20052066 Ver 5_401 Application_20080111

January 9, 2008
ENVIRONMENTAL
PROFESSIONALS
INC.
05 - ~V~v2.
PLANNING FOR Cyndl KaTOIy
ABETTER DWQ 401 Wetlands Unit
ENVIRONMENT
2321 Crabtree Blvd, Suite 250
Raleigh, NC 2760
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DENS. STOR~WATERBP.AP+G1i
`~T~YDS AND
Re: NCDWQ Project Number OS-2066 Corolla Bay, Phases 1-3,
Revised Individual Wetland Fill Permit Application
Dear Ms. Karoly,
Please find attached six copies of the revised Individual Wetland Permit Application for
the Corolla Bay project as submitted to Mr. Tom Steffens of the US Army Corps
Washington Regulatory Field Office. This application has been revised based upon
revisions to the development plans by the applicant and project engineer based upon
previous discussions with state and federal agencies and resulting avoidance and
minimization efforts by the applicant.
Application format:
Since this project has had a complex prior permit history, Kyle Barnes requested that we
send six copies of the US Army Corps Application to NCDWQ 401 Wetlands Unit
Central Office for processing and one copy to him at the Washington Regulatory Office.
This places the total number of copies of the application submitted to NCDWQ at seven
(~)•
Mr. Barnes also requested that the Army Corps application form be processed submitted
and processed by NCDWQ at this point (rather than the Pre-Construction Notification
form) in order to avoid confusion in processing and so that all state and federal agencies
are reviewing an identical, consistent application and can easily confer and reference the
impact requests in a consistent manner. If a PCN is required prior to final issuance of a
401 certification, the applicant and consultant will provide you with a completed PCN at
that time so that the final proposed and permitted impacts can be accurately depicted
and described in the PCN format.
P.O. BOX 3368 • KILL DEVIL NILLS, NORTH CAROLINA 27948-3368 • 252-441-4239
FAX: [phone] EMAIL: environmentalpro~+3earthlink.net

Application fee:
We believe (but are not sure) that an application fee may have been submitted to
NCDWQ with previous Individual permit request. We believe that the application was
either not processed or placed on hold due to a pending violation that on the site at
roughly the same time. Please review your files and inform us as to what application fee
may be required by the applicant at this point, either a new fee or additional amount to
cover the new application fee increase. Environmental Professionals, Inc. will forward a
check for the appropriate application fee at that time.
US Army Corps Public Notice:
On January 8, 2008 Mr. Tom Steffens stated that he is processing and preparing the
application for Public Notice. As of this date Environmental Professionals. Inc has not
received a copy of the Public Notice but our firm will forward a copy of the public notice
to your office immediately upon receipt from the US Army Corps of Engineers.
The project is being processed by the US Army Corps under Action ID number
ORM # :SAW-2007-03847-127.
NCEEP In Lieu Fee Mitigation
The applicant has received an acceptance letter from the NCEEP (dated January 3~a,
2008) stating that will have available mitigation credits for the project. The acceptance
letter from NCEEP is attached for the mitigation of the impacts. The mitigation will be
invoiced after the issuance of the Individual permit and 401 Certification has finalized the
acreage of impacts.
Please do not hesitate to call if you have any questions, comments or requests for
additional information.
Sincerely,
~ ~ ,~
~ ,
/ /~ ~
. ~/
Kendall Turnage ~ ~,
Environmental Professionals, Inc.
[e-mail]

Y
~E~cos~stem
,~,
PROGRAM
January 3, 2008
Eric Avery
Corolla Bay LLC
821 Ocean Trail, Suite 4
Corolla, NC 27927
Project: Corolla Bay Second request
Expiration of Acceptance: July 3, 2008
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 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 4041'ernuit/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 permit(s) an invoice
will be issued based on the required mitigation in that permit and payment musE be made prior to conducting the authorized
work. The amount of the In Lieu Fee [o 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.
PASQUOTANK
03010205 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 0.068 2.877 0 0 0
Credits 0 0 0 0.136 5.754 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 [o 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,
~ Q
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/40l Unit
Tom Steffens, USACE-Washington
Kyle Barnes, NCDWQ- Washington
Kendall Turnage, agent
File
R;~,sto~r,~t~... ~ ... Pvotecti,~c~ Our Stag
~~~
J~CDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-033
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters Service Directorate of information Operations and Reports, 1215 Jefferson Davis Highway,
Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project
(0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed
applications must be submitted to the district engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT `
Authority: 33 USC 401, Section 10; 1413, Section 404. Principle Purpose: These laws require permits authorizing
activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of
the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine
Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure
of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a pemvt be issued. One set of original drawings or good reproducible copies which show the
location and character of the proposed activity must be attached to this application (see sample drawings and
instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An
application that is not completed in full will be returned.
(ITEMS 1 THR U 4 TO BE FILLED BY THE CORPS)
I. APPLICATION NO. 2. FIELD OFFICE CODE
3. DATE RECENED 4. DATE APPLICATION COMPLETED
(ITEMS BELOW TO BE FILLED BYAPPLICANT)
5. APPLICANT'S NAME
Corolla Bay, LLC
Attn: Mr. Eric Avery
6. APPLICANT'S ADDRESS
821 Ocean Trail -Suite 4 Corolla, NC 27927
7. APPLICANT'S PHONE NOS. W/ AREA CODE
252 - 453-3600 D ~,~`""' ~ 1?~,,~~~ l
8. AUTHORIZED AGENT'S NAME AND TITLE L`-i \~"'° 1 jfj
(an agent is not required) J/~ ~ i ~ E (~~fF~
George H. Wood, Environmental Professionals, Inc.
DENi~ .tt~lA(.i7 i
9. AGENT'S ADDRESS ~ANDSAh~ !~-~~W,rA?Ek{3~,1rC;y
PO Box 3368 Kill Devil Hills, NC 27948
10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence - - b. Business 22/441-0239
11. STATEMENT OF AUTHORIZATION
I hereby authorize, Environmental Professionals Inc, to actin my behalf as my agent in the processing of
this application and to furnish, u on request, supplemental information in support of this permit
application. `
~~la~lo
APPLICANT'S SIGNATURE DATE

NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions) Corolla Bay
13. NAME OF WATERBODY, IF KNOWN (if applicable) Currituck Sound
14. PROJECT STREET ADDRESS (if applicable) North Carolina Highway 12
(Property not assigned a single address or street number)
15. LOCATION OF PROJECT
West side of NC Highway 12; 1.45 miles south of Currituck Lighthouse, Corolla, NC
Please see attached location map attached.
COUNTY, STATE Currituck County, North Carolina
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions).
Lat. N 36d 21.316' Long. W 75d 49.629' Subdivision is located on the eastern shore of Currituck
Sound, Currituck County, NC.
17. DIRECTIONS TO THE SITE:
Traveling on NC Hwy. 12, Site is on the west side of the highway:
1.45 miles south of the Currituck Lighthouse.
18. NATURE OF ACTIVITY (Description of project, include all features):
Please see site plans by Coastal Engineering and Surveying attached for impacts, location,
size, configuration and proposed features and resulting use.
Earthen fill of 1.322 acres of 404 Jurisdictional wetlands,
Earthen Fill of 1.227 acres Isolated wetlands
Excavation of 0.354 acres of Isolated wetlands for proposed stormwater management basins
Earthen fill of 0.042 acres of Section 10 waters for Bulkhead Backfill
(2 ft average and 5 ft maximum alignment waterward' of NWL)
Construction of Bulkhead for Shoreline Stabilization
Temporary disturbance of 404 wetlands for stormwater pipe installation
Construction of two community access piers.
19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions):
Section 1 -Residential development
Section 2 -Residential development
Section 3 -Mixed use-Commercial development sites (Pharmacy, retail), condominiums
and patio homes recreational area and stormwater infiltration areas.
To prevent multiple requests for Nationwide Permits from the individual property owners, the
developer/applicant is combining all anticipated or expected fill requests for the site into one application
prior deeding of the individual lots to future purchasers. This will allow for all proposed wetland fill
activities to be covered by one permit, one plan and resulting mitigation requirements.
Property was originally approved fora 2241ot subdivision as a former phase of Monteray Shores.
The applicant, Corolla Bay LLC purchased the property from the former owner and proceeded to conform
the proposed development scenario to current zoning and development standards as required by Currituck
County. In attempt in applying for US Army Corps, CAMA, NCDWQ and other permits to develop the
property, ooniusioxi resulted from multiple owner designations and development drawings.

The applicant and engineer have displayed on this plat the extents of the conceivable potential build out of
the property.
The current proposal is for 72 single family lots in sections 1 and 2. Section 3 is proposed for mixed use
(commercial parcels, 57 patio homes, 4 condominium buildings, recreational sites and commercial
properties) with roadways, driveways anti parking.
In 2006 a US army Corps Nationwide #14 application was applied for and received for a road crossing that
impacted 404 wetlands in Section 1 of the project.
Section 1 lots 1, 8-36 of the development were recorded in the Register of Deeds office in Currituck"
County (Section 1, Lots 2-7 have not been recorded as of this date). As further application requests were
submitted for completing sectionl wetland impacts and additional impacts associated with Section 2,
complexity of the fill requests prompted the US Army Corps request for an Individual Permit application
for the impacts.
This Individual permit application requests fill 1.322 acres of Section 404 wetlands and 1.227
acres Isolated wetlands, excavate 0.354 acres of Isolated wetlands for the proposed stormwater
management basins. As a part of the shoreline stabilization in the southwest corner of the property, 0.042
acres of section 10 waters will be filled for bulkhead backfill along an erosion escarpment. The bulkhead
alignment will average of 2 feet waterward of the NWL and will extend a maximum of 5 feet waterward of
the NWL. Temporary disturbance of 5046 SF of wetlands will occur for placement of a stormwater pipe to
control stormwater.
Section 1
A Nationwide #14 permit (Action ID 20061338) was issued for roadway impacts in Section 1.
Section 1 is comprised of single family residential lots and right of way.
Section 1, Lots 1, and Lots 8-36 have been platted and recorded and no wetland fill is proposed on these
lots in this application.
Section 1 lots 2-7 were not platted and recorded due to potential wetland impacts and the fill is being
requested on those lots in this application for residential development purpose of fill in this section is for
residential development and right of way construction.
Section 2
The proposed fill in Sections 2 (west of H:wy 12) will be for residential lot improvements and right of way/
utility improvements.
2730 SF, 2033 SF and 283 SF of temporary disturbance will occur in wetlands in order to install a
stormwater pipe below the wetland substrate. Disturbed areas will be graded back to original grade and
revegetated.
Section 3
Isolated wetlands fill for development of a mixed use site. Residential and commercial properties will be
available within the site and the proposed fill will allow for development of these properties. Stormwater
management ponds area also proposed by the engineer and will excavate 0.354 acres of the wetlands that
are located within the limits of the proposed infiltration basins.

SE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE
To prevent multiple requests for Nationvride permits from the Individual Property owners ,the
developer/applicant is combining all expected fill requests on the site into one application prior deeding of
the individual lots to future purchasers.
Fill and excavation and/or disturbance in section 404 and 401 wetland areas will provide highground area
for home construction, right ofway/utility construction and to establish stormwater infiltration areas and
basins. Section 10 fill is for bulkhead backfill only to stabilize shoreline along an erosion escarpment.
Existing wetlands in some of the proposed lots prevent the construction of the typical home configuration
as projected by the developer.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE 1N
CUBIC YARDS.
PROPOSED 404 JURISDICTIONAL'WETLAND FILL
Section 1 and 2 of property (west side of NC Hwy 12)
Fill label Area in sg. ft. Approx. Cubic yards
of earthen fill
A 754 84
B 5 791 643
C 2,728 303
D 1,129 125
E 20,866 2318
F 2,532 281
G-1 2 861 317
G-2 5,820 647
I 1,819 202
J 2 081 231
K 254 28
L-1 3,378 375
L-2 7,205 800
M 367 41
TOTAL 57,585 SF 6,395 CY
(1.322 acres)

PROPOSED ISOLATED WETLAND FILL
Section 3 of property (east side of NC ]Eiwy 12)
Fill Label Area in sg. ft. Approx. cubic yards of
earthen fill
1 6,946 771
2 2,788 309
3 8,674 963
4 699 78
5 1,267 141
6 610 68
7 5,661 629
8 17,266 1918
9 8,578 953
10 959 107
TOTAL 53 448 s . ft. 5,937 CY
1.581 acres
PROPOSED EXCAVATION IN ISOLATED WETLANDS
FOR STORMWATER BASINS
3 15,185 1687 CY excavation
5 236 26 CY excavation
TOTAL 15,421 s . ft. 1,713 CY excavation
(0.355 acres)
PROPOSED SECTION 10 WATERS FILL (Bulkhead Backtill for Shoreline Stabilization)
TOTAL 1,854 SF 20.6 CY below NWL
of earthen fill
TEMPORARY DISTURBANCE FOR STORMWATER PIPING
2730 SF
2,033 SF
283 SF
TOTAL 5,046 SF
22. SURFACE AREA 1N ACRES OF WETLANDS OR OTHER WATERS TO BE FILLED
1.322 acres of 404 Jurisdictional wetlands
1.581 acres of Isolated wetlands
Excavate 0.355 acres of Isolated wetlands for Stormwater Basins
0.043 acres of Section 10 waters for Bulkhead Backfill for Shoreline Stabilization

23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES X NO _ IF YES,
DESCRIBE THE COMPLETED WORK.
Roadway fill that was approved by Nationwide #14, Action ID # 200610338 has been completed.
In Section 1, roadway and utilities have been installed. Re-vegetation of disturbed areas is underway.
A model home has been constructed on I,ot 29 in Section 1.
Previously filled wetlands are shown on t:he plat.
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY
ADJOINS THE WATERBODY (If more than can be entered here, please attach a supplemental list).
Please see attached list
25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER
FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION.
SECTIONS 1 AND 2 (West side of NC Hwy 12)
Current valid Wetland Delineations:
USAGE #SAW 2007-03848
(Supersedes all previous delineations for sections 1 and 2)
Permits/other
USAGE Nationwide permit #14; Action ID 200610338 (December 28, 2005)
USAGE Action ID 2006-32359-127 Individual permit application
(Not accepted as complete due to avoidance and minimization request)
NCDWQ Permit # WQ0023872 (August 3, 2004)
Wastewater treatment construction permit
NCDLR #Curri-2005-014 (3-28-2005)
NCDOT Encroachment Contract (June 8, 2005)
NCDOT Driveway permit and encroachment agreement #1960 (June 10, 2005)
NCDWQ Stormwater permit #SW7050220 (June 27 2005)
NCDWQ Wastewater Collection Permit # WQ0024091 (July 1, 2005)
LAMA General Permit #42132 (August 18, 2005) for bulkhead (not constructed)
NCEEP Mitigation credit acceptance letter (January 19, 2006 and December 13, 2007)
NCDWQ Project number # OS-2066, Letter Versions 1, 2, 3, and 4
SECTION 3 (east side of NC Hwy. 12)
Current valid wetland delineation
Isolated Wetlands Delineation -
(Flagged by Quible and Associates, approved by Kyle Barnes, NCDWQ)
Permits/other
NCDWQ Wastewater #WQ0023872 (August 3, 2004)
NCDWQ Wastewater #WQ0024091 (July 1, 2005)
NCDWQ Project #OS-2066, Letter Versions 1, 2, 3 and 4
AGENCY TYPE APPROVAL* INDENT'IFICATION NUMBER DATE APPLIED DATE APPROVED
DATE DENIED

26. Application is hereby made for a permit or permits to authorize the work described in this application. I
hereby certify that the information in this application is complete and accurate. I further certify that I
possess the authority to undertake the work described herein or am acting as the duly authorized agent of
the appl~~~
~~_ ~~~n~
SIGNATURE OF APP NT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or
it may be signed by a duly authorized agf;nt if the statement in block 11 has been filled out and signed. 18
U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or
agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or
disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes
or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements
or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.

ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY
ADJOINS THE WATERBODY
North Parcels South Parcels
Pin # 9936-34-4643 Pin # 9936-51-0129
Corolla Light PUD / Norman T. Bibeau
Corolla Light Community Association 494 Eugene Way
P.O. Box 490 Wyccoffuck, NJ 7484
Corolla, NC 27927
Pin # 9936-44-0267 Pin # 9946-51-0238
Bruce E. Jesse Mark D. Wells
8803 Theresa Ann Ct. 2224 Sedgewick Rd
Alexandria, VA 22308 Durham, NC 27713
Pin # 9936-44-1282 Pin # 9936-51-0364
Bruce E. Jesse Henry L Mollenhaues
8803 Theresa Ann Ct. 29 Abingdon Ct
Alexandria, VA 22308 Abingdon Villas,
London, England
Pin # 9936-44-2361
Ralph Robibaro Pin# 9936-51-1347
224 Pheasant Hollow drive Lucke Island Associates
Lanoka Harbor, NJ 8734 C/O Philip Cooke
317 Warren Ct.
Pin # 9936-44-3773 Chapel Hill, NC 27516
Outer Banks Ventures, Inc.
C/O R.A. Brindley Pin # 9936-51-2420
215 Brooke Ave. Michael G. Miller
Unit 1001 2021 Hammond Ct.
Norfolk, VA 23510 Hayes, VA 23072
Pin # 9936-51-3349
Alexander Ash
9431 Overwood Rd.
Dallas, TX 75238

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CURRITUCK COUNTY, NORTH CAROLINA - SHEET NUMBER 17

"COROLLA BAY"
AVOIDANCE AND MINIMIZATION DOCUMENT
COROLLA BAY, LLC
General History
Currently, a group of LLC's, hold title to the Corolla Bay property on both the east
and west sides of NC 12, creating 4 separate parcels totaling approximately 57.4
acres. Please see title information below.
The original development proposal was known as Monteray Shores. Over the
1990's, portions were sold to different developers. The Monteray Shores
Planned Unit Development (PUD) was approved in 1987 at a density of 3
units/acre or 608 lots and the development configuration has been adjusted over
time to address environmental issues.
This document contains an overview of site ownership and an outline of the
avoidance and minimization measures incorporated over time.
4 parcels, 4 LLC's - As of 10/4/06 on Currituck County website:

Lot# Name pin # /Parcel acres
4] Corolla Commer- 9936 53 0706 10.00 ac
cial, LLC 0115-000-3XD-0000
3] Corolla Ocean- 9936 52 1845 12.85 ac
Side, LLC 0115-000-3XC-0000
2] Corolla Sound- 9936 41 8865 14.35 ac
Side, LLC (ph.ll) 0115-000-3XB-0000
1 ] Corolla Bay, 9936 42 2717 20.21 ac
LLC (gh I) 0115-000-3XA-0000
Total tax card listed acreage 57.41ac

Generalized Avoidance and Minimization timeline
1989 - (avoidance) The initial location of Hwy 12 was decided upon
through input from previous landowners and Bissell Engineering. The
road aligned on highground in an effort to avoid wetland impacts. A
yield plan of 608 lots was planned by the Monteray Shores dsigners
for the parcel(s).
1999 - (minimization) Monteray Shores density approval given by
Currituck County reduced the number of lots to 598 lots form
previously-approved 608 lots. **Survey plats showed no wetlands on
the east side of Hwy 12 at that time. Wetland areas were not
considered severely limiting at that time in the development
considerations by the county.
March 2002 -Benchmark Surveying depiction of onsite wetlands on
West side of NC Hwy 12. The wetland alignment was flagged by an
unknown consultant and the jurisdictional determination signed by Tom
Walker on 3/21/02; plat dated 2/27/02.
All wetlands on East side of hwy 12 were deemed "Isolated" by an
Army Corps (tear sheet). Questions remained as to whether the
isolated wetland designation applied to the non-surface water
connected wetlands on the west side of the road due to the non-
specificity of the tear sheet(s).
2002 - (minimization) The development was approved by Currituck
County for 224 homes.
May 2003 -Plans were reconfigured with avoidance and minimization
applied to a layout of 140 proposed lots.
August 2003 - (avoidance) Applicant received Planning Board
approval for 36 homesites in Phase I and 7.32 acres commercial. A
Master subdivision sketch plan was approved by Currituck County for
an even further-reduced 121 homesites on the west side. This
rendering has incorporated adjusted lot lines to work around the
Benchmark delineation and the non-jurisdictional or isolated wetlands
previously determined on the east side. Minimization was also
incorporated, as impacts were further minimized by providing two of
the three open space areas on this plan which contained large wetland
areas.

August 2003 - (minimization) Isolated wetlands on East side of Hwy
12 were flagged. Apparently the line was not surveyed as development
was not immediately planned for the area. Development efforts were
being concentrated on the west side of Hwy 12.
2004 - (minimization) Erosion and Sediment and Stormwater control
plans were drafted, and submitted for approval for roads and
infrastructure. Minimization efforts were incorporated into these plans
as notes, required by the Land Quality Section of DWQ (15A NCAC Ch
4) and NCDWQ stormwater comments.
Feb. 2005 - (avoidance) Applicant applied for a Stormwater
Management Permit from NC DWQ with 115 lot scenario (reduced
from 121 lots). Stormwater permit (SW# 7050220) issued June
27,2006.
August 2005- (minimization) The soundfront wetland alignment was
reflagged to more accurately define soundfront wetlands. Plat signed
by signed by William Wescott on 8/22/05 to clarify only those wetland
areas that were reflagged. Corps representative and consultant noted
that other wetland lines were in need of revisions prior to a permit
application.
December, 2005
Further clarification/reflagging of wetland alignment by the consultant.
The Jurisdictional determination was updated on plat signed by Tom
Steffens 12/28/05. (superseded JD # 2005 11 822 signed by William
Wescott on 8/22/05) Survey of wetlands sent in with NW 14 application
on 7/5/06.
December 28. 2005 -Nationwide permit #14 (Action ID #2006 10 338)
was approved for 0.1268 acres of fill for Cruz Bay Lane. A wetland
delineation update was received with permit.
April- May 2006
All remaining (non updated) wetlands on the west side of why 12 were
reflagged by Environmental Professionals, Inc.
Tom Steffens of the US Army Corps reviewed and approved alignment
in the field on 5/03/2007. Plats and data sheets were mailed to Army
Corps on 7/15/2007.

Between August 2005 and January 2006 - (minimization &
avoidance) The Wetland alignment represented on the soundfront and
north end of Phase I was corrected and adjusted per applicants
request. A redesign resulted in a further avoidance and minimization
minimization through realignment of lots and roadway shift to the east
which resulted in a better open space arrangement and a reduction on
the number of lots down to 76 lots. (further reduction from the
previously proposed 115 homesites in 2005). Designation of open
space was necessary for county zoning.
May 2006 - (minimization) Many lots were re-arranged for a proposed
DWQ submission. Efforts were focused on revisions in Section II to
realign lots, change building envelopes, and change lot accesses,
while simultaneously meeting minimum road standards and Currituck
County zoning requirements. (These efforts constitute minimization
through lot reconfiguration under new P.U. D. requirements).
August 2006-Initial Individual Permit Application
Individual permit application submitted was by applicant (for west side
only) for 2.98 acres of 404 wetland impacts, no Isolated wetland
impacts were requested at this time.
April 2007 (minimization) An "after the fact"' Isolated Wetlands permit
was granted for fill on Lot 4. It was placed under elevation
requirements for the plant as required in the WWTP permit for the
subject site development (DWQ ND Permit # WQ0023872 expires
7/31 /09).
A "commitment of capacity" has been agreed to by the permit holder of
the Monteray Shores WWTP for this development. A collection system
and lift station installation will be required by above-referenced
capacity agreement.
April 2007 to December 2007
Applicant and engineer continued to work in conjunction with Currituck
County on a site layout that meets Currituck County zoning
requirements and continued to meet requests by the state and federal
agencies to project avoidance and minimization into the layout, the
potential build out of the entire properties was to shown on the entire
plans prior to further applications.
An interagency meeting on August 14, 2007 resulted in further
modifications of the plan and the applicant removing the request to fill
wetlands adjacent to the Currituck sound, except for Fill Area "A" 754
SF and Fill Area "M" 367 SF, behind the proposed bulkhead and nearly

,~
all of the riparian/adjacent wetland fill requested in Section 1,
(excepting two small areas totaling 1,121 sq. ft.). Further minimization
was designed by the project engineer and which resulted in a decrease
of approximately 0.88 acres of wetland from the request from the
previous plans.
CURRENT PROPOSAL
404 Jurisdictional Wetland Impacts:
The avoidance and minimization efforts by the applicant and project
engineer to meet requests by state and federal agencies has reduced
impacts to 404 wetlands on the west side of hwy 12 from an original
request of 2.98 acres down to 1.322 acres.
Nearly all of the wetland fill adjacent to the Currituck Sound has been
removed except for Fill Area "A" (754 SF) and Fill Area "M" (367 SF)
behind the proposed bulkhead.
Section 10 waters Impacts
Limited to 1854 SF of fill along bulkhead alignment (2 ft average and 5
ft maximum waterward of NWL) to end erosion and sloughing of bank
along an erosion escarpment. Areas of submerged aquatic vegetation
were avoided by the proposed alignment.
Two community access piers are proposed, but no motorized boat
access will be allowed or afforded by these piers as water depths are
too shallow for access of vessel to the piers.
Isolated impacts:
Proposed Isolated Wetland Impacts shown are derived from a
projected build out of section 3. This projection of the Isolated wetland
Impacts was requested by the NC Division of Water Quality during
initial individual permit application submittal from August 2006.

.,
MITIGATION PROPOSAL
The applicant has submitted an In Lieu Fee Request form to the North
Carolina Ecosystem Enhancement Program for the following impacts
for the proposed development impacts:
Non-Riparian Impacts: 2.877 acres
• 404 Jurisdictional Fill areas B to L (56,464 SF)
• All Isolated Impacts --Fill and Excavation (68,869 SF)
Riparian Impacts: 0.068 acres
• 404 wetland Fill areas A and M, totaling 1121 SF
• Bulkhead Backfill of 1854 sq. ft. of Section 10 waters fora 2 ft
average and 5 ft maximum alignment waterward of the NWL
PREVIOUS IMPACTS:
0.1268 acres of 404 Wetlands filled under a Nationwide#14 permit
0.41 acres of Isolated Wetland fill
(NCDWQ Project Number 05-2066, Letter version 4)

,; ,Ecos,~stem
PR06RAM
January 3, 2008
Eric Avery
Corolla Bay LLC
821 Ocean Trail, Suite 4
Corolla, NC 27927
Project: Corolla $ay Second request
Expiration of Acceptance: July 3, 2008
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 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 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies i5f the permits [o 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 summarised in the
following table.
PASQUOTANK
03010205 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 0.068 2.877 0 0 0
Credits 0 0 0 0.136 5.754 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 Keily Williams at [phone].
Sincerely,
i
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, NCDWQ- Washington
Kendall Turnage, agent
File
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I~CDE~IR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476lwww.nceep.net