20071988 Ver 1_Application_20071126

SINCE 1959
Quible & Associates, P.C. ~ 7 ~' 1 ~ 8 8
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
TRANSMITTAL F~ ~ (~ ~ ~,st-r~
Pro,~ects Berger Tract Date: November 19, 2007
To: Kyle Barnes Project Noz 06066
We transmit: ^ herewith
^ per your request
^ under separate cover
Via: ^ overnight
^ fax
For your: ^ use
^ approval
The following: ^ drawings
^ specifications ^ data
^ hand delivery
review & comment
^ records
^ correspondence
^ US Mail
^ information
^ distribution
^ shop drawings/samples
^ contractual data
# Date Description
7 November 19, 2007 PCN Application for 0.23 acres of fill for road crossing
Kyle
After the fact permit for Berger Tract in Hyde County. Tom Steffens indicated he would support this option. We met
with Tom out there to delineate some additional wetlands and realized the road had been installed incorrectly. The
additional fill falls within the 0.50 acres of Nationwide. We felt this was the most favorable option.
Please do not hesitate to contact the undersigned at 252.261.3300, or via email at [e-mail] if you have
any questions or requests for additional information. ~ r ~ ~~
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Sincerely, ~
I~QV ~ ~ 2447
Quible & Associates, P.C.
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Warr Eadus L.G.
(~at~R - w~etER c'~u~~-~-`~
;'~TL.D.RD3 i~rl~ c,Tn~~~~"!s~TE~R L1RAPtCFi
8 Juniper Trail - P.O. Drawer 870, Kitty Hawk, NC 27949 [phone] FAX [phone]
E- Mail [e-mail]

~2uible
S~uible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax:[phone]
PRINCIPALS
Sean C, Boyle, P.E.
Joseph S. Lassiter, C.E.P,
Eduardo J Valdivieso, P.E.
November 16, 200 7
Mr. Kyle Barnes
North Carolina Division of Water Quality
401 Wetlands Unit
943 Washington Square Mall
Washington, NC 27889
RE: Jeff Berger Tract
247 Acre Parcel
Sladesville, Hyde County, NC
Mr. Barnes:
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
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Please find enclosed a PCN Permit Application requesting the modification of an existing Nationwide
#14 Fill Permit (USAGE ID #2005 1 1 835) at the above referenced site. A Nationwide #14 was issued for
the fill of 0.25 acres of Section 404 non-riparian wetlands (wetlands) to create a road crossing to access
an area of uplands at the southern end of the property on August 26, 2005. Mitigation for the wetlands
impacts was in the form of a payment to the Ecosystem Enhancement Program (EEP). A copy of the
Nationwide #14 Permit and receipt for payment into the EEP mitigation bank have been included with
this application.
During a subsequent USAGE site visit/complianceeheck, it was determined that the contractor did not
install the road in the proper alignment, resulting in additional wetlands impacts. Subsequently, the
property owner had the road alignment surveyed to determine the extent of the additional wetland
impacts. Based on a survey prepared by Hood Richardson, dated June 1 l , 2007, the area of un-permitted
fill in Section 404 non-riparian wetlands equals U.23 acres.
The total amount of wetlands filled at the site for road crossings is currently 0.48 acres. Wetlands
impacts on the Berger Tract fall within the total wetland impacts (0.50 acres) allowed under a
Nationwide #14 Permit. Therefore, it is requested that the original Nationwide #14 Permit be modified
to include those additiona10.23 acres of wetlands impacts not authorized in the original Nationwide #14
Permit.
Mitigation for the wetlands impacts will be in the form of a payment to the EEP at a ratio of 2:1. An In-
Lieu Fee Request Form was sent to Kelly Williams on September 18, 2007 and accepted on September
26, 2007. A copy of the acceptance letter is attached with this permit application. Alternatives to permit
modification at the site include the removal of fill from the road, and reconfiguration which might lead to
additional undesirable environmental impacts. Given this additional fill does not exceed the 0.50 acre
maximum for total road access for the entire 247 acre site, it is respectfully requested that permit
modification be considered as the best option.

Included with the permit application please find the following documentation and plans:
1. Site Plans
2. Copy of the relevant portion of the USGS Topographic Quadrangle (Pamlico Beach) with site
identified
3. Copy of the relevant portion of the USDA NRCS Hyde County Soils Map with the site identified
4. EEP acceptance letter for additional 0.23 acre impacts
5. Receipt of fees paid to EEP for mitigation of 0.50 acres of non-riparian wetlands (2:1)
6. Copy of Nationwide #14 Permit (USAGE ID# 200511835)
7. Copy of most recent Boundary Survey showing existing logging roads
8. Copy of the $240 Processing Fee Check made payable to NCDENR
Please do not hesitate to contact the undersigned at 252.261.3300 if you have any questions or require
additional information to process this permit request.
Sincerely,
Quible~& Associates, P.C.
Warren D. Eadus, L.G.
cc Kyle Barnes, DWQ
Dr. Jeffrey Berger
file

6~uible
Quible & Associates, P,C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
November 16. 2007
Thomas Steffens
US Army Corps of Engineers
P.O. Box 1000
Washington, NC 27889
RE: Berger Tract
247 Acre Parcel
Sladesville, Hyde County, NC
Mr. Steffens:
P.O. Drawer 870
Kiity Hawk, NC 27949
Phone: [phone]
Fax:[phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdiviesc, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marcheflo, P.L.S.
Please find enclosed a PCN Permit Application requesting the modification of an existing Nationwide
#14 Fill Permit (USAGE ID #200.511835} at the above referenced site. A Nationwide #14 was issued for
the fill of 0.25 acres of Section 404 non-riparian wetlands (wetlands) to create a road crossing to access
an area of uplands at the southern end of the property on August 26, 2005. Mitigation for the wetlands
impacts was in the form of a payment to the Ecosystem Enhancement Program (EEP). A copy of the
Nationwide #14 Permit and receipt for payment into the EEP mitigation bank have been included with
this application.
During a subsequent USAGE site visit/compliance check, it was determined that the contractor did not
install the road in the proper alignment, resulting in additional wetlands impacts above the permitted 0.25
acres. Subsequently, the property owner had the road alignment surveyed to determine the extent of the
additional wetland impacts. Based on a survey prepared by Hood Richardson, dated June 11, 2007, the
area of un-permitted fill in Section 404 non-riparian wetlands equals 0.23 acres.
The total amount of wetlands filled at the site for road crossings is cu17•ently 0.48 acres. Wetlands
impacts on the Berger Tract fall within the total wetland impacts (0.50 acres) allowed under a
Nationwide #14 Permit. Therefore, it is requested that the original Nationwide #14 Permit be modified
to include those additiona10.23 acres of wetlands impacts not authorized in the original Nationwide #14
Permit.
Mitigation for the wetlands impacts will be in the form of a payment to the EEP at a ratio of 2:1. An In-
Lieu Fee Request Form was sent to Kelly Williams on September 18, 2007 and accepted on September
26, 2007. A copy of the acceptance letter is attached with this permit application. Alternatives to permit
modification at the site include the removal of fill from the road, and reconfiguration which might lead to
additional undesirable environmental impacts. Given this additional fill does not exceed the 0.50 acre
maximum for total road access for the entire 247 acre site, it is respectfully requested that permit
modification be considered as the best option.

plantation operated b~Weyerhaeuser. Much of the acreage is Section 404 wetlands
dominated by wax myrtle, herbaceous plants grasses and new growth pines Reportedl~he
tract was harvested no more than ten ears ago. Much of the remaining mature timber on the
property is located along the shoreline of the creeks.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed work involves placement of an additional 0.23 acres fill in the Section 404
freshwater (non-coastal) wetland areas for the purposes of an access road to uplands located
on the south end of the parcel (after the fact). Ori finally a 0.25 acre roadwaypermitted
to access the south end of the property. The roadway exceeds the permitted 0 25 acre road
by 0.23 acres. The road has already been established and the applicant proposes to use the
remaining acreage available through the Nationwide #14 Fill Permit
11. Explain the purpose of the proposed work: The purpose of the proposed work is to rovide
access to uplands located at the south end of the propertx
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 USAGE 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 formal 404 Wetland Survey of the 247 acre tract was si ned b~
Raleigh Bland, USAGE on Sept 20 2002. A Nationwide #14 Fill Permit (Action ID
#200511835) was issued on August 26 2005 for 0.25 acres of fill for road crossing to access
uplands. An updated 404 Delineation of the tract with an additional area of uplands identified at
the southern end of the property was approved for the site on September 11 2007 USAGE
Action ID # 200702937 was assigned.
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.
The applicant anticipates subdividing the tract into individual lots and offering the lots for sale
The applicant does not propose any additional permit requests from the USAGE
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
Updated 11/1/2005
Page 8 of 14

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: Impacts include the filling_of an
additional 0.23 acres of non-riparian Section 404 Wetlands for purposes of accessing
ubands.
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 floodin>?.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
Adjacent to
1 Fill, Grading shrub/forested yes man made 0.23
ditches on

Total Wetland Impact (acres) 0.23
3. List the total acreage (estimated) of all existing wetlands on the property: 118 ac. within
review area.
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 acrea!?e_ multiply length X width_ then rlivirle by 4~ 5f~ N/A
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage)
Updated 11 / I /2005
Page 9 of 14

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~_ fl~edin~_ drainage_ hulkhearic_ etc N/A
Open Water Impact
Site Number

(indicate on map)
Name of Waterbody
(if applicable)
T e of Im act
yp P Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)

Total Open Water Impact (acres)
6. List t
Wetland Impact (acres): 0.23 ac.
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
ue cumuiauve impact to aii wafers or me u.~. resuttmg rrom the project
Stream Impact (acres):
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.
N/A
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
Updated 11/1/?005
Page 10 of 14

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The road access is necessar~to
access more than five acres of uplands located on the south end of the ,property adjacent to
Slades Creek. The road is already in place and was built with tractors and excavators
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.
Proposed mitigation includes payment into the NC EEP at a 2.1 mitigation to fill ratio (See
enclosed acceptance letter from EEP).
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
Updated 11/1/2005
Page 11 of 14

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:
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 Tar-Pamlico )? 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 multi>7liers. N/A- No work in Buffer 7.ones
Zone* Impact

(square feet)
Multiplier Required

Mitigation
1 3 (2 for Catawba)
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): 0.50 acres (2:1 miti ag tion
to fill ratio) A contribution to the EEP for 0.25 acres of wetlands fill has already been
made.
Amount of Coastal wetland mitigation requested (acres):
Updated 11/1/2005
Page 12 of 14

tone t extends out 3U teet perpendicula~• 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. No existing impervious coverage on site No
proposed impervious coverage.
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.
Site specific wastewater permits are bein sought for the Tract through the Hyde County Health
Department. Currently there are five valid wastewater permits for the 247 acre site
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:
Planned development of the site is limited to low density residential development with strict
restrictive covenants protectin;? existing wetlands and character of the land The intent of the
applicant is to subdivide the property into large State exempt lots (10 0 ac) for~urposes of low
density residential development. Each lot will be subject to wastewater approval and will re uire
the installation of a private water supply well
XV. Other Circumstances (Optional): N/A
Updated 11/1/2005
Page 13 of 14

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).
o„
t ~ : ~ ~ ~
ApplicantyAgen~'s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 14 of 14

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Name: PAMLICO BEACH Location: 035.4835134° N 076.5312737° W NAD 83
Date: 11/16/2007 Caption: 247 ACRE BERGER TRACT
Scale: 1 inch equals 2000 feet SLADESVILLE, HYDE CO.
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PROGRAM
September 26, 2007
Jeff Berger
2405 Spindrift Road
Virginia Beach, VA 23451
Project: Berger Tract County: HYDE
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) 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 NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 444 Perm;.t/401 Cert~cation/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 permit(s) 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 the impacts that may require compensatory mitigation are summarized in the
followin table.
TAR-PAMLICO
03020104 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer Ii
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 0 0 0.23 0 0 0
Credits 0 0 0 0 0.46 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. 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 Kelly Williams at [phone].
Sincerely,
.~
liam .Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tom Steffens, USAGE-Washington
Kyle Barnes, NCDWQ- Washington
Warren Eadus, agent
File
R~P.StDYl.YL~... ~ ~ .. PYDt2C~'LK~ OGt.!'' .ft~
I~CDET+IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9-71 5.0476 / www.nceep.net

-~F~o stem
~,~~
PROGRpJ,A
.RECEIPT
1eYIfey Berger
4316 Blackbeard Road
Virginia Beach, VA 23455
Project: Blades Creek, Lots 4, 5, 6 County; Hyde
September ZI, 2005
DWQ #: N/A
COE #: 7 005 1 1 5 35

The North Carolina Ecosystem Erthancemem Program (NC EEP) has reeeivefl a check in the amount of 56.561.50, cbeclc
number 107, as payment for the compensatory mitigation requirements of the 401 Watex Quality Cet2i~catlonlSecti.on a0a
Permit issued for the above.referencedpreject. This receipt serves as notification that the compensatory mitigation
requirements for this project have been saaisfled. You mast also comply with all other conditions of this certification and an.y
other state, federal or local government permits or authorization associated with this aetivity_
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP fs responsible for the compensatory mitigation
requirements associated with the project permit and aETees to provide the compensatory mitigation as speeificfl in the pel~it_
The mitigation wi116e performed in accordance with the Memorandum of Understanding between the NC Deparrmcnt of
Environment and Natural Resources and the US Army Cotps of Engineers dated November 4, 1998, as indieaied in the [able
below.
,Rives Basin 1 Wetlands
Cataloging I (Acres)
Unit
Marian Non-K1 avian Coastal Marsh
0 o.so 0
Stream l3ul'fer. Buffer
(Linear Feet) Zone l Zone 2
(Sq. Ft_) CSq.17t.)
Cold Coe] Wes,.,,,
Please note that a payment made to the )3cosystem Enhancement Program ie not reizabursable unless a request for
reimbursement is received wikhin 12 months of the date of the receipt. Any such request must also be accompanied by letters
fronn the permitting ager-cies stating that the permit and/or authorization have been rescinded.
If you have any questions ox need additional information, please contact Carol Shaw at [phone].
Sincerely,
~ . ~~/
i am D. Crilmore, PE ,,~t/
cc: C.ynQx zs.axoly, Weuaaads/401 Uatit Director jf
bong l~uggett, Aivi.sio~n. of Coast~.l. Management
Tracey Wheeler. USACOE - Washington
Kyle Barnes. DWQ Regional Office -Washington
. File
~esta~rs~... ~ ec;t,~ Ou,~ ftat~
... Prot
.
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 1 91 9-71 5-0476 / www.nceap.net
Received 03-29-2006 05:22pm From-7574813820 To-QUIBLE&ASSOCIATES Page 004

~V~a.r.I;'. ~VUb 5.lll'~~I COASTAL SUP,GiCAL SPECIF,LISTS No. 0746
U.S. A~1'VI~ COBS OF-~N~II'~TE~RS_.. ...._._ ..._...__..._ ._
WILMINGTON DISTRICT
A,ctAan ]b. 200511535 County: Hvdc
USES Quad: pambico Heac6
GEIVTI2AL PENT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Jeff Berner
Address: 431.6 Blaekbeard Road
~lir~inia ]ge9ch, Virginia 23dS
P, 2
Telepbone No.: 757-2865756
Sim and location of properly (water body, road nattac/nu~bcr, tow.r~, etc.): Property contains apnrosimatcly 24? acres
A~rs~tted off of NCSR 1149 ~diacent to Neal reek. Wood Creek and .ladpa (~rpnlr annthwoat of Cnrantnn u a
County, N rth Carolina. The uroiect area for this permit is iust the road crossing consisting of 0 2S~acre of
wetland ~muaet.
Description of projects arcs and activity: Construct driYeway to access uplands adiaccnt to Slades Creek, Driveway
crossing wriill impact 0 25 acre_c of non-1'Gjt ciao ~PnrCnn dAd vratlonrle
Applicable Law: ® Section 404 (Clean Water Act, 33 USC ]34d)
^ Section 10 (Rivers and Plarbors Act, 33 U5C 403)
Autborization~ Regional General Permit Number:
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attaeJxed
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans rczay subject the
permittee to a atop work order, a restoration order and/or appropriate legal action.
This veriftcatio» is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be zuodif~ed,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of eJaaziges to the 1VWPa_ We will iQSUe a
public notice when the NWPs are reissued. Furthermore, if you commence or are under comtract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) nnoz~.ths from she date of the modi£cation or
r®vooation of the NWP to complete the activity under the present terms and conditiots of rhos patio»wide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued aatd/or .modified, this verification will remain valid
u»til the expiration date identified below, provided it complies with all new amd/ar Anodi,fied test»Q and conditions. The District
lsngineer may, at any time, exercise his discretionary authority to modify, Ruspe»d, or revoke a case specific activity's authorization
under any NWl?.
Activities subject to Section 404 (as indicated above) array also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733_1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal coun,.ties subject to regularion under the Coastal Ares Management Act (LAMA),
prior to beginning work you must coataM the N.C. D,ivisao», of'Coastal Management i.a Washington, NC, at [phone].
This Departme~at of. the Atxny verii'icarion does not relieve the permittee of the responsibility to obtain any other required kederal,
State or local approvals/perna.itu.
If there are any cluestio»,fi .regarding thiQ verification, any of the conditions of the Permit, oT tlae Corps of FngjneeTS regulatory
program, please contact William Wescott at 252-975-1616 extension 25.
~~J ~ p
Cotps Regulatory Official .IX.Y~~K 1 ~ w'S' Datc: 08/2.6/2005
Expiration Date of Verification. 03/18/2007
page 1 of. 8
Received 03-29-2006 05:22pm From-7574813820 To-QUIBLErZASSOCiATES Page 002

iv~a,r, /_7. ~uuo 7:L~rP!' GUFl5IAL SURGICAL SPECi_AI ISTS No, 0746 P. 3
Determination of Jurisdiction:
^ Sased on. preliminary information, ther® appear to be waters of tb.e US including wetlands within floe above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal! Pxocess
( Reference 33 CFR Part 331).
^ There are Navigable Waters oPthe Unfted States within the above described project area subject to the permit requfremem~s of
Section 10 of the Rivers and ~Tarbors ,Act and Section 404 of tiie Clean Water A,ct. Unless there is a change in the law or our
published rc~ulatiozts, finis determinativn zuay be relied upon for a yeziod not to exceed 5ve years tom the date of this
notification.
Thew are waters of the US andlor wetlands within the above described project area subject to the permit requirements of S®ction
404 afthe CIean Water Act (CVJA)(33 USC § 1344). UnIes® there is a change in the Iaw or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
^ The jurisdictional areas within the above descn~ed project area have been identified under a previous action. Please refereaoe
jurisdictional determination issued . Action ID
H~ of Jurisdictional Determination.;
Corps Regulatory Official:
Date OS
Copy Furnished:
NC Division of Water Quality
NC Ecosystcne Enhanccsncnt Pmgratn
Armstrong„ Xnc.
Page 2 of S
r~.5
Received 03-29-2006 05:22pm From-7574813820 To-QUIBLE&ASSOCIATES Page 003