20011218 Ver 1_Complete File_20010810

O? VV n r ?? rmcnaej r-. tasiey; uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> y Gregory J. Thorpe, Ph.D.
p Y Acting Director
Division of Water Quality
August 28, 2001
Dare County
DWQ Project # 011218
APPROVAL of 401 Water Quality Certification
Mark & Amie Sabatini
4430 Ridge Road
Kitty Hawk, NC 27949
Dear Mr. & Ms. Sabatini:
You have our approval, in accordance with the attached conditions, to place fill material in 0.1 acres of wetlands for the
purpose of construction of a residence at Ridge Road Estates, Kitty Hawk, as you described in your application dated August 10,
2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number
3274. This Certification allows you to use Nationwide Permit Number 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 or CAMA 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 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 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. This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification.
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 Bob Zarzecki at 919-733-9726 or Tom Steffens at our Washington Regional Office at 252-946-6481.
Sincerely,
r J. Thorpe,-- Ph D - - - - - -
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File Copy
Central Files
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone]
AM
Eit
Customer Service
1 800 623-7748
MEMORANDUM
TO: John Dorney Regional Contact: Tom Steffens
Non-Discharge Branch WQ Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Mark & Arnie Sabatini County Dare
Project Number 01 1218 County2
Recvd From APP Region Washington
Received Date 8/10/01 Recvd By Region
Project Type horse pasture
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact , Score Index Prim. Supp. Basin - Req. Req.
18 F_ 7T-- O N F_ 70 SB ? X0.151. I ?-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y ON Did you request more info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/COnd 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Recommend ISSUE w/o conditions
cc: Regional Office
Central Office Page Number 1
TRLkGE CHECKLIST
8 ?w
L
Project 1?Iame: w ^?e J e ??..: ?&\
Project Number_
County- a?
The attached project has been sent to you for review for the following reasons. Please coer ied ther a
site visit is needed to deer..-mine the imPacts. Particular attention should focus on the below checitems.
,
Please feel free to call the cenaul office smffL member assigned to your re, on if you need assistancc.
Stream length impacted.
Stream determination (i.e. intertnirtent or perennial, or any channel present).
Wetland impact and distance to blue-line surface waters on USGS topo map.
Minimizadonlavoidaace options.
_ j_ :!W 14. (is acc=-mss to hi-ah-round or wetlands)? '
Neuse buffer rules- ;
Pond (water) fill (i.e. is the pond drained or holding water)? '
Ford c-eation (Le- in uplands, in a drained channel, or in wetlands). Please locate streams and
channels (if any so that the central office can determine.
_ 14ideadon ratios- '
Stormwater pond placed in wetlands.
Ditching in weal. nds.
Is the applicant's proposed streamlweuand mitigation site available and viable?
Applicant/consultant has a history of non-compliance (check drawings and application for
accuracy).
• Has project been split from previous work to avoid midgation requirements? i
Constste:it with pr i-applicafoii mecunQs. --- = - - - - - -
7. 7 77-
Cumulative impact concerns-'
0 1 HF-R. "a `_ y c 4
- - _ ` "^?- '••• Nay • - i -9
?Cp
Office Use Only: Form Version April 2001
USACE Action ID No. D«O No. 01 121 8
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank. 01
I.
Processing
1. Chet all of the approval(s) requested for this project:
Section 404 Pemmit
2"4?O tron 10 Permit
11 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Pennit Number(s) Requested: 19
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 VIII - Mitigation), check here: ?
IL. Applicant Information
1. Owner/Applicant Information
Naive: a AR jc ,i- A-m 1 &fLq=--s n/ 1
Mailing Address: 4jA-1,3Q R i n6l,- i-?
f
Telephone Number: _2LS-S- 2,9 Fax Number:
E-mail Address: a)0n.C; t=,P p m !1?/ At Ac 00-1 N/-?_r? .
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the?gent has signatory authority for the owner/applicant.).
Name: A /A-
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 12 (?O
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
b 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 constriction
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 ofproject: _ S`/ ; r.A I i
2. T.I.P. Project Number (NCDOT Only): &p 1A
3. Property Identification Number (Tax PIN): g_/A-
4. Location
County: DAR. ' Nearest Town: K
Subdivision name (include phase/lot number): ,
Directions to site (include road numbers, landmarks, etc-): 11) ?-
i..LZI
7VP ?--t-a mss; f-,? a er IF46i g
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists die
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 A-1
7. Property size (acres) AC1,j
8. Nearest body of water (streana/river/sound/ocean/lalce):
9. River Basin:__ } i ,f?? r c 1 n
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt-0:L?o.enr.state nc us'adnmum/maps/.)
Page 4 of 12

10. Describe the purpose of the proposed work: ?JpfzSr-, Nfn.LL ?
11. List the type of equipment to be used to constiuct the project: b1 ANpM
12. Describe the land use in the vicinity of this project: _Fg5%p,E
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
constriction schedules.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: 21 p
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.
Page 5 of 12
1. 'wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of fmpact* Impact 100-year Floodplain** Nearest Stream
(indicate on ma) (acres (yes/no) (linear fPOtl

Type of 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 Hs t 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 MapScrviceCenterat 1-800-358-9616,or
online athttn://www.fema zov.
`* * 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:
Total area of wetland impact proposed*
_<;
I Stream Impacts, including all intermittent and perennial streams
Stream. Impact
Site Number Length of
Type of Impact* Impact Stream Na
** Average Width

b

Perennial

ndicate on ma) me
(linear feet)
t t?
Intermittent?
Before Im
act (please sDecif
List eacn 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
Y 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. USES maps are available through the USGS at 1-800-358-9616, or online at
www.us?s.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www topozonc com
v-ww.ma.pauest.cam, etc.).
Cuunulative impacts (linear distance in feet) to all streams on site:
Page 6 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
Vindicate on rna
Type of Impact* Area of
Impact
(acres) T
Name of Waterbody
(if applicable) Type of Waterbod
y
(lake, pond, estuary, sound,
,..bay, ocean, etc.)

List each imnnct se .nnrnta]v nnei iAA.,rifi, r-- ...
- - ---? . .............'....., ,.u. aI? JJVL uunLcu ur rin, excavation„dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
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.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: _ _Expected-pond-surface area:
III. 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.
1NC.CKiei4Se, THE 1 z ©? Ede Fu-.Lt a4e 4 At, E" E s c pp-
Page 7 of 12
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.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, nitigation 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 fimction 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 insist 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.ne.us/newetlauds/stim.gide.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.
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Prooram (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 httn:/!h2o.enr.sta.te.ne.ush?irn/index.htm If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Norrripanan wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 N`EPA/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? ff 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, )?
Yes ? No ? If you answered "yes", provide the following information:
Page 9 of 1.2
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 3
2 1.5
Total
" Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
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.
XI. Stormwater (DWQ Only)
Describe impervious acreage
Discuss stormwater controls
downstream from the property.
XII.
(both existing and proposed) versus total acreage on the site.
proposed in order to protect surface waters and wetlands
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 [P
Page 10 of 12
Sewage Disposal (DWQ Only)
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).

g
Ito I
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham .Johnston. Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Sully
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
C4lashington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan Nati onal Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax [phone] Cumberland New Hanover Scotland
Page 11 of 12
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1 RIDGE ROAD ( so R/W
NOTES' SO7?J4?02'w
Lot Area = 38, 035 Sq. -Ft. TIE LINE ONLY ?83'?g•
Flood Zones are subject to change
Setbacks shown are as per the Sub
Plat and as per Zoningi they do not reflect
any Restrictive Covenants that may exist,
This survey is based on the existing evidence
shown In conjuction with the recorded
references given.
There are no horizontal geodetic control
monuments within 2000 feet,
I, M. DOUGLAS STYONS, JR., P.L.S., certify that this plat.was drown from an actual field land survey
that the error of closure as calculated by otitudes and departures is at least 1:10,000;
Witness my hand and sea) Ittfsb y of
October A.D. 20QQ
_I y of ,,5•S?E,I. H WK PARCEL IN KITTY HAWK VILLAGE

vIR??,at?.
SITE ATLANnc SURVEYED FOR
CURRITllCK OCEAN
SOUND
Z AMALI E M. SABATI N
KITTY HAWK BAY
KILL DEVIL HILLS ATLANTIC TOWNSHIP "DARE COUNTY
VICINITY MAP (N.T.S.) KITTY HAWK NORTH CAROLINA
DATE: 10-17-2000 F.I.R.M.: 370439 0001 D qREV.: F.I.R.M. DATE: 4-2-93 ?c?om? >gtv?,tre,vn, sC?¢hAJGCQr1. ?.R? .
FLOOD ZONE: AE (9') 2700 N. Croatan Hwy: Kill Devil Hills, NC. 27948
FILE :SCALE: NO.: : 00-40'300 REC. SEE REF. LIST Phone: [phone] Fax: [phone]
PIN N0. Any unauthorized use or alteration of this document is prohibited
DWG NO.: 00300P IN NO:18415510 A red seal must be present for this to be an original document