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HomeMy WebLinkAbout20070170 Ver 1_401 Application_2007010720070170 mar e & ASSOCIATES, LTD. January 26, 2007 NCDENR -Division of Water Quality 401 Wetlands Unit 2321 Crabtree Blvd Raleigh, NC 27604 ATTN: Cynthia Karoly RE: Laurel Woods -Section C, Dear Ms. Karoly: It has come to my attention we are missing the 401 Certification for the above referenced project. In talking with Chris Pullinger of the Washington Regional Office, he advised me that one was never issued due to DWQ not receiving the PCN sent to the Corp. With that knowledge, I am now requesting a 401 Certification to be issued and am providing five (5) copies each of the PCN along with the Development Narrative; approval letters from Ecosystem Enhancement Program; State permits for stormwater, erosion and sedimentation control, and waterline; the approved wetlands plat signed by the Corp of Engineers; and the approved Nationwide 14 permit. I apologize that this was overlooked and not taken care of earlier. The Ecosystem Enhancement Program is ready to issue the invoice for the owner to pay for the mitigation; however they are in need of this Certification. Please let me know if you need any additional information and I will have it sent to you overnight. Thank you for your assistance. Sincerely, Ange a Malott Project Administrator Enc. cc: File 7294B / 122 l~ i~EN-~. - W~7EF~ QiJlei_iTY ~-'~Tld~lJ~ ~ STCK'~5~~~u'.~.~G 9R,4NGFI Engineering -- Surveying -- Land Planning P.O. Box 3989, 115 W Saint Clair St.. -Kill Devil Hills, NC 27948 Telephone: 252-441-2113 Fax: 252-441-0965 Office Use Only: Form Version March OS 20070 ~ 70 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ~^~ n II. Applicant Information ~ ~ !, ~f JNN ~ g 2007 1. Owner/Applicant Information Name: Charles and Marv Ellen Anus t~ _ `°;~a aRANCH Mailing Address: P.O. Box 113 Aydlett, NC 27916 Telephone Number: 252-453-2330 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Mr. John M. DeLucia P.E. Company Affiliation: Albemarle & Associates, Ltd. Mailing Address: P.O. Box 3989 Kill Devil Hills, NC 27948 Telephone Number: 252-441-2113 Fax Number: 252-441-0965 E-mail Address: iohndna,albal.us Updated 11/1/2005 Page 5 of 13 III. Project Information Attach a vicinity map cleaziy showing the location of the property with respect to local landmazks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is cleazly defined. For .administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the fiill-size plans. If full-size plans aze reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Laurel Woods Section C 2. T.LP. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0092-000-063F-0000 4. Location County: Currituck Neazest Town: Aydlett Subdivision name (include phase/lot number): Laurel Woods -Section C Directions to site (include road numbers/names, landmarks, etc.): Proceeding east on US 158, make a left onto Aydlett Road (SR 1137) and proceed approximately 3.04 miles. Wildflower Lane will be on the right. 5. Site coordinates (For lineaz projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.30809 °N 75.90447 °W 6. Property size (acres): 25.5 7. Name of neazest receiving body of water: Currituck Sound/Maple Swamp 8. River Basin: Pasquotank (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing Conditions: Wooded/Previously log~,ed General Land Use in the Vicinity: Residential u~a i virzoos Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used:Roadway construction will consist of E&S control, mechanized clearing~,nossible undercuttin~g1 grading, and placement ofpavement. Waterline installation will include one and 3 hydrants. 11. Explain the purpose of the proposed work: To install the required infrastructure for a subdivision with nine lots to be used for residential homes. IV. Prior Project History If jurisdictional. determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT groject, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules.USACE Action ID 200511340, NCDENR Erosion & Sedimentation Control Plan. Number Curri-2006-023 fAppmved with Modifications which USACE permit is paft o , NCDWQ Stormwater Permit No. SW7060215 DEI~ Waterline Serial No 0600976 V. Future Project Plans Are any future permit requests anticipated for this project? if so, describe the anticipated work, and provide justification far the exclusion of this work from the current application. No future permit requests are anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated. with the project. Each impact must be listed separately in the tables below (e.g., culvert installation. should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown. on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream. evaluation. and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impact occurs at isolated wetland, roadway crossing. Roadway alignment is an extension of existing roadway Updated 11/I2005 Page 7 of 13 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, se aratel list im acts due to both structure and floodin . * * Ma le Swam Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located v~nthm 100-year Floodplain es/no Distance to Neazest Stream (linear feet Area of Impact (acres) 1 Roadway Construction Forested Yes +/- 1000' * 0.27 Total Wetland Impact (acres) 0.27 3. List the total acreage (estimated) of all existing wetlands on the property:16.64 Acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stiream~bepact indicate on m Stream Name Type of Impact Perennial or Intermittent? Stream W dth Before Length inear feet Impact acres N/A Total Stream Impact (by length and acreage) 0.0 5. Individually list ali open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads. etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact ~ Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres N/A Total Open Water Impact (acres) 0.0 upaaced iiiirzoos Page 8 of 13 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0 Wetland Impact (acres): 0.27 O n Water Im act (acres): 0.0 Total Impact to Waters of the U.S. (acres) 0.27 Total Stream Impact (linear feet): 0.0 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: 0.0 Expected pond surface area: 0.0 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact. site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimised once the desired site plan. was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The site is narrow and already accessed by a right-of-way alone its .northern nronertv line. The extension of the_roadway to access lots must cross and impact a small isolated wetland pocket within the alignment. Realignment of the roadway to avoid this isolated wetland pocket was not possible. Silt fencing will be used, eroded areas will be immediately re-seeded,. exposed. side slopes will be provided with ground cover, driveways shall not. block or hinder the flow of stormwater, and all requirements of Cumtuck County's zoning ordinances shall be met. Updated 11/12005 Page 9 of 13 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 an bald 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 Cazolina, 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/lineaz 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. Mitigation will be made by payment into the NC EEP Acceptance letter is attached 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 (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they aze 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 website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Updated 11/1/2005 Page 10 of 13 Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): 1.2 Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federaUstate) 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown. on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ 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 )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I ~~ ImpaftQ*~ I Multiplier I R,equtfed 1 3 (2 for Catawba) 2 1.5 Total # Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Updated 11/1/2005 Page 11 of 13 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%, please provide calculations demonstrating total. proposed impervious Level. A low density SW hermit has been. issued. for this project. Stormwater Permit # SW7060215 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. All sites have been deemed suitable for septic systems XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Isthis anafter-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: All development will meet or exceed Currituek County Soil and Water Conservation Department requirements XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on u~a i vi2oos Page 12 of 13 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). Applicant/Agent's Signature 4 ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated I I/12005 Page 13 of 13 DEVELOPMENT 2 0 0 7 0 1 7 0 NARRATIVE for LAUREL WOODS, SECTION C The owner of this property intends to create a nine (9)-lot subdivision. The property is 25.5 acres with 16.4 acres of wetlands resulting in 9.1 acres of buildable area.. The built- upon area is limited to 30% per 15A NCAC 02H .1005 (3)(a) of the Administrative Code. There are 2,001 LF of asphalt roadway associated with the subdivision that the owner will construct. There is an existing RO.W. and gravel roadway for Wildflower Lane that connects the subdivision to Aydlett Road (NCSR 1137). This existing drive will be extended and paved. The wetlands to be filled for construction of the road are 0.27 acres in area and 218 cubic yards of fill will be required. The wetlands are isolated and in the approx'unate center of the high land area of the site. The roadway terminates at the beginning of the low land area of the site. \~~~~111~tt//~~` ~~ ~~. :-, ~. 029 31 .~ 1a-3C~-` D6 1Z, 87 FPO['°1-DENP EEP Charles Angus YU Box l 13 Aydlett, NC 2791b 9197152e1~1 i- S~~I~ try. ,.~„:.~,~a PROGRAM Cctohcr 24, 2006 T-~31 P021~2 U-897 Project: Laurel Wards Section C County: Curriittck The purpose of this letter is to notify you that tha North Carolina 13eosystcm Enhancement Program (.laic El~/P) is wilting to accept paymcnt for impacts associated with tha above refercaced project Please note that this deeisioa does not assure that the payment will fx approved by the permit issuing agencies as mitigation for project impacts, It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEI' will be approved. This acceptance is valid for six months from the date of this letter. Cf we have not received a copy of the issued 404 Permit/401 Certification within this time iritne, this acteptanee will expire. It is the applicant's responsibility to send copies of the 404/401iCAMA permits to NC EEP. Once NC )FEF receives a copy of the 404 Fermic and/or the .401 Cert~catioa an invoice will be issued and payment must be made. Based an the information supplied by you the impacts that may require compensatory mitigation arc summarized in the following tabla. River basin ~ Wetlands Stream ~ ~ Buffer Buffer ~ Cataloging (Acres) (Linear Foot ) ~ I Zont 1 I Zone 2 Cinit (Sq. Ft.) (Sq. Ft.) _ Tti arias Ton-13i arias Coastal Marsh Cold Cool Warm ~' Pasquatank ~ 0 0.1'~ i) 0 0 0 0 0 03010205 11pan receipt of paymcnt, EEP twill take responsibility for providing the compensatory mitigation for the permitted itnpaets up to a 2:1 mitigation-to-impact ratio, (buffers, Zane 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 4041 zrmit and/or 401 W"ater Quality Ceiti~icatien, and/or CAMA Permit. Tho mitigation will be performod in accordance with the Memorandum of CJnderstanding between :he N. C. ,r7opart:nent of Environment and Natural Resources and the U. S. Army Corps of irngineers dated November 4, 1994. 1f yon Nava any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, r,~'( ~,, Wr I3. Gilman, P)w Director cc: Cyndi [Carofy, WctlandsJ40i Unit Tom Steffens, USACE-Washington Kyle Barnes, DWQ-Washington Doug Iiuggctt, NCDCivI, Morehead City File ... l~~ot~ Ot~u' S North Carolina ecosystem pnhancarnent Program, 1652 Mai! 5®rvlce Center, Raleigh, NC 27699-1652 ! 979-715-04761 www.nceep.net r~ 20070170 PROGRAM 3anuary 25, 2007 Charles Angus PO Box 113 Aydlett, NC 27916 Project: Laurel Woods Section C County; Curri4~ek This letter replaces one dated October 24, 2006. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Flease note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. )(f we have not received a copy of the issued 4tT4 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of ttte 4fl4/401 rCAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation aze summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres} (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ni.) Ri arian Non-Ri 'an Coastal Marsh Cold Cool Warm Pasquotank 0 0.27 0 0 a 0 0 0 03010205 Upon receipt of payment, ESP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a Z:1 mitigafion-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in atx;ordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Cups of Engineers dated November 4, 1498. If you have any questions or need additional information, please contact Kelly Williams at {919) 716-1921. cc: Cyndi Karoiy, Wetlands1401 Unit Tom Steffens, USACE-Washington Kyle Barnes, DWQ- Washington Doug Huggett, NCDCM, Morehead City File _ ./ .. ~YDtL~ ~LLlr .r~Pi R North Carolina Ecosystem Enhancement Program, 11352 Mall Service Center, Raleigh, NC 27699-165,2 / 919-715-0476 / www.nceep.net F W ATF Michael F. Easley, Governor ~O 9Q Q G William G. Ross Jr., Secretary ` "r ~ r North Carolina Department of Environment and Natural Resources ~ ~ ~ ~ Alan W. Klimek, P.E. Director Division of Water Quality May 23, 2006 Mr. Charles Angus PO Box 113 20070 ~ 7~ Aydlett, NC 27916 Subject: Stormwater Permit No. SW7060215G-`~"~~ Laurel Woods Section C Low Density Subdivision Permit Currituck County Dear Mr. Angus: the Washington Regionai Oifica received a camplete Stcrmwa±er Managem?nt Permit Application for Laurel Woods Section C on May 17, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7060215 dated May 23, 2006 for the construction of the subject project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1508 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Amy Franklin or myself at {252) 946-6481. Sincerely, AI Hodge, Regional Supervisor Surface Water Protection Section Washington Regional Office cc: Currituck County Building Inspections Jared Madewell, PE, Albermarle & Associates Washington Regional Office Central Files North Cazolina Division of Water Quality Washington Regional Office Phone (292) 946-6481 FAX (292) 946-9215 Customer Service Internet ncwateraualitv.oro 943 Washington Squaze Mall, Washington, NC 27889 1-877-623-6748 ~Ane Carotin 1v~tura!!y An Equal OpportunitylAffirmative Action Employer - 50% Recycledll0% Post Consumer Paper State stormwater Management Systems Permit Number SW7060215 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Mr. Charles Angus Laurel Woods Section C Currituck County FOR THE construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules'~ and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS Each lot is limited to a maximum of (see attached) square feet of built-upon area as indicated in the approved plans. CAMA regulations may reduce the allowable built-upon area for those lots within the AEC. The overall tract built-upon area percentage or lot sizes for the project must be maintained at 30% per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30-foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. II. SCHEDULE OF COMPLIANCE 1. swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. Page 2 of 5 State Stormwater Management Systems Permit Number SW7060215 The permittee shall at all times provide the operation. and maintenance necessary to operate the permitted Stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. c. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built-upon area; details, etc. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, or selling of the project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual: 9. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner, provided that the permittee complies with the requirements of Section 11.11 of this permit. 10. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 11. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW7060215, as issued by the Division of Water Quality under NCAC 2H:1000. Page 3 of 5 State Stormwater Management Systems Permit Number SW7060215 b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. c. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum built-upon area for each of the lots is (see attached) square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. All roof drains shall terminate at least 30' from the mean high water mark. 12. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built-upon area per lot within 30 days of the date of recording. 13. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built-upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 14. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 15. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. Page 4 of 5 State Stormwater Management Systems Permit Number SVV7060215 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 23~ day of May, 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ~_ ~ !E~i -~ ~ "---w _________________ for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 5 of 5 d~ ~~'°,~ ~ .!~r.. s ~An if.~ ~ •~ °WM V1~ l ~ / I ~ n ~ Mate of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F. Easley, Governor William G. Ross, Jr., Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 25, 2006 LETTER OF APPROVALWITH MODIFICATIONS Mr. & Mrs. Charles Angus Post Office Box 113 Aydlett, North Carolina 27916 RE: Erosion and Sedimentation Control Plan No. Curri-2006-023 Laurel Woods -Section C NCSR 1137- Currituck County Drainage Basin: Pasquotank Date Received: Apri129, 2006 Responsible Party: Mr. & Mrs. Charles Angus Dear Mr. & Mrs. Angus: This office has completed its review of the erosion and sedimentation control plan for the referenced 10.0 acre disturbance. Based on the information provided, we have determined the submitted plan for grading associated, with the construction of roads, drainage and lot clearing for a residential subdivision, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF APPROVAL WITH MODIFICATIONS: 1. It shown on the plans that work is to be done within US Army Corps of Engineers 404 jurisdictional wetlands. A copy of the appropriate permit form the Corps to conduct this activity must be submitted to this office prior to the start of construction. 2. Provided groundcover (temporary or permanent) on exposed slopes within 21 calendaz.days following completion of any phase of grading; and a permanent groundcover for all disturbed areas within 15 working days or 90 calendaz days (whichever is shorter) following completion of construction or development. In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the objective of PREVENTING sediment damage to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act and the above listed modifications (if any): 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481, FAX 252- 975-3716 An Equal Opportunity Employer 50%recycled/10%post-consumer paper ~,~9 y./~ Mr. & Mrs. Charles Angus May 25, 2006 Page 2 - an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if noland-disturbing activity has been undertaken; -- a copy of the LATESTAPPROVED soil erosion and control plan must be on file at the job site; - erosion and sediment control measures or devices were designed and are to be installed to safely withstand the runoff resulting from a 10 year storm event - 6.5 - 7 inches in 24 hours or 2. S -3 inches in 1 hour, - a bu, ffer zone, sufficient to restrain visible sedimentation, must be provided and maintained between the land-disturbing activity and any adjacent property or watercourse; - new or affected slopes must be at an angle that can be retained by vegetative cover; - barren slopes must be provided with a Around cover sufficient to restrain erosion within 21 calendar days of completion of any phase (rouPh or fnal) of grading.. (RYE GRASS IS NOT in the approved seeding specifications nor is it an ACCEPTABLE substitute for the providing of a ground cover); - unless a temporary, manufactured, lining material has been specified, a clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded areas. The mulch must cover at least 75% of the seeded .area • after it is either tacked, with an acceptable tacking material, or crimped in place; -- in order to meet the intent of the Act, the scheduling of the land-disturbing activities is to be such that both the area of exposure and the time between the land disturbance and the providing of a ground is minimized; -- a permanent ground cover, sufficient to restrain erosion, must be provided within the shorter of IS working or 90 calendar days after completion of construction or development; and, - except in the case of an emergency,' a revised erosion and sedimentation control plan must be submitted to and approved by this office prior to initiating any significant changes in the construction, grading or drainage plans .' -- this approval is based, in part, on the accuracy of the information provided in the Financial Responsibility/Ownership form submitted with the project plans. You are required to file an amended form if there Is any change in the information included on the form. This approval and the financial responsibility/liability cited in it does not automatically transfer with a change in project ownership. Be advised that his letter givers notice of our right of periodic inspection to ensure compliance with the approved plan and the program requirements. If the implemented plan is determined to be inadequate, this office may require that it be revised to comply with state law. Failure to comply with any part of the approved Mr. & Mrs. Charles Angus May 25, 2006 Page 3 plan or with any requirements of this program, could result in the taking of appropriate legal action against the financially responsible party (Mr. & Mrs. Charles Angus). One option is the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5040 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. Prior to beginning this project, you are required to either contact this office to advise Ms. Allison Ward (252-946-6481, ext.3857) of the construction start-up date, contractor and an on-site contact person OR, please, complete and return the attached Project Information sheet to the above named.- The land-disturbing activity described in this plan may require approval or permitting from other Federal, State or local agencies. These could include the U.S. Army Corps of Engineers under Article 404 jurisdiction, the Division of Water Quality -Surface Water Section under stormwater regulations, county, city or town agencies under other local ordinances, or other approvals that may be required. This approval does not supersede any other approval or permit. Please be advised that all land disturbing activities affecting at least one acre will be required to have a (federal) NPDES permit. Enclosed is the Construction Activities General Permit - NCGO10000 that for this project. The responsibility for understanding and complying with this permit rests with you. Be aware that failure to comply with this permit could result in both the State and Federal governments taking appropriate legal action. Contact the Division of Water Quality -Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping requirements of the permit. Sincerely, ichard D. Peed, CPESC Assistant Regional Engineer Enclosure w/o enc. Cc: Mr. Jared L. Madewell, PE, Albemarle & Associates, LTD Mr. William Wescott, US Army Corps of Engineers Ms. Donna Volivia, Currituck County Planning "ortt, `ar°lina Division of Environmental Health Terry L. Pierce, Director State of North Carolina ~~~ ~~ Michael F. Easley, Governor J,/~ Public Water Supply Section Department of Environment and Natural Resources Division of environmental xealth Jessica G. Miles, Section Chief William G. Ross, Secretary July 31, 2006 MR LELAND GIBBS P Obox 38 Z ~ ~ 7~ 1~ 0 Currituck,NC 27929 Re: Authorization to Construct LAUREL WOODS, SECTION C CURRITUCK CO WATER SYSTEM CURRITUCK County 0427010 Dear Applicant: This letter is to confirm that a complete Engineer's Report and a Water System Management Plan have been received, and that engineering plans and specifications have been approved by the Department for LAUREL WOODS, SECTION C, DEH Serial No. 0600976. The Authorization to Construct is valid for 24 months from the date of this letter. Authorization to Construct may be extended if the Rules Governing Public Water Supplies and site conditions have not changed. The Authorization to Construct and the engineering plans and specifications approval letter, shall be posted at the primary entrance of the job site before and during construction. Approval must be secured from the Department before any construction or installation if: • Deviation from the approved engineering plans and specifications is necessary; or • There are changes in site conditions affecting capacity, hydraulic conditions, operating units, the function of water treatment processes, the quality of water to be delivered, or conditions imposed by the Department in any approval letters. Upon completion of the construction or modification and in accordance with Rule .0303, the applicant shall submit a certification statement directly to Siraj M. Chohan of this office. This statement must be signed and sealed by a registered professional engineer stating that construction was completed in accordance with approved engineering plans and specifications, including any provisions stipulated in the Department's engineering plan and specification approval letter. Prior to Final Approval, the applicant shall submit a signed certification stating that the requirements in 15A NCAC 18C .0307 (d) and (e) have been satisfied and if applicable, a completed application for an Operating Permit and fee. Once the certification statements and operating permit application and fee, if applicable, are received and determined adequate, the Department will grant Final Approval in accordance with Rule .0309 (a). Therefore, no construction, alteration, or expansion of a water system shall be placed into service until Final Approval has been issued by the Department. If we can be of further assistance, please call (919) 733-2321. Sincerely, Tony C. Chen, P.E. Technical Services Branch Public Water Supply Section TCC:SMC cc: FRED HILL, Regional Supervisor Albemarle & Associates 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 Telephone 919-733-2321 • Fax 919-715-4374 • Lab Form Fax 919-715-6637 http://ncd ri n ki ngwate r.state. n c. us/ An Equal Opportunity /Affirmative Action Employer NorthCarolina ~aturallr~ ~~g~a ~w~ NCDENR State of North Carolina Department of Environment and Natural Resources Division of Environmental Health Public Water System Authorization to Construct Public Water System Name and PWSID No. (if available): Project Name: Serial No. Issue Date: CURRITUCK CO WATER SYSTEM 0427010 LAUREL WOODS, SECTION. C 0600976 07/28/2006 Expiration Date: 24 months after Issue Date In accordance with NCAC 18C .0305, this Authorization to Construct must be posted for inspection at the primary entrance to the job site during construction. North Carolina ,~-~ `i `I% Division. of Em~ronmental Health < < Albemarle & Associates P O Box 3989 115 W Saint Clair Street Kill Devil Hi1,NC 27948 North Car°lina Division of Environmental Health ~(~ GI Terry L. Pierce, Director 1'.!i ~~ t?., j Public Water Supply Section Division of Environmental Health Jessica G. Miles, Section Chief July 28, 2006 Mr. Leland Gibbs Currituck County Water Department Post Office Box 38 Currituck, North Carolina 27929 Re: Water Main Extension Currituck County Water System Laurel Woods -Section "C" PWS ID: 04-27-010, Currituck County Dear Mr. Gibbs: State of NoRh Carolina Michael F. Easley, Governor Department of Environment and Natural Resources William G. Ross, Secretary Enclosed please fmd one copy of the "Application for Approval..." together with one copy of the referenced plans and specifications bearing the Division of Environmental Health stamp of approval for the referenced project. These plans and specifications are approved under Division of Environmental Health serial number 06-00976, dated July 27, 2006. Plans and specifications prepared by Jared L. Madewell, P.E., call for the installation of approximately 1,841 feet of 6-inch water main, valves, hydrants and other appurtenances along Wildflower Lane to provide service to Laurel Woods - Section "C". The proposed water main will connect to an existing 8-inch waterline located along SR 1137 (Aydlett Road). Please note that an "Authorization to Construct" requires both this approval of Engineering Plans and Specifications and submittal of a complete Water System Management Plan. No construction shall be undertaken, and no contract for construction, alteration, or installations shall be entered into until the Department issues an Authorization to Construct letter in accordance with 15A NCAC 18C .0305(a). These plans and specifications in the foregoing application are approved insofar as the protection of public health is concerned as provided in the rules, standards and criteria adopted under the authority of Chapter 130A-317 of the General Statutes. This approval does not constitute a warranty of the design, construction or future operation of the water system. One copy of each enclosed document is being forwarded to our Washington Regional Office. The third copy is being retained in our permanent files. If we can be of further service, please call on us at (919) 733-2460. Tdny C. Chen, P.E. Lead Engineer, Plan Review Technical Services Branch TCC/SMC/sep Enclosures: Approval Documents cc: Fred Hill, Regional Engineer Currituck County Health Department Albemarle & Associates, LTD 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 Telephone 919-733-2321 • Fax 919-715-4374 • Lab Form Fax 919-715-6637 http://ncdrinkingwater.state.nc.us/ An Equal Opportunity /Affirmative Action Employer NorthCarolina ~aturallt~ 7a ~i~13 0 ~ ? ~ i ~ 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT ORM ID: SAW-2006-40453-127 County: Currituck USGS Quad: Coiniock GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Charles and Marv Ellen Anus Address: Post Office Box 113 Aydlett, North Carolina 27916 Telephone No.: 252-453-2330 Size and location of property (water body, road name/number, town, etc.): 25.5 acre lot, located on Wildflower Lane, 3.04 miles south of SR 113' (Avdlett Road) Description of projects area and activity: 0.27 acres of wetland fill for subdivision road crossing. Applicable Law: ^ Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the pennittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. .All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may 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 counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tom Steffens at 252-975-1616 xt. 25. Corps Regulatory Official '~`f't-~~~~j~~~~ Date: 12/07/2006 Expiration Date of Verification: Page 1 of 8 Determination of Jurisdiction: A. ~^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). B. ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ^ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ®The jurisdictional areas within the above described project area have been identified under a previous action. Phase reference jurisdictional determination issued 6/30/2005. ORM ]D SAW- or ACTION ID 200511340 Basis of Jurisdictional Determination: Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** ~ ,t ~ Corps Regulatory Official: Date 12/07/2006 Copy Furnished: John M. DeLucia P.E., Albemarle and Associates Page 2 of 8 ORM ID: SAW-2006-40453-127 County: Currticuk Permittee: Charelas and Marv Ellen Anus Date Permit Issued: 12/07/2006 Project Manager: Tom Steffens Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WASHINGTON REGULATORY FIELD OFFICE Post Office Bog 1000_ _ _ _- -- -- Washington, North Carolina 27889 " Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in .accordance with. the permit conditions. Signature of Permittee Date Page 3 of 8 CESAW-RG-W DATE: 12/07/2006 MEMORANDUM FOR RECORD SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1.ORM ID: SAW-2006-40453-127 2. Project Name and Location: Charles na d Marv Ellen Anus, Adylett 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES If NO, Explain: b. Is compensatory mitigation necessary? YES Explain: NW 14 requires mitigation or wetland impacts 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO If YES, describe steps taken to address concerns: 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO b. If YES, describe steps taken to address concerns: 6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act). a. Is this a project that "may adversely affect essential fish habitat"? NO b. If YES, describe steps taken to address concerns: Corps Regulatory Official: Page 4 of 8 December 7, 2006 Regulatory Division ORM ID: SAW-2006-40453-127 Charles and Mary Ellen Angus Post Office Box 113 Aydlett, North Carolina 27916 Permit Special Conditions Your work is authorized by Nationwide Permit 14 provided it is accomplished in strict accordance with the attached General Conditions and the following Special Conditions: a. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. b. The Permittee shall mitigate for 0.27 acre of Section 404 wetlands associated with this project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in an amount determined by the NCEEP sufficient to perform 0.54 acre ofnon-riparian wetland restoration mitigation in the Pasquotank River Basin (HLTC 03010205). This permit is valid only after the Permittee has made full payment to the NCEEP, and the NCEEP has made written confirmation to the District Engineer, that it has received payment and a ergr es to accept responsibility for the mitigation work required, pursuant to Paragraph IV.D. of the Memorandum of Understanding between the North Carolina Department of Environment and Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated November 4, 1998. If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina Division of Water Quality, telephone (919) 733-1786, regarding Section 401 Water Quality Certification. This nationwide permit does not relieve you of the responsibility to obtain other required State. or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for. your time and cooperation. Questions or comments maybe addressed to Mr. Steffens, Washington Regulatory Field Office, telephone (252) 975-1616, extension 25.