20140013 Ver 1_401 Application_20131213

Dennis W. Hawthorn
Coastal Permitting Assistance
252 5991040
denniswhawthom @charter.net
Ms. Beverly Strickland
NCDENR
N C Division of water Resources
1617 Mail Service Center
Raleigh, NC 27699 -1617
Re: James Bickford — James Tucker Project
Corolla, NC
Attachment list
Packet includes:
2 0 1 4 0 0 1 3
December 20, 2013
1 Original check no. 13907 to NCDENR for $240, dated 12 -20 -2013 (1)
2 Cover letter to Ms. B. Strickland 12 -20 -13 (5 copies) �,,k , 7 r1
3 Agent authorization (5 copies) ----��
4 PCN Application Form (5 copies)
5 Wetland Delineation Plat / Reduced copy (5 copies)
6 Plat of proposed NWP / 401 Cert. Fill Area, Silt Fence location / Erosion Control Plan (5 copies)
7 Copy of EEP Debit Credit Acceptance Letter (5 copies)
8 Copy of Check No. 13907
9 One copy of original /oversized delineation plat
10 Copy of Wetland Delineation letter sent to Kyle Barnes, USACE Washington Regulatory Office,
Washington, NC (5 copies)
This submittal includes 5 packets, all including the above with the exception that only one original check and one
copy of the oversized delineation plat are included in the submittal. Only one copy of this Attachment List has
been included.
Coastal Permitting Assistance
407 Angler Way Kitty Hawk, NC 27949
252 599 1040
D . WR�.rnnrR 3ra ct

Dennis W. Hawthorn
Coastal Permitting Assistance
252 5991040
denniswhawthorn(&charter.net
December 20, 2013
Ms. Beverly Strickland
NCDENR
N C Division of water Resources
1617 Mail Service Center
Raleigh, NC 27699 -1617
Re: James Bickford — James Tucker Project
Corolla, NC
Dear Ms. Strickland,
❑V
L._.. 7 1013
D 'NR r, P bALITY
Enclosed in this packet, I have hopefully provided the necessary forms and attachments in order to finalize the
wetland delineation undertaken with the US ACE representative Kyle Barnes on November 7th, 2013 in Corolla on
the subject site.
In addition, in order to move this project along as the applicant is under a time sensitive lease agreement to
relocate from his current location, the applicants are applying for a NWP 18 and 401 water Quality Certification in
order to provide a landscape material staging area to service the Corolla area. The applicants have attempted to
secure suitable upland areas to serve the purposes of their operation but either appropriately zoned or financially
feasible upland sites are not available on the Currituck Outer Banks vicinity. I offer the following additional
information and discussion on behalf of the applicant's request.
The applicant is presently using (leasing) an approximate 1.5 acre site nearby but this property has been recently
approved for residential construction by Currituck County and the landlord has requested the applicant's removal
by March 2014.
The applicant has known for several months that this would occur and has spent them attempting to either find
another suitable site to lease or purchase. Although it would be over an hour drive one way, the applicant has also
researched the possibility of relocating in Lower Currituck County where property values are considerably less.
During the applicant's research, they have enlisted assistance of the County's economic planning staff to locate a
suitable site. In addition, because the applicant has provided landscaping maintenance services in the Corolla
vicinity for over two decades, he knows nearly every real estate broker, manager and agent as well as most
property owners in the area. In order to avoid impacts that might be incurred from relocating to a site that would
result in wetland or other environmental impacts, he has sought the aid and assistance of these resources to try
and secure an upland site. He has not been successful in this attempt. Any upland site that could be considered
would be short term and the rental cost would be cost prohibitive. In addition, the applicant would then again have
to absorb the cost of relocating once again as upland areas in the vicinity are in high demand for real estate
development.
After several months of research and review, it was determined that although the property cost for an upland site
in Lower Currituck would be much less than property in Dare County or Corolla, the cost of transporting
landscaping materials 8 or 9 months out of the year would be cost prohibitive. In addition, the local impacts from
routing a fleet of trucks and trailers over 60 miles one way each day would add to local traffic and roadway safety
concerns.

Page 2
James Bickford — James Tucker Project
December 20, 2013
Therefore, it was determined that the most cost effective alternative as well as an alternative that would avoid
impacts as much as possible would be to develop the subject site on 1221 Ponton Lane in Corolla. The site is
directly adjacent to an existing wastewater facility and other light commercial/industrial land use parcels. The
County is in the process of rezoning this parcel so that Mr. Bickford and Mr. Tucker may proceed with this project
and be consistent with local planning concerns.
During the site alternative selection phase of this project, the applicant was advised that they would not be able to
relocate and duplicate their current footprint. They were advised that the new site would, for one, have to be
smaller, because cost wise, that was all that was available, and two, the new site, since it would require the filling
of jurisdictional wetlands, would require demonstration that the applicant is minimizing impacts.
As referenced above and in the application, the applicant is currently using a site that exceeds a 1.5 acre footprint.
To minimize impacts, the applicant is proposing to reduce and consolidate the positioning of his equipment which
in turn will increase operation cost. In addition, a second site either in Lower Currituck or temporarily nearby will
be used for a short while, at an additional cost to the applicant so that the current proposal will allow the applicant
to continue operation in 2014. In addition, although it does not actually minimize impacts on site directly, indirectly
because of the cost of these credits, the applicant is willing and has been approved to purchase mitigation credits
in order to offset impacts for the filling of 0.10 acre of wetlands.
In this regard, on behalf of the applicant, we are applying for permits with the US ACE & NCDWQ to obtain
authorization to fill 0.10 acre in order to provide a site to store mulch and landscaping equipment, etc. We believe
the proposed site and the process to select it has resulted in avoidance and minimization of impacts to the
resources of North Carolina.
In this regard, I have enclosed a copy of this permit application for your review, and hopefully, subsequent
approval.
Thanks aPisW. ain,
Dawth orn
Coastal Permitting Assistance
Coastal Permitting Assistance
407 Angler Way Kitty Hawk, NC 27949
252 599 1040
CP /W-CeXX --('
AFL-

James v Bickford iii
J
Midlantic Buildm4fi C
c/o James V. Bickford III, Member Manager
PO Box 2225
Kitty Hawk, NC 27949
I, James V. Bickford 111 for Midiantic Builders LLC herby authorize James
Tucker, Dennis Hawthorn and the US Army Corps of Engineers to enter
property located at 1221 Ponton Lane, Corolla, Currituck County, North
Carolina for services related to wetland delineation and environmental
permitting.
AUTHOR TION
10/31/2013
DATE

of /�(II'ra ^�/Y■N A rf;,, G
7 11V�� y
a -C
Office Use Only-
Corps action ID no
DWQ project no
Form Version 1.4 January 2009
U
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la Type(s) of approval sought from the Corps:
Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
59 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes Q No
For the record only for Corps Permit:
❑ Yes Q No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ No
1g Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
0 Yes ❑ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2. Project Information
2a Name of project:
James Bickford
2b. County:
Currituck
2c. Nearest municipality / town:
Corrolla
2d. Subdivision name:
The Villages at Ocean Hill
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
MidAtlantic Builders, LLC
3b. Deed Book and Page No.
D.B. 546, PG. 207; D.B. 663, PG 21
3c. Responsible Party (for LLC if
applicable):
MIDATLANTIC BUILDER, LLC
3d Street address:
P O BOX 2225
3e City, state, zip:
KITTY HAWK, NC 27949
3f. Telephone no.:
3g Fax no.:
3h. Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f Telephone no.:
4g. Fax no:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
DENNIS W HAWTHORN
5b. Business name
(if applicable):
5c Street address:
407 ANGLER WAY
5d. City, state, zip:
KITTY HAWK, NC, 27949
5e. Telephone no.:
252 - 599 -1040
5f. Fax no.:
252 - 599 -1040
5g Email address:
denniswhawthom @charter.net
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0114000003k000
1 b. Site coordinates (in decimal degrees):
I Latitude: 36.383333 Longitude: 75.833333
1c. Property size:
0.737 acres
2. Surface Waters
2a Name of nearest body of water to proposed project:
Currituck Sound
2b Water Quality Classification of nearest receiving water:
sc
2c. River basin:
Pasquotank
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is currently a commercially zoned vacant parcel, adjacent sites are used for a wastewater treatment plant, construction equipment storage,
excavation work & automotive storage
3b List the total estimated acreage of all existing wetlands on the property: 0.332
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
Proposed use includes the stockpiling of landscaping mulch materials and associated equipment to be used by an existing landscaping contractor or ro
3e. Describe the overall project in detail, including the type of equipment to be used:
Site is to be(proposed) used as a staging area for a landscaping maintenance opOeration Contractor will be preparing the site so that his employee vet
D
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes ❑ No Q Unknown
Comments: Do not believe so
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary Q Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Dennis W Hawthorn & Kyle Barnes (US A.C. E.)
Agency /Consultant Company: US ACE
Other: Private Consultant
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
November 7, 2013 on site determination confirmed on that date by Kyle Barnes. Official plat signing in progress
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes ❑ No Q Unknown
5b If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a Is this a phased project?
❑ Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary
W1 P
Fill
Non -Tidal Freshwater Marsh
Yes/No
Corps
0 096
W2 -
Choose one
Choose one
Yes/No
W3 -
Choose one
Choose one
Yes/No
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.096
2h. Comments:
The applicant is currently using (renting) a 1.5 A site which has been rezoned for residential use. There is no available zoned property in the vicinity
that can be used for the proposed purposes. Vacant upland area area either extremely expensive because they compete in value for resort real estate
or do not exist. Applicant has worked /coordinated with the County to try & find a reasonable alternate site with no success & is currently wonting with
County on having the proposed site appropriately zoned.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 -
Choose one
-
-
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
_
-
S5 -
Choose one
-
-
S6 -
Choose one
3h. Total stream and tributary impacts
0
3i. Comments:
No stream impacts recognized on site.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
U
4g. Comments: NO Open water impacts recognized s a away p w.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments: No pond or lake impacts
5h. Is a dam high hazard permit required?
❑ Yes Q No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
61 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments: Project not in a protected basin
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant is currently renting & using an approx. 1 5 A site for their landscaping maintenance operation which serves the Corolla area & has for
over 20 years. To avoid impacts, the applicant has sought to purchase /rent a suitable upland site. Because the area property values compete with the
resort real estate market, cost to pursue & secure this alternative is cost prohibitive. Related cost for this alternative not only included the cost of the
property & taxes but the renting option of upland areas, the applicant was unable to enter into any reasonable arrangement timetable (see attached).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The applicant will silt fence the entire use & fill boundary of the site. The site will be filled with dean fill sand, only those areas that will be routinely
driven upon by vehicles will have a gravel base & the entire site will be mulched to prevent & reduce runoff.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Q Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
Q DWQ Q Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: NC EEP ( Letter attached)
3b. Credits Purchased (attach receipt and letter)
Type: Non - riparian wetland
Type: Choose one
Choose one
Quantity: 0.25 A
Quantity:
Quantity:
men a s a wi pType:
NC EEP in-Lieu a e dated -
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Pro ram
4a. Approval letter from in -lieu fee program is attached.
Q Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: No stream or buffer concerns apply.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑Yes Q No
buffer mitigation?
,
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments: No buffer area impacts
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes Q No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
NA
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
3
2b. Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
Project was discussed with Washington office DWQ & was determined no stormwater plan would be applicable.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan.
PROJECT IMPACTS WILL BE LESS THAN 0.10 OF AN ACRE, EROSION CONTROL & STORMWATER CONCERNS WILL BE ADDRESSED VIA
SILTFENCING THE ENTIRE FILL & USE AREA, & THE ENTIRE SITE WILL BE MULCHED. ONLY A MINIMAL AREA WILL BE FILLED WITH
GRAVEL FOR PARKING OF 10 VEHICLES & TRAILERS.
2e. Who will be responsible for the review of the Stormwater Management Plan?
NA
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Currituck County
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
4. DWQ Stormwater Program Review
OCoastal counties
❑HQW
4a. Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply):
[]Session Law 2006 -246
[]Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
Q Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
© Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federaUstate /local) funds or the
❑ Yes
Q No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
letter.) No SEPA requierd
❑ Yes
❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes
❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
NA
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
Q No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
NA
4. Sewage Disposal (DWQ Requirement)
4a. 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.
NO permanent wastewater facilities will be on site. only
portapots.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
0 Yes Q No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes Q No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
NA-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NA
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NA
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
0 Yes OX No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NA
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA - designated 100 -year floodplain?
Q Yes No
8b. If yes, explain how project meets FEMA requirements:
No permanent structures will be placed on the site,
8c. What source(s) did you use to make the floodplain determination?
FEMA mapping
a tined (U dad-
DA W1,1 W, 40Wf11W,4-
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Applicant/Agent's Printed Name
IV Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided
Page 10 of 10

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Ecosystem
PROGRAM
December 17, 2013
James Tucker /James Bickford
PO Box 2225
Kitty Hawk, NC 27949 Expiration of Acceptance: June 17, 2014
Project: Bickford - Tucker County: Currituck
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please
note that this decision does not assure that participation in the NCEEP 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 tf payment to the NCEEP will be
approved You must also comply with all other state, federal or local government permits. regulations or authorizations associated
with the proposed activity including S1. 2009-337. An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S.1, 2011 -343.
This acceptance is valid for six months from the date of this letter and is not transferable. 1f we have not received a copy of the
issued 404 Permit/401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permits) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep.net.
Based on the information supplied by you in your request to use the NCEEP, the impacts that may requite compensatory mitigation are
summarized in the following table. The amount of mitigation required and assigned to NC EF;P 1br this impact is determined by
permitting agencies and may exceed the impact amounts shown below
1 mpact
River
Basin
Cl; Stream (feet)
Location
Coll Cool Warn
Wetlands (acres)
Buffer I
(Sq. Ft.)
Buffer 11
(Sq. Ft.)
Riparian Non-Riparian
Coastal Marsh
Pasquotank
03024105
0
0
0
0 0.10
0
p
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. The mitigation will be performed in
accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In -Lieu Fee
Instrument dated July 28, 2010.
Thank you for your interest in the NCEEP. If you have any questions or need additional information, please contact Kelly Williams at
(919)707 -8915
Sincerely,
James ;B Stanfill
Asset Management Supervtsot
cc. Karen Higgins, NCDWR Wetlandsl401 Unit
Kyle Barnes, USACE- Washington
Roberto Scheller, NCDWR- Washington
Dennis Hawthorn. agent
File
Rut-or, � ... Perot" our Rate F-�®"
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 1919-707-8976 / www nceep.net

G)
INC. 13907 ,
TUCKER LANDSCAPING c `ECG
P.O. BOX 324
COROLLA, NC 27927 '°°$°°/— �°'.,......."°e°C°o0.2�
(252) 202 -9048 66- 679.531
12/20/2013
PAY NCDENR �
' TO THE
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L-
Dennis W. Hawthorn
Coastal Permitting Assistance
252 5991040
denniswhawthornAcharter.net
Mr. Kyle Barnes December 20, 2013
U S Army Corps of Engineers
Wilmington District
Washington Field Office
27889
Re: James Bickford — James Tucker Project
Corolla, NC
Dear Mr. Barnes:
Seasons greetings to you and thank you for your assistance on the subject project thus far.
Enclosed in this packet, I have hopefully provided the necessary forms and attachments in order to
finalize the wetland delineation we undertook on November 7th, 2013 in Corolla on the subject site. In
addition, as we discussed, the applicants are applying for a NWP 18 in order to provide a landscape
material staging area to service the Corolla area. The applicants have attempted to secure suitable .
upland areas to serve the purposes of their operation but either appropriately zoned or financially
feasible upland sites are not available. I offer the following additional information and discussion on
behalf of the applicant's request.
The applicant is presently using (leasing) an approximate 1.5 acre site nearby but this property has
been recently approved for residential construction by Currituck County and the landlord has
requested the applicant's removal by March 2014.
The applicant has known for several months that this would occur and has spent them attempting to
either find another suitable site to lease or purchase. Although it would be over an hour drive one way,
the applicant has also researched the possibility of relocating in Lower Currituck County where
property values are considerably less. During the applicant's research, they have enlisted assistance
of the County's economic planning staff to locate a suitable site. In addition, because the applicant has
provided landscaping maintenance services in the Corolla vicinity for over two decades, he knows
nearly every real estate broker, manager and agent as well as most property owners in the area. In
order to avoid impacts that might be incurred from relocating to a site that would result in wetland or
other environmental impacts, he 'has sought the aid and assistance of these resources to try and
secure an upland site. He has not been successful in this attempt. Any upland site that could be
considered would be short term and the rental cost would be cost prohibitive. In addition, the applicant
would then again have to absorb the cost of relocating once again.
Aftef several months of research and review, it was determined that although the property cost for an
upland site in Lower Currituck would be much less than property in Dare County or Corolla, the cost of
transporting landscaping materials 8 or 9 months out of the year would be cost prohibitive. In addition,
the local impacts from routing a fleet of trucks and trailers over 60 miles one way each day would add
to local traffic and roadway safety concerns.

v�
Page 2
James Bickford — James Tucker Project
December 20, 2013
Therefore, it was determined that the most cost effective alternative as well as an alternative that
would avoid impacts as much as possible would be to develop the subject site on 1221 Ponton Lane
in Corolla. The site is directly adjacent to an existing wastewater facility and other light
commercial/industrial land use parcels. The County is in the process of rezoning this parcel so that Mr.
Bickford and Mr. Tucker may proceed with tliis project and be consistent with local planning concerns.
During the site alternative selection phase of this project, the applicant was advisedihat they would
not be able to relocate and duplicate their current footprint. They were advised that the new site would,
for one, have to be smaller, because cost wise, that was all that was available, and two, the new site,
since it would require the filling of jurisdictional wetlands, would require demonstration that the
applicant is minimizing impacts.
As referenced above and in the application, the applicant is currently using a site that exceeds a 1.5
acre footprint. To minimize impacts, the applicant is proposing to reduce and consolidate the
positioning of his equipment which in turn will increase operation cost. In addition, a second site either
in Lower Currituck or temporarily nearby will be used, at an additional cost to the applicant so that the
current proposal will allow the applicant to continue operation in 2014. In addition, although it does not
actually minimize impacts on site directly, indirectly because of the cost of these credits, the applicant
is willing and has been approved to purchase mitigation credits in order to offset impacts for the filling
of 0.10 acre of wetlands.
In this regard, on behalf of the applicant, we are applying for permits with the US ACE & NCDWQ to
obtain authorization to fill 0.10 acre in order to provide a site to store mulch and landscaping
equipment, etc. We believe the proposed site and the process to select it has resulted in avoidance
and minimization of impacts to the resources of North Carolina.
In this regard, I have enclosed a copy of this permit application for your review, and hopefully,
subsequent approval.
Thanks again,
7— W. Hawthorn
Coastal Permitting Assistance
Coastal Permitting Assistance
407 Angler Way Kitty Hawk, NC 27949
252 5991040

NOTES,
1. AREA DETERMINED BY COORDINATE METHOD,
2. NO RECOVERABLE NCGC MONUMENTS APPEAR TO BE
WITHIN 2000' OF THE SUBJECT PROPERTY SHOWN
HEREON.
3. PIN NO/ 9937-14-8584
4. RECORDED REFERENCE' P.C. D^ SL. 157
]lB. 546, PG, 287
D.B. 663, PG. 21
5. PROPERTY OWNER, MIDATLANTIC BUILDERS, LLC
RO. BOX 2225
KITTY HAWK, NC 27949
SURVEYORS CERMCAMON
1, Michael D. Barr, certify that this plot was drawn under my supervision
from an oduo} survey made under my supervision (deed and description
recorded in Books referenced); that the boundaries not surveyed are
clearly indicated as u,ovm from information found in Books refum^u*o;
that the ratio of pmo/o/vo or yvai:ono| accuracy in 1:10,000 and that
this mop meets the requirements of The Standards of Practice for
Land Surveying in North Con,Hno (21 NCAC os. vsoo),"
/�
No�e=* my original x�nomr� registration number and oov �� ^==_'
�v 'xp�
' Pro essional and Surveyor
—^^'—
SEAL
au
L VI
�
\ ` `
\ \
` \\
\ `
�
(JA \ \ '
��
� 11z
P.C. []. S[ 157
NOW omFORMERLY
UNITED STATES OF AMERICA
FISH AND Y0UDUFE SERVICE
u.e.u41'paaza
NOW OR FORMERLY
UNITED STATES OF AMERICA
FISH AND WILDLIFE SERVICE
ue. 241. PC. ass
GRAPHIC SCALE
88' 0 15' OO 60'
Em 1111101111011
( IN FEET )
NOW OR FORMERLY
OCEAN HILL COMMERCIAL, LLO
o�. rso. Pa ozr
\ 7Y
\ `
\
/
\ //
` \' \
\ \
' �O1 �
�\
�CONTROL CDRNE�
N� Q73.8�4,4�
E; 2,931,803.33
LINE TABLE
ECME]
EXISTING CONCRETE MONUMENT
BEARING
LI
EIR 0
EXISTING IRON ROD
EIP 0
EXISTING IRON PIPE
CIP 0
CALCULATED POINT
M.B.L.
MAXIMUM BUILDING LIMIT
N.T.S.
NOT TO SCALE
P.C.
PLAT CABINET
D.B,
DEED BOOK
SL
SLIDE
SF
SQUARE FEET
AC
ACRES
NOTES,
1. AREA DETERMINED BY COORDINATE METHOD,
2. NO RECOVERABLE NCGC MONUMENTS APPEAR TO BE
WITHIN 2000' OF THE SUBJECT PROPERTY SHOWN
HEREON.
3. PIN NO/ 9937-14-8584
4. RECORDED REFERENCE' P.C. D^ SL. 157
]lB. 546, PG, 287
D.B. 663, PG. 21
5. PROPERTY OWNER, MIDATLANTIC BUILDERS, LLC
RO. BOX 2225
KITTY HAWK, NC 27949
SURVEYORS CERMCAMON
1, Michael D. Barr, certify that this plot was drawn under my supervision
from an oduo} survey made under my supervision (deed and description
recorded in Books referenced); that the boundaries not surveyed are
clearly indicated as u,ovm from information found in Books refum^u*o;
that the ratio of pmo/o/vo or yvai:ono| accuracy in 1:10,000 and that
this mop meets the requirements of The Standards of Practice for
Land Surveying in North Con,Hno (21 NCAC os. vsoo),"
/�
No�e=* my original x�nomr� registration number and oov �� ^==_'
�v 'xp�
' Pro essional and Surveyor
—^^'—
SEAL
au
L VI
�
\ ` `
\ \
` \\
\ `
�
(JA \ \ '
��
� 11z
P.C. []. S[ 157
NOW omFORMERLY
UNITED STATES OF AMERICA
FISH AND Y0UDUFE SERVICE
u.e.u41'paaza
NOW OR FORMERLY
UNITED STATES OF AMERICA
FISH AND WILDLIFE SERVICE
ue. 241. PC. ass
GRAPHIC SCALE
88' 0 15' OO 60'
Em 1111101111011
( IN FEET )
NOW OR FORMERLY
OCEAN HILL COMMERCIAL, LLO
o�. rso. Pa ozr
\ 7Y
\ `
\
/
\ //
` \' \
\ \
' �O1 �
�\
�CONTROL CDRNE�
N� Q73.8�4,4�
E; 2,931,803.33
LINE TABLE
LINE
L�N­GTH=
BEARING
LI
49,16
S,35-45'42"E
L2
40.57
N40'07'1 4"W
L3
24.24
N87'45'42"W
L4
40,41
N54'47'46"W
L5
51.60
N49*01'38"E
L6
35.77
N36*04'43"E
L7
21.68
NOO*17'06"W
L8
7,78
N63'03'46"W
L9
20.76
S0644'23"W
L10
15.57
S81 *36'49"W
L11
58.98
N73'38'00"W
L13
3.18
S67*06'02"W
L18
11.69
N86*24'10"E
L20
8.96
N52'58'39"W
L21
36.52
N67'39'02"W
L22
30.79
N34*14'53"W
L23
14.26
N41'04'33"W
L24
26.88
N86-54'16"E
U.S. ARMY CORPS OF ENGINEERS CERTIFICATE
THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS
THE BOUNDARY OF THE JURISDICTION OF SECTION 404 OF THE CLEAN
WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE
UNLESS THERE B A CHANGE IN THE LAW OR OUR PUBLISHED
REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION WAY
BE RELIED UPON FOR A PERIOD NOT T0 EXCEED FIVE YEARS FROM
THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE
APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 CORPS OF
ENGINEERS WETLANDS DELINEATION MANUAL.
REGULATORY OFFICIAL
TI TILE
DATE
USACE ACTION ID
PROJECT NO:
4�����
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