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Mr. Gregory Youens
12309 SW 27th Street
Yukon, OK 73099
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 4, 2006
Subject Property: Lot 80 — Section 2 — Swan Beach
Currituck Sound [030154,30-1, SC]
Alan W. Klimek, P.E. Director
- Division of Water Quality
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Youens: ,
DWQ Project # 06 -1422
Currituck County
142:2-N, '° Nil
WIN ME
OC l 0 6 2006
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.053 acres of wetland to construct the proposed single family residence at the
subject property, as described within your application dated August 30, 2006, and received by the N.C.
Division of Water Quality (DWQ) on September 1, 2006. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402).
The Certification(s) allows you to use Nationwide Permit(s) NW 18 when issued by the US Army Corps
of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non - discharge, and other regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. 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 fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow, the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http: / /www.ncwaterquality.org
An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper
Noe Carolina
Naturally

Mr. Gregory Youens
Page 2 of 3
October 4, 2006
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre - Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards; statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures -must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and .
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with. ISA NCAC
2B .0233 and GC 3404;
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
Amount Approved (Units)
Plan Location or Reference
404 /Wetland
10.053 (acres)
PCN page 4 of 8
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre - Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards; statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures -must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor -owned or leased borrow pits associated with the project.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and .
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with. ISA NCAC
2B .0233 and GC 3404;
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.

Mr. Gregory Youens
Page 3 of 3
October 4, 2006
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, 6714 Mail Service Center,
Raleigh, N.C. 27699 -6714. 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 Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919 - 733 -1786 or Kyle Barnes in the DWQ Washington Regional Office at 252 - ?1616481.
S
Alan W. Klimek, P.E.
AWK/ym
Enclosures: GC 3402
Certificate of Completion
cc: ,Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Mike Street, DMF, P.O. Box 769, Morehead City, NC 27557
Louise Hanson, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948
Filename: 061422Lot80 Section2 SwanBeach(Currituck)401

Triage Check List
L le_c�";� Date: Ll Project Name: l EQ Aja/'
DWQ #: 2 ".6 / yz Z._
County:
To: ❑ ARO Kevin Barnett 21 WaRO Kyle Barnes
❑ FRO Ken Averitte ❑ WiRO Noelle Lutheran/Joanne Steenhuis
❑ MRO Alan Johnson/Barry Love ❑ WSRO Daryl Lamb
❑ RRO Eric Kulz
From: /E =/ Telephone : (919) `2 3 3 �9
The file attached is being forwarded to your for your evaluation.
Please call if you need. assistance.
❑ Stream length impacted
❑ Stream determination
03- Wetland determination and distance to blue -line surfacewaters on USFW topo maps.
❑ Minimization/avoidance issues
❑ Buffer Rules (Meuse, Tar - Pamlico, Catawba, Randleman) RECEIVED
❑ Pond fill
SEP 12 2006
❑ Mitigation Ratios
❑ Ditching D- C
❑ Are the stream and or wetland mitigation sites available and viable?
❑ Check drawings for accuracy
❑ Is the application consistent with pre - application meetings?
❑ Cumulative impact concern
Comments:
W U�4
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Y
,,Ecosystem
PROGRAM
INVOICE
January 9, 2007
Gregory Youens
12309 SW 27" St.
Yukon, OK 73099 -7075
Project:
Swan Beach- Lot 80- Section 2
County:
Currituck
DWQ #:
06 -1422
COE #:
2006 - 40972 -127
EEP #:
ILF- 2006 -4813
RECEDED
AN 10 2007
DW -WARO
You have elected to satisfy the compensatory mitigation requirements of the Section 401 /404 /CAMA permit(s) issued for the above
referenced project through payment of a fee to the North Carolina Ecosystem Enhancement Program ( NCEEP). In accordance with
15A NCAC 2H.0500, the amount you owe is based upon the 2006 -07 Fee Schedule and has been calculated as follows (Please note:
payment for wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly
Williams at (919) 716 -1921.
Habitat Type Invoiced Amount Fee Schedule Cost
Non- Riparian Wetlands _0.25 acres x $ 13,924.00 = $3,481.00
TOTAL AMOUNT DUE $3,481.00
Please send a check payable to NCEEP for the Total Amount Due to one of the addresses below and enclose a copy of this invoice.
US Mail: Physical Address:
NCDENR Ecosystem Enhancement Program NCDENR Ecosystem Enhancement Program
1652 Mail Service Center 2728 Capital Boulevard, Suite 1H 103
Raleigh, NC 27699 -1652 Raleigh, NC 27604
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and /or
authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name please include a
signed statement by the permit holder that the check is being written on behalf of and with full knowledge and authorization of the
permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND /OR THE 401 WATER QUALITY
CERTIFICATION.
cc: Cyndi Karoly, Wetlands /401 Unit
Tom Steffens, USACE - Washington
Barnes, DWQ- Washington
Louise Hanson, Agent (email)
File
RUtoriptg... ... Prot", oar state
©��
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep.net

stem e
PROGRAM
September 6, 2006
Kendall Turnage
EPI
P O Box 3368
Kill Devil Hills, NC 27948
Project: Swan Beach, Lot 80, Sec 2 County: Currituck
o?Q6 /yzZ
RECEIVED
AF 12 2006
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404 /401 /CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin
Wetlands
Stream
Buffer
Buffer
Cataloging
(Acres)
(Linear Feet)
Zone 1
Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian
Non-Riparian
I Coastal Marsh
Cold
Cool
Warm
Pasquotank .
0
0.053
0
0
0
0
0
0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 mitigation -to- impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type'and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or
CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at (919) 733 -5205.
Sincerely,
i iam D. ilmore, PE
Director
cc: Cyndi Karoly, Wetlands /401 Unit
Tom Steffens, USACE- Washington
Kyle Barnes, DWQ- Washington
Doug Huggeit, DCM- Morehead City
File
R-UtIoring... Prot", oar -fta&
Al A
RCUN R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 - 715 -0476 / www.nceep.net