20052066 Ver 4_401 Application_20070313

~ ENVIRONMENTAL PROFESSIONALS, INC. ~~ LI ~~Q 0~ LI o o ~~~v 0~J JQ~
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 27948
DATE ~ ~ *v' ~ O ~ JOB NO.~ F ~ y
(252) 441'0239 ATTENTION Q L~
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WE ARE SENDING YOU Attached ^ Under separate cover via the following items:
^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications
^ Copy of letter ^ Change order ^
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
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..1~"~For approval
^ For ycur use
oC7°As requested
^ For review and comment
^ FOR BIDS DUE _
REMARKS
^ Approved as submitted
^ Approved as noted
^ Returned for corrections
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^ Resubmit copies for approval
^ Submit copies for distribution
^ Return corrected prints
^ PRINTS RETURNED AFTER LOAN TO US
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ S - ~ to to Y
(lf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
^ Section 404 Permit (rcd 12/28/05) ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ® Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: *Nationwide 14
*USACE Nationwide Permit issued ; Action ID 200610338 Dated 12/28/05.
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information - -
1. Owner/Applicant Information
Name: Corolla Bay. LLC :~ ~~
Mailing Address: Attn: Mr. Eric Avery ~~'~-~~ "'
821 Ocean Trail -Suite 4
Page 1 of 9

Corolla NC 27927
Telephone Number: 252/453-3600
Fax Number: 252/453-4145
E-mail Address:
2. Agent/Consultant 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: Louise I. Hanson
Company Affiliation: Environmental Professionals Inc. (EPI)
Mailing Address: PO Box 3368
Kill Devil Hills. NC 27948
Telephone Number: 252/441-0239 Fax Number: 252/441-0721
E-mail Address: environmenta~r~earthlink.net
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Corolla BaX Phase I
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax P1N): 9936 42 2717
4. Location
County: Currituck Nearest Town: Corolla NC
Subdivision name (include phase/lot number): Corolla Bay Phase I
Directions to site (include road numbers/names, landmarks, etc.):
Traveling north on NC Hwy 12 the site is located on the west side of NC 12, 1.45 miles
south of the Currituck Lighthouse.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36 ° 21.262' °N 75° 49.633' °W
Page 2 of 9

5. Property size (acres): Approx 59 acres
6. Name of nearest receiving body of water: Corolla Bad
7. River Basin: Pa~uotank
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~//h2o.enr.state.nc.us/admin/maps/.)
8. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: eg nerally vacant wooded area with roadway and storm water
swales installed in an approved subdivision (Corolla Bay) .
9. Describe the overall project in detail, including the type of equipment to be used:
To allow for~reviously_permitted and completed road construction with side slopes and
stormwater swales a~acent to the road Equipment includes rollers dump trucks and front-
end loaders.
10. Explain the purpose of the proposed work: to meet State and County Public Road
Construction and Right of Way specifications and setbacks for residential development.
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 1~TCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE NW 14• Action ID 200610338 Dated 12/28/05.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Individual Permit application is anticipated for all remaining impacts.
Page 3 of 9

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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: N/A -Impacts are in place -
Pro~osed impacts to 0 1268 acres of a total of 17 53 ac. of wetland area onsite. Impacts
deemed necessary to facilitate Public Road and Right of Wadspecifications and setbacks
for residential development See # 7 below -Additional Isolated wetland area impacts
listed and shown are associated with the required elevation for previously-planned and
improved WWTP construction ).
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Located within Distance to Area of
Wetland Impact Type of Wetland 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
A Earthen Fill Forested wetland No 174 LF 0.0195 ac
B Earthen Fill Forested wetland No 318 LF. 0.0690 ac
C Earthen Fill Forested wetland No 365 LF 0.0383 ac
Total Wetland Impact (acres) 0.1268 ac
3. List the total acreage (estimated) of all existing wetlands on the property: 17.53 ac
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Page 4 of 9

Stream Impact
Perennial 0 Average Impact Area of
Number Stream Name Type of Impact 7
Intermittent Stream Width Length Impact

(indicate on map)
-- . Before Im act linear feet
( acres
N/A N/A N/A N/A N/A N/A N/A
Total Stream Impact (by length and acreage)
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A N/A N/A N/A N/A
Total Open Water Impact (acres) NONE
6
T,ist the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): 0.01268
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) N/A
Total Stream Impact (linear feet): N/A
7. Isolated Waters
Do any isolated waters exist on the property? ®Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Isolated wetland impacts include 17 869 sf of fill placed as directed on WWTP Permit to
attain required elevation for previously_planned and approved waste water treatment plant.
Please see Sheet 2 of attached site plan
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
Page 5 of 9

VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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. Buildin 1gL of layout has been
adtusted and re-arranged to reduce impacts The fill has been requested to allow for the asphalt
road and stormwater swales to access and serve the proposed lots. Please see the attached site
plan.
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.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http •//h2o. enr.state.nc.us/ncwetl ands/strm~i de.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.
Applicant will purchase 0 2536 acres of In Lieu Fee Mitigation from the NCEEP.
Application made b~EPI to NCEEP 11/11/OS (See Attached ).
Page 6 of 9

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http•//h2o enr.state.nc.us/w~/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): 0.2536 ACRES
Amount of Coastal wetland mitigation requested (acres): N/A
VIII. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
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 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
Page 7 of 9

2. If "yes", 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
(s uare feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba) N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. (please see site plan)
Total area -road surface approx 39 240 sf Stormwater swales are created on each side of
asphalt road surface Individual lot development will be governed by NC DWQ Coastal
Stormwater Rules and Currituck County Zoning.
XI. Sewage Disposal (required by DWQ)
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.
The developer has permission to tie into the existing central wastewater system currently
serving Montera~Shores
XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
DWQ Project # 05-2066 NOV issued August 28, 2006.
Is this an after-the-fact permit application? Yes ® No ^
Page 8 of 9

XIII. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This project will not impact water quality downstream. In addition it is anticipated that an
Individual Permit application will be submitted for all impacts associated with this project.
XIV. Other Circumstances (Optional): N/A
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).
N/A

Applicant/Agent's Signature Date
*(Agent's signature is valid only if an authorization letter from the applicant is provided.)
*Letter of Authorization attached
Page 9 of 9

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3-D TopoQuads Copyright 41999 DeLorme Yarmouth; ME 04096 Source Data: USG3 f ----11000 ft Scale: l :25,000 Detai1:13-0 Datum: WG584

Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project
(0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed
applications must be submitted to the district engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principle Purpose: These laws require permits authorizing
activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of
the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine
Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure
of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit,be issued. One set of original drawings or good reproducible copies which show the
location and character of the proposed activity must be attached to this application (see sample drawings and
instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An
application that is-not completed in full will be returned.
(ITEMS 1 THR U 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE
3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BYAPPLICANT)
5. APPLICANT' S NAME
Corolla Bay, LLC
Attn: Mr. Eric Avery
6. APPLICANT'S ADDRESS
821 Ocean Trail -Suite 4 Corolla, NC 27927
7. APPLICANT'S PHONE NOS. W/AREA CODE
252 - 453-3600
8. AUTHORIZED AGENT'S NAME AND TITLE
(an agent is not required)
Louise I. Hanson, Environmental Consultant, Environmental Professionals, Inc.
9. AGENT'S ADDRESS
PO Box 3368 Kill Devil Hills, NC 27948
10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence - b. Business 252/441-0239
1 1. STATEMENT OF AUTHORIZATION
I hereby a orize, Enviro ental Professionals to act in my behalf as my agent in the processing of this
applica and to fu'inis on request, supplemental infc~t~~ '~ upport of this permit application.
APPLICANT'S SIGNATURE DATE

In order to accomplish this Scope of Services our fee will be $. _
fees. Payment far services rendered is due upon receipt of invoice. Interest in the amount of 1 E°o1CA,PR
will be charged on any unpaid balances effective ten days from the date of the invoice. In the event that
legal action is necessary to enforce the recovery of any professional fees and interest due, client agrees to
pay Environmental Professionals, Inc. the cost of any attorneys fees or court costs in addition to all other
damages.
If you find this Scope of Services and Fee Estimate acceptable, please sign at the bottom of this document,
provide a $ retainer, and return one signed copy for our file so that we may commence work.
Sincerely,
Envirommental Profess' nals, Inc.
,~
George H. Wood, CEP
GHW:kac
a.
AUTHORIZAT ~~~ ~~
ION TO PR EED
DATE

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+~etti~piete this form, print and sign, and either mail to NCEEP,1ty'18 Mail ~drvi~e Center, Ftelel~h, N~
76gg-~~S~g, ~-r 1'e~tt~ 9~ J-~'~~-321. Attachments are aecraptable tc~ clarify infarmatlgn ef7 the farm.
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y y O S _ ~ ~ ~ WILMINGTON DISTRICT
Action ID. 20061'0338. County: Currituck USGS Quad: Mossey Islan s
GI;NERAI; ~'ERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Corolla Bay LLC C/o Eric Avery
Address: 82'1 bceaia Trail -Suite 4
CaroYla, Na~rth Carolina
2~ ~
Telephone No.: 252-453-3600
Size and location of property (water body, road name/number, town, etc.): S9 acre site, off I~iBhway 12,.1.45 miles
south of Currituck Lig~hthousea Corolla, Currituck County, North Carolina.
Description of projects area and activity: Phase T of 59 acre reside:
Department of A:rrn'~,,,jurisdictional wetlands to facilitate road cy
Applicable Law: = ~ Section 404 (Clean Water Act, 33 USC 1344)
Q Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided. it is accomplished in strict accordance with the attached
.conditions and your submitted plans. Any violation of the attac)•ied conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NW!P is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or°~xevoked prior to March 18, 207. Tt is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide'pernnit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit.. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, .this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer ri~ay, at any time, exercise -his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal.Management .
This Department of the Army verification does not relieve the permittee o£ the responsibility to obtain any other required Federal,
State or local approvals/permits.
1f there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Tom Steffens(252) 975-1616 ex 25.
Corps Regulatory Official Date: 12/28/2005
Expiration Date of Verification: 0311$!2007
Page 1 of 8

2524533922 BD&AADMIN
o~~~ ~Ar~9p~
f
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LQ '^C
August 28, 200b
CERTIFIED MAlL
RETURN RECEIl'T REQUESTED
7005 1820 0003 b594 8327
Eric Avery
821 Ocean Trail
Suite 4
Corolla, NC 27927
Subject: NOTICE OF VIOLATION /NOTICE
OF RECOMMENDATION FOR ENFORCEMENT
Corolla Bay, proposed Subdivision
Currituck County
Pasquotank .River Baisn
Dear Sir:
01:26:23 p.rn. 09-06-2006 419
Michael F. Easley, Governor
William G, Ross Jr., Secretary
North Carolina Department of Envvonment and Natural Resources .
Alan W. Klimek, P.E. Director
pivision of Water Quality
V '~ O S ` a- O I~
This letter is to notify you that the Washington Regional Office of the Division of Water Quality (DWQ) is
considering taking an enforcement action for violations of 1 SA NCAC 2H .0500 Water Quality Certification Rules /
Failure to Secure a 401 Certification and 1SA NCAC 2B .0231 (b)(1) and ]SA NCAC 2b .0231 (b)(5) Wetland
Standard violations. On August 4, 2006 Mr. Kyle Barnes of 9tl~is office conducted a site visit on the subject property
located west of Hwy 12 one and a half (1.5} miles south of the Currituck Lighthouse in Corolla, NC. The wetlands on
the property are adjacent to the Currituck Sound, which is labeled as SC wa#ers by the DWQ.
During this site visit 1V1r. Barnes observed that a road had been constructed through a wetland adjacent to Hwy 12
entering the property. The road impact ~ was in excess of a tenth (. 2 0) of an acre. In addition, another wetland area
adjacent to the Currituck Sound was actively being filled by mechanical earth moving equipment during the DWQ site
visit.
The site visit and subsequent DWQ file review confirmed the following violations have occurred at the proposed
subdivision called Corolla Bay, 1) Failure to secure a 40I Water Quality Certification, and 2} 1Netland Standard
Violation.
Item1. Failure to Secure a 401 Water Quality Certification
The impacts to wetlands on the subject property have occurred as a result of the construction of a road and fill for
residential lots. This office has no record of issuing a 401 Water Quality Certification for the wetland. impacts that have
taken place on the subject property. A fi[e search was conducted indicating that you had applied fora 401 Certification
for the road crossing on the subject property in November of 2005 (DWQ # 200520bb version. I) Corolla Bay, to fill
0.13 acres of wetlands. Our records show that a request for more information letter for that permit was requested of you
in November of 2005 and no response was received thus resulting in a Withdrawal of your application. In May of 200b
the DWQ received an application for Corolla Bay {DWQ # 200520b6 version. 2) to impact 3.b1 acres if wetlands. This
application is currently On-Hold.
Item 2. Wetland Standards Violation
North Carolina Division of Water Quality Intemat www ncwaieraualdv ora
443 Washington Square Malt Phone: [phone] ~7One
Washington, NC 27889 FAX 252,D46-9215 1 V ~C/aprol/ina
An @eual Opportunity/AHfmiative Action Empbyer- 50~ RecydeA/70°k Post Consumer Paper a~a~Kf ~~L~

I
j j 2524533922 BD&AADMIN
', ~I'i
1
01:26:53 p.m. 09-06-2006 519
Unauthorized fill has been placed in an area identified as jurisdictional wetlands for the purpose of road construction
and fill fear residential conshuct~n. This constitutes a violation of the following wetland standard.
15A NCAC 2B .0231(b)(1}
1) "Liquids, fill, or other solids or dissolved gases may not be present in amounts which may cause impacts on
e~cisting wetland uses;"
15A NCAC ZB .0231 {b)(5}
5) I3ydrological conditions necessary to support the biological and physical characteristics naturally present in
wetlands shall be protected to prevent adverse impacts on:
C. T'he chemical, nutrient and dissolved oxygen regime of the wetland;
D. T'l~e movement of aquatic fauna;
E. Vri~ater levels or elevations.
This (7ffice requests that you respond to this letter in writing within Z0 days of receipt of this Notice. Your response
should be sent to both this office at the letterhead address and to the attention of 1VIr. Danny Smith at the Wetlands and
Stormwater Brairch, NPS Assistance and Compliance Oversight Unit, 1b17 Mail Service Center, Raleigh, NC 27699-
1617. Your response should address the following items:
• An explanation of why this work was done without prior authorization.
• A plan detailing how the wetland will be restored to pre-disturbance conditions.
Should you desire to leave the road fil! in place, an application far a 401 Water Quality Certification must be
made to the DWQ. That is, you are required to secure an "after-the-fact" State issued 40I Water Quality
Certification far the road impacts that are to remain on the tract. Any impacts that are to be permanently avoided
or minimized (as may be required through authorization review) must be restored. Please indicate in your
response a schedule with dates detailing your intentions to either completely restore this site or properly secure
permits (401 Water Quality Certification) for the development of this property.
Thank you for your attention to this matter. This Office is considering sending a recommendation for enforcement to
the Director of the Division of Water Quality regarding these issues and any future%ontinued violations that may be
encountered. Your above-mentioned response to this correspondence will be considered in this process.. This office
requires t)&at the violations, as detailed above, be abated immediately. These violations and any future violations
are subject to a civil penalty assessment of up to 525,000.00 per day for each violation. Should you have any
questions regarding these matters, please contact Kyle Barnes at [phone] or myself at [phone].
S' cerel ,
L ©~r~-
Al Hod e, eg~ona upervisor
Surface Water Protection
Washington Regranal Office
cc: Danny Smith/Cornpliance Oversight
Central Files, Water Quality
David Lekson (USAGE Washington Field Office)
WaRO file
Cyndi Karoly, Buffers- 4Q1/WetlandsUnit
Currituck County Manager

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