20070678 Ver 1_Application_20070417

6Zuible
Quible & Associates, P,C.
ENGINEERING • ENVIRONMENTALSCIENCES • PLANNING • SURVEYING
SINCE 1959
07.0678
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax:[phone]
NC Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
April 13, 2007
PAYi ~~r~ E~~T
RECcIVED
RE: Tarheel Shores
Proposed 401 Cert. for Isolated Wetlands Impacts
Salvo, Dare County, NC
Mr. Dorney:
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
Enclosed is a 401 Water Quality Certification submission for a project referred to as
"Tarheel Shores" in Salvo, Dare County, North Carolina. The proposed impacts include
0.77 acres of "isolated" wetlands fill impacts associated with subdivision development
activity as depicted on the site plan and described in the application. The isolated
wetlands are confined to the subject tract and they do not connect or comprise any
surface drains (the adjacent lands to the north and south are developed residentially).
Enclosed are seven copies of the following:
• $200 processing fee check
• Site Plan
• PCN Application
• Agent Authorization Letter
• USGS Vicinity Map
• Signed USACE Isolated Wetlands Plat
Please review and process this permit request. If you have any questions or require
additional information, please contact me at [phone].
Respectfully Submitted,
Quible & Associates, P.C.
~~~
Brian Rubino
CC: Kyle Barnes, DWQ
Tom Steffens, USACE
~-

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2007067$
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If 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 ^ 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: 401 Water Quality Cert.
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:,r~ .~ - , -
.,.:.._
II. Applicant Information ` .'~~ ~ :.i
,.,
1. Owner/Applicant Information
;_ , , -,;
Name: Billy Rou~hton, Wind Over Waves, LLC ,t~~-; , ;, `. ~, ~.C E,t~
Mailing Address: P.O. Box 1877
Kill Devil Hills. NC 27948
Telephone Number:__ [phone] Fax Number:
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: Brian Rubino
Company Affiliation: Quible & Associates, P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk, NC 27949
Telephone Number: 252-261-3300 Fax Number: 252-261-1260
E-mail Address: [e-mail]
Updated 11/U2005
Page 5 of 13

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 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 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: Tarheel Shores
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 065717022448
4. Location
County: Dare Nearest Town: Salvo
Subdivision name (include phase/lot number): None recorded (Proposed: Tarheel Shores)
Directions to site (include road numbers/names, landmarks, etc.): From Naffs Head take NC
12 South to Hatteras Island; Pass throu>;h Pea Island Wildlife Refuge and the villa eg s of
Roadanthe and Waves; in Salvo, the subject property is on the east (left) side of NC 12 just to
the south of Colony Drive (runs from NC 12 to the oceanfront)
5. 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): 35.547222 °N 75.471389 °W
6. Property size (acres): 6.62 acres
7. Name of nearest receiving body of water: Between Pamlico Sound and Atlantic Ocean
8. River Basin: Pasquotank
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mapsl.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped scrub-shrub and rassy; there are 0.77 acres of
isolated wetlands as determined by USACE (see signed plat 3-5-07); there are no wetlands
Updated 11/1/2005
Page 6 of 13

under jurisdiction of USACE and a USACE permit is not required for impacts to these
isolated areas; the remainder of the property is non-wetland (5.85 ac)
10. Describe the overall project in detail, including the type of equipment to be used:
The project involves filling rg ading of the 0.77 acres of isolated wetlands for a
residential development. The isolated wetlands will be filled with sand dominated material
brought to the site by dump truck and will be spread and graded by way of bulldozer and
grader and the material will be compacted. The isolated areas will be used for
roadways/driveways, building footprints, and associated lot infrastructure. There will be no
septic systems sited in the isolated wetland areas.
11. Explain the purpose of the proposed work: The purpose of the project is to develop the
subject tract into thirteen lots as depicted. The isolated wetland areas would be impacted in
association with roadways/driveways, building footprints, and associated lot infrastructure.
Also, the linear nature of the isolated pockets is problematic for on-site wastewater systems
since Dare County requirements include extensive setbacks from all wetlands, including
isolated areas.
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
construction schedules. A jurisdictional determination was issued by USACE on 3-5-07 SAW-
2007-790-128 (See associated signed plat enclosed)
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.
There will be future building_permit and septic system permit requests to Dare County. There
will also be a DWQ Low Density Coastal Stormwater Permit request and a DLQ SESCP Permit
request. There will be no more wetland impacts of any kind on this parcel.
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)
Updated 11/1/2005
Page 7 of 13

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: Impacts include isolated wetland
impacts of 0.77 acres. The isolated wetland areas would be impacted in association with
roadways/driveways, building footprints, and associated lot infrastructure. Also, the linear
nature of the isolated pockets is problematic for on-site wastewater systems since Dare
Count requirements include extensive setbacks from all wetlands, including isolated areas.
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.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)

Shaded on plat
Fill, Grading
scrub-shrub, herbaceous
yes -490 fr to ocean
from east side
ed e
0.77

Total Wetland Impact (acres) 0.77
3. List the total acreage (estimated) of all existing wetlands on the property: 0.77 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. N/A
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
Updated 11/1/2005
Page 8 of 13

5. 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, dred~in~, flooding, drainaee, bulkheads, etc. N/A
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List t:
tie cumulative impact to all waters of the U.~. resulting trom the project
Stream Impact (acres):
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
The wetlands are isolated and are not considered to be Waters of the US
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.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. 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
Updated 11/1/2005
Page 9 of 13

techniques to be followed during construction to reduce impacts. The subdivision design
includes thirteen lots at build-out. The lot sizes will vary from approximately 15,000 sq.ft. to
23,000 sg.ft. These lots are relatively lardpared to the majority of pre-existing lots in the
area (adjacent subdivisions to the north and south) that are less than 10,000 sq.ft. each. In order
to construct the road and provide a buildable area (including on-site septic system areas), the
isolated wetlands would need to be impacted.
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 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 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 must be attached in order
for USACE 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/ncwetlands/strmgide.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.
There is no proposed mitigation since the wetlands are isolated and are not under USACE
jurisdiction and these isolated wetlands are less than 1.0 acre in area. According to 15A
NCAC 02H .1305 (c) (6) (A) "Impacts to all surface waters on the site which total less than
one acre of surface waters or less than 1 SO linear eet of streams do not require
compensatory mitigation"
Updated 11/1/2005
Page 10 of 13

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/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information: N/A
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/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 ^ N/A
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 ^ N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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
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. N/A
~ Zone* ~ Impact ~ Multiplier ~ Required ~
Updated 11/1/2005
Page 11 of 13

(square feet) Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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. N/A
XI. 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°Io, please provide calculations
demonstrating total proposed impervious level.
There is no_existin~ impervious covera;;e on the site. The development maximum coverage will
be 2$ percent as specified in the DWQ Low Density Coastal Stormwater standards.
XII. Sewagf~ 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.
Individual on-site septic treatment systems will be permitted and constructed throw h Dare
County Health Department.
XIII. Violations (required by DWQ)
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
XIV. 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:
There will be no additional wetland impacts of any kind associated with this project.
Furthermore, the adjacent parcels to the north and south are existing subdivisions without
wetlands present.
Updated 11/l/2005
Page 12 of 13

XV. 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).
ApplicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13

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