20070577 Ver 2_Application_20070524

ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
[phone] fax [phone] D - OS r)
1 2
May 15, 2007
Mr. John Dorney
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Nationwide# 14 - Villa's at the Point - Currituck County
Dear Mr. Dorney,
Enclosed are revisions to a preconstruction notification form for a nationwide# 14 permit
for the Villa's at the Point located in Powell's Point, Currituck County, North Carolina.
The original application and plat did not account for all the wetlands located onsite. The
enclosed application and plat have been corrected to reflect the increase wetland
impacts. The proposed wetland impacts associated with the entrance to the property
have been increased to 0.32 acres.
We request that you that you continue with the application process and if have questions
or need additional information please contact me at 252-261-7707.
Sincerely,
Douglas A. Dorman
Atlantic Environmental Consultants, LLC
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cc: Tom Steffans, USACOE

FUSACE Action ID No. Form: Version March OS
DWQ No. D V - OS `0 1 1/ a-
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" ).
1. 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: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
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:
rr ee
II. Applicant Information ;tip; r,Y i' 0 L l
1. Owner/Applicant Information
Name: Villa's at the Pointe LLC c/o Eric Avery
Mailing Address: 821 Ocean Trail. Suite #4
Corolla NC 27927
Telephone Number: see consultant info. Fax Number: see consultant info.
E-mail Address: see consultant info.
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: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kitty Hawk NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: roxdormangg aol.com
Page 1 of 9
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 I1 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: Villa's at the Pointe AEC#07-007
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Pin# 9837-84-3625
4. Location
County: Currituck County Nearest Town: Spot
Subdivision name (include phase/lot number): Villa's at the Pointe
Directions to site (include road numbers, landmarks, etc. Heading to the Outer Banks from
north Hwy 158, this site is located off Caratoke Highway (Hwy 158) just south of The Pointe
Golf Course (Pointe Golf Club Drive) and north of Church Road, across the highway from
Lucinda Lane.
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): 36°06'47.54" °N 75°49'32.86" °W
6. Property size (acres): 23.03 acres
7. Name of nearest receiving body of water:^ Currituck Sound/tributM from Pig Point
8. River Basin: Pasquotank River Basin
(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/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The subject tract is currently undeveloped forested land; no
structures currently exist on this tract. The majority of the surrounding parcels are developed
general business and single-family residential subject tract is adjacent to an exiting golf
course "The Pointe Golf Course".
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: An
excavator or backhoe will be used to imbed one 48" corregated metal pipe (culvert) with flared ends
in the existing four foot ditch- clean fill from a commercial source will be placed on top of the culvert
and within Section 404 wetlands (0.32 ac) to construct an access road. Bulkhead will be constructed
on both sides of the proposed road and culvert to prevent erosion and intrusion of fill into the ditch
and adjacent wetlands The road will be tamped with asphalt once the road is prepared for a
subdivision Filter cloth will be placed between the bulkhead and fill to prevent fill material from
seeping into the adjacent wetlands Open disturbed area will be graded and seeded to filter
stormwater runoff and prevent intrusion of disturbed material into the drainage ditch. Equipment
utilized for this project to include an excavator or backhoe frontend loader with box blade, dump
trucks hydraulic pump and hand tools Equipment used for logging not included since logging is an
exempt activity.
11. Explain the purpose of the proposed work: Proposed work is necessary to cross an
existing drainage ditch and fill Section 404 wetlands to access highground for future
development (general business and high density 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 NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
AEC delineated the wetlands on site on 10-5-05 a Jurisdiction determination was made by
USACE Tom Steffens on 11-9-05. No plats have been signed at this point due to change in
ownership and USACE moratorium therefore, No Action ID available at this time.
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:
Future permits include permits required for subdivision development including but not limited
to building permits. Disturbance proposed at this time includes logging the highground portion
of this parcel (21.35 acres). Total disturbance proposed at this time includes fill in wetlands and
logging site. Temporary logging mats (and culvert will be placed over wetlands within the
proposed road before road construction takes place. Once the S & E permit is obtained, logging
will take place and is an exempted activity within wetlands (logging road). Once logging _has
taken place the construction of the road (filling for road construction) will take place for access
for a future subdivision. The conceptual plan at this time includes the front portion of the subject
site to be utilized as a general business (see site plan), with hi densi multi-family residential
behind the commercial businesses. This is a conceptual development plan at this time.
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: Placement of 48" corregated metal
pipe with flared ends into existing drainage ditch to construct a road to cross the ditch and wetlands
adjacent to existing ditch Bulkhead will be constructed on both sides of road crossing and placed
with filter cloth. While construction takes place silt fence will be placed at the disturbance interface
to prevent loose material into the ditch and adjacent wetlands.
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 Type of Wetland Located within
I 00-year Distance to Area of
Im act
Site Number Type of Impact (e.g., forested, marsh, lain
Flood
ai Nearest Stream (acres)
(indicate on map) herbaceous, bog, etc.) (yes l (linear feet)
.86 mi. to tributary
1 Wetland fill Forested wetland yes cone/ to Currituck
Sound (1 mile to 0.32 ac.
Currituck Sound)

Total Wetland Impact (acres) = 0.32 acre
3. List the total acreage (estimated) of all existing wetlands on the property: 2.1 acre
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
Site Number

(indicate on ma)
Stream Name
Type of Impact
Perennial t
Intermittent? Average of
Stream Width

Before Impact Impact
Length

(linear feet) Area of
Impact

(acres)
N/A N/A N/A N/A N/A N/A N/A.
N/A N/A N/A N/A N/A N/A N/A

Total Stream Impact (by length and acreage) = -0-
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, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map) Name
applicable) Waterbody
(if ap
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A N/A N/A N/A N/A

Total Open Water Impact (acres)
6. List the cumulative im act to all Waters of the U.S. resulting from the project:
Stream Impact (acres): N/A
Wetland Impact (acres): 0.32 ac.
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.14 ac.
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.
8. 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.): 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
Page 5 of 9
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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
techniques to be followed during construction to reduce impacts.
The proposed impact includes the placement of a 48" culvert with associated wetland fill (road
crossing,) to access highground for future development. Wetland impacts were limited to a total
of 0.32 acre which is covered under a USACE Nationwide 14 General Permit. Proposed
placement of culvert and wetland fill will allow the developer to access adjacent highground for
preparation for future development (subdivision road). Limited Access - Access to this parcel is
limited to only 200' of road frontage accessing from Highway 158, therefore wetlands could not
be avoided to access this 23 acre tract since wetlands are adjacent to the ditch intersecting the
200' road frontage Silt fence to be placed between disturbed area and ditch to prevent intrusion
into the ditch and adjacent wetlands. Silt fence also to be placed along the proposed land
disturbance (logging area) Bulkhead will be constructed on both sides of the proposed crossing.
The road is located so as to impact the least amount of wetlands.
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, 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 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.nc.us/ncwetiands/stringide.html.
Page 6 of 9
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.
The proposed mitigation plan for this project will be the purchase of wetland credits from
NCEEP as compensatory mitigation to offset wetland impacts proposed (Attached
acceptance letter from NCEEP dated).
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 willing 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:
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 of Non-riparian wetland mitigation requested (acres): 0.32 acre
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
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
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
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
Page 7 of 9
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
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify N/A )? 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.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone I extends out 30 feet perpendicular from 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 213 .0242 or .0244, or .0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
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%, please provide calculations
demonstrating total proposed impervious level. Total acreage of site is 23.03 acres. Impervious
areas do not currently exist within the subject site- site is currently undeveloped forested land. Proposed
built upon (impervious) areas for this site are as follows: Future proposed built upon area will include
high density development within a General Business (GB) zone. Impervious Areas proposed for General
Business (GB) will not exceed the allowable 60% coverage. Acres of impervious area proposed for
development has not been determined at this time since this is a conceptual plan. Proposed Disturbance
includes grading for road and lots = 21.35 acres. Once Jogging taes place and stumps and debris are
removed from the site the disturbed area (21.35 acres) will be graded at a gradual slope towards the
existing ditch then disturbed area (21.35 acres) will be seeded according to the tables (Permanent
Vegetation & Temporary Vegetation) submitted within the S & E plan (S&E Plan submitted by
Landmark Engineering). Vegetated areas are proposed for surface runoff preventing localization of
stormwater runoff. Disturbed areas will be seeded immediately to filter surface runoff. Silt fence will be
placed along the wetland interface and graded area to prevent material runoff before grass is established.
Total land disturbance for this project will be a maximum of 21.35 acres.
Page 8 of 9
XII. 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.
On site wastewater systems proposed along southern portion of property.
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 E] No
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).
No constraints currently associated with this project.

5-((42--o
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9

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