'1'!!I? 1 C PR ESERVATION 0FF! ('1J1 ':A.:F:
RHGARIMV; *!')i!.: 1] 1 d>'I'OR1C I?I:oI>I?I?']'i!;:; '.t< 'I'!?1;
PI:IlM1'f' /iRLa? WH1C-H MAY HE APFECTI-:U I','? 'I']11': I?ILiI'U1 >1a PIZ(;>JLiCT'.
1)A T1-: 12/14/00_
7(, UO1SS '1'H1: PI+?i.il??"I' il•1VULVIi AN EXIT?ilf?I'!'1)I!I: ?; i' PI!131 ,;;' f l)NDS oR THE U:,E: :4, I'in ;,lr
(STATE) LAND? YES [ I NO [X I (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 [ I NO [ I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ I NO [ I
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-Resi,d nt a1____-
I . IF APPLICABLE, WHAT IS PPr P''n j-:!) MF.THOIi OF SEWAGE DISPOSAL"
Individual Septic Tank With Gravity Drain Tiles.
AND DA'1EI) P.7 At?I:IJ'1' i'wl'H')I iijk'J'It)N I,P;'I"1'RR, 11' APF'i,l('/1PL1:-
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.
? ? i?zzlo ?
OWNER'S ENT'S GNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))
-i?IS$ELL (Ti2OP'ESSIon(At_, ?l?pclt' InjC
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 2.7699-1621
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]

fulho Bertoli
Office Phone [phone]
Fax Number [phone]
E-Mail: [e-mail]
FAX COVER LETTER
DATE: December 13, 2000
TO: Melissa McAllister
FAX: [phone]
RE: Agent Authorization
SENDER: -Fullio Bertob
Dear Melissa,
Let this rnerw sevve notice that I authorize you to be ny agent or the wetland
application for lots 0 and 1
Sineereh,
1 rr
t \J?
Tullio Bertoli

N/F JERRY S. WRIGHT, JR.
M.B. 548, PG. 59
VICINITY MAP
N.T.S. S 2456'54" E
in
rn
M
N
KITTY HAWK WOODS
SECTION 7
LOT 11
P.C. C, SL. 61 A
PROPOSED HOUSE
88.11'
N
rn
N
--------___ I I j
PROPOSED DRAINFIELD

I JI V n Im

COMMON DRIVE
FOR LOT 11

ZONING RECORDED REFERENCE
BR-1 P. C. C SL 61A
AVG. GRD. ELEV. F.I.R.M. ZONE PANEL 70.
FB PG PIN NO.
aI o AREA OF WETLANDS
TO BE FILLED
0.075 AC

0

E/P

A. C.O.E. 404
-I WETLAND LIMITS
0.23 AC
E/P
25' M.B.L. .

0) N1
r. .4 .4 O I

C1 n
..- .--
-- / 50.00' tq
/ N 19'5
,35" E/P
5
W
HILLTOP
LANE J
12114
G
ILE NO.
3777
ALA
1"= 40'
KITTY HAWK WOODS
SECTION 7
LOT 13
P.C. C, SL. 61A
AREA OF WETLANDS
TO BE FILLED
0.025 AC /
SURVEY FOR:
TULLIO BERTOLI
Vrnam LOT 12, SECTION 7
1, Michoei W. Robinson CERTIFY THAT THIS KITTY HAW WOODS
MAP WAS PREPARED UNDER MY SUPERVISION CHECKED
FROM AN ACTUAL SURVEY MADE UNDER MWR
MY SUPERVISION, THAT THE BOUNDARIES POPLAR BRANCH TOWNSHIP DARE COUNTY NORTH CAROLINA
NOT ACTUALLY SURVEYED ARE SHOWN AS
BROKEN LINES PLOTTED FROM INFORMATION
FOUND IN EXISTING RECORDS AS NOTED
AND THAT THE RATIO OF PRECISION Bissell Professional Group
EXCEEDS 1 : 10,000. P4- / P.O. 7 Box North Croaton Highway
WITNESS MY HAND AND SEAL THIS Kitty Hawk, North Carolina 27949 261- DAY OF 2000 g T S FAX
] 2(252) 26251760261-3266
Engineers, Planners, Surveyors
and Environmental Specialists
P. L. S.
I
U.1
N
tN0
Z
L-3154