20041180 Ver 1_COMPLETE FILE_20060323

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RoWste][11
PROGRAM
RECEIPT
Ray Hollowell
Hatteras/Kinnakeet Association
POB 1411
Manteo, NC 27944
Project: Kinnakeet Shores Resort, Phase 14 County: Dare

S-R-06
June 6, 2006
DWQ#: 2004-1180
COE#: 199911078
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $3,280.75, check
number 3129, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.

C
l
i Wetlands (credits) Stream (credits)
River Basin ata
ng
og51
Unit

Riparian

Non-

Coastal

Cold

Cool

Warm
Buffer
(sq. ft.)
Riparian Marsh
Pasquotank 03010205 0 0.16 0 0 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Steffens, USACE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
R)estDrwg... E'.. Pro
t"
Sincerely,
ramD"Gilemorc, PE
Director .? ` J7 f
JUN ? 2N6
Oar State,
PICDNR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
ti-
Eco Stem
PROGRAM
INVOICE
May 25, 2006
DWQ#: 2004-1180
COE#: 199911078
Ray Hollowell
Hatteras/Kinnakeet Association
POB 1411
Manteo, NC 27944
Project: Kinnakeet Shores Resort, Phase 14 County: Dare
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Chris Mankoff at 919-716-1921.
Riparian Wetlands 0 acres x $ 26,246.00 = $
Non-Riparian Wetlands 0.25 acres x $ 13,123.00 = $ 3,280.75
Saltwater Wetland 0 acres x $131,230.00 = $
Stream 0 linear feet x $ 219.00 = $
Buffer - Zone 1 0 square feet x $ .96 = $
Buffer - Zone 2 0 square feet x $ .96 = $
Total amount of payment $ 3,280.75
Please mail a copy of this invoice with a check made payable to: NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please call 919-716-1921 for an overnight mailing address or for an appointment to hand deliver the payment.
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit `z=a
Tom Steffens, USACE-Washington
i.
Kyle Barns, DWQ-Washington i ' r - G6
Doug Huggett, DCM-Morehead City ?UN 2?
?j ,, File `
LITY Lz"t-0r •.. ? .. Prot- Our CGiiRn?"??T?Rf•rTEr?EFtiiiCV1
It-ate,
RCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
I
O?O? W A T ?RpG
Wd -1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
May 3, 2006
Mr. Ray Hollowell
Hatteras/Kinnakeet Association
P.O. Box 1411
Manteo, NC 27954
Subject Property: Hatteras/Kinnakeet Association
Atlantic Ocean [030155, 99-(7), SB]
DWQ Project 4 04-1180, Ver. 2
Dare County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hollowell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.08 acres of wetland to construct the proposed recreational facility with
associated parking within an existing residential development at the subject property, as described within
your application dated March 22, 2006, and received by the N.C. Division of Water Quality (DWQ) on
March 23, 2006, with additional information received by the DWQ on April 5, 2006 and April 28, 2006.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s)
NW 18 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other
regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to
waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
One
Amount Approved (Units) Plan Location or Reference Nort
h Carolina
404/CAMA Wetlands 0.08 (acres) PCN pane 4 of 8 JVnf!lCall?
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recyclcd/10% Post Consumer Paper
Hatteras/Kinnakeet Association
Page 3 of 3
May 3, 2006
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP
should be contacted at [phone] if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Wetlands
Restoration Fund to meet the following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin Number
404 Wetland 0.16 acres Pas uotank/03010205
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
Sincerely,
Alan W. Klimek, P.E.
AWK/Un:
Enclosures: GC 3402
NCEEP/NCDWQ Mitigation Summary
Certificate of Completion
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Roxanne Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Filename: 041180 Ver2Hattcras_Kinnakect(Currictuck)401
ww(a F W A Michael F. Easley, Govemor
O William G. Ross Jr., Secretary
6 North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Hatteras/Kinnakeet Association has permission as outlined below to
impact 0.08 acres of wetlands for the purpose(s) of constructing the proposed commercial recreation facility at
Kinnakeet Shores Resort Subdivision, located at 41183 Kinnakeet Boulevard, near Avon, in Dare County. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached
Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Avon, NC
COUNTY Dare
BASIN/ SUB BASIN Pasquotank/03010205
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot
according to 15 2R.0503(b).
Impacts Mitigation
0.08 Acres of Non-Riparian Wetland 0.16 Acres of Non-Riparian Wetland
In correspondence dated March 30, 2006, the EEP indicated that up to 0.16 acres of mitigation will be conducted by
EEP if necessary for the 401 Water Quality Certification and 404 Permit.
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of
this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 041180 Ver2Hatteras_Kinnakeet(Currictuck)l01_EEP
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Noy` Carolina
Nhrrally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
[phone] [phone] fax
April 5, 2006
Ian McMillan
N.C. Division of, Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ Project #04-1180, Ver. 2, Hatteras/Kinnakeet Assoc., Avon, Dare
County, North Carolina
Dear Mr. McMillan,
This letter is with reference to your letter dated March 29, 2006 requesting
additional information to the aforementioned project.
1. NCEEP was contacted by our office today and they faxed a copy of the
approval letter to your office today.
2. Section XI - Stormwater - there is currently an existing outdoor swimming pool
and tennis court within a separate parcel, not part of the subject parcel. The
outdoor swimming pool and tennis court area is a parcel separate from the subject
parcel (PIN#054909059439). This project proposes a recreational facility, which
includes an indoor swimming pool, which is part of the subject parcel. The
subject parcel surrounds the other separate parcel (outdoor pool and tennis court),
which is not part of this project.
Sorry if this sounds confusing, but all in all the existing structures (pool & tennis court)
lie within a separate parcel, not part of the subject parcel proposing wetland fill.
Please do not hesitate to call me if you have any questions 252-261-7707.
Sincerely,
Roxanne D. Dorman +S L
APR 2 8 2006

:ATLANTIC ENUIRONPIENTAL CONSULT FAX 110. :2522612965 Apr. 05 2006 05:19PM P1
ATLANTIC ENVIRONMENTAL. CONSULTANTS, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
[phone] [phone] fax
April 5, 2006
Ian McMillan
N.C. Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ Project 1104-1180, Ver_ 2, Hatteras/Kinnakeet Assoc., Avon, Dare
County, North Carolina
Dear Mr. McMillan,
This letter is with reference to your letter dated March 29, 2006 requesting
additional information to the aforementioned project.
1. NCEEP was contacted by our office today and they faxed a copy of the
approval letter to your office today.
2. Section XI - Stormwater - there is currently an existing outdoor swimming pool
and tennis court within a separate parcel, not part of the subject parcel. The
outdoor swinuning pool and tennis court area is a parcel separate from the suliiect
parcel (PIN#054909059439). This project proposes a recreational facility, which
includes an indoor swimming pool, rwlueh is part of the subject parcel. The
subject parcel surrounds the other separate parcel (outdoor pool and tennis court),
which is not part of this project',
Sorry if this sounds confusing, but all in all the existing structures (pool & tennis court)
lie within a separate parcel, not partof the subject parcel proposing wetland £11.
Please do not hesitate to call me if you have any questions 252-261-7707.
Sincerely,
Roxmine D. Dorman
APR-5-2006 WED 16:10 TEL:[phone] NAME:DWO-WETLANDS P.!. 1
ATLANTIC ENUIP'ONNENTAL CONSULT FAX NO. :2522612965 Apr. 05 2006 05:20PIl P2
Fax Cover Sheet
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
[phone]
tax [phone]
Send to: NC Division of Water Quality From: Roxanne Dorman
Attention: Ian McMillan Date: 4-5-06
RE: DWQ## 04-1180 Ofilce Location: Kitty Hawk
Fax Number. 252-733-6893 Phone Number. 252-261-7707
Total pages. Including cover. 2
Comments:
Ian,
am only faxing you this letter since NCEEP could not fax the approval letter
directly to us due to their sophisticated fax machine and my not so sophisticated
fax machine. I had NCEEP fax the approval letter directly to you.
I will mail the attached letter to you as well.
Please call us if you have any questions 252-261-7707.
APR-5-2006 WED 16:11 TEL:[phone] NRNE:DWQ-WETLANDS P. 2
04-1180 vs. 2
Subject: 04-1180 vs. 2
From: Kyle Barnes <Kyle.Barnes@ncmail. net>
Date: Mon, 24 Apr 2006 12:39:50 -0400
To: Ian McMillan <[e-mail]>
This is a project that is in Dare Co., Hatteras/Kinnakeet Asso. The proposal is to
build an enclosed pool and associated parking under a 3402. Within the 3402 #3 under
low density there is a 30ft required vegetative buffer to be between any impervious
and perennial waters. They do not have this per the plat. There has already been
one hold letter sent for this project but it did not address this issue. Can you
explain to me how this works in the area of the crossing, there is no way to have a
buffer. In the instance of their parking lot and building that is a different story
they can design those changes.
I am leaving for Charlotte in an hour if you have time please give me a call to talk
about this.
KB
1 of 1 4/24/2006 3:32 PM
r k-011} : ATLA•JT I C B aU I FO^JMENTAL CONSULT FAX 110. :2522612-965 Apr. 25 2COS 04:35P11 P1
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
[phone] [phone] fax
April 5, 2006
Ian McMillan
N.C. Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ Project #04-1180, Ver. 2, Hatteras/Kinnakeet Assoc., Avon, Dare
County, North Carolina
Dear Mr. McMillan,
This letter is with reference to your letter dated March 29, 2006 requesting
additional information to the aforementioned project.
1. NCEEP was contacted by our office today and they faxed a copy of the
approval letter to your office today.
2. Section XI - Stormwater - there is currently an existing outdoor swimming pool
and tennis court within a separate parcel, not part of the subject parcel. The
outdoor swimming pool and tennis court area is a parcel separate from the subject
parcel (PIN#054909059439). This project proposes a recreational facility, which
includes an indoor swimming pool, which is part of the subject parcel. The
subject parcel surrounds the other separate parcel (outdoor pool and tennis court),
which is not part of this project.
Sorry if this sounds confusing, but all in all the existing structures (pool & tennis court)
lie within a separate parcel, not part of 61C subject parcel proposing wetland fill.
Please do not hesitate to call me if you have any questions 252-261-7707.
Sincerely,
4?11
Rosanne D. Dorman
APR-25-2006 TUE 14:55 TEL:[phone] NAME:DWO-WETLANDS
P.I 1
-rF='G1 :ATLANTIC ENU I FCN ,eiTAL CONSULT FAY, NO. :25226129S5 Apr. 25 200.0 04: O6MI P2
Fax Cover Sheet
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949
[phone]
fax [phone]
Send to: NC DWQ (401 Cedirication Unit) From: Roxanne Dorman
Attention: IAN MCMILLAN Date: 4-25-06
RE. Request for certificate of Insurance Office Location: Kitty Hawk
Fax Number. 919-733-6893 Phone Number. 252-261-7707
Total pages, including covet: 2
Comments:
Ian,
Please let me know if you have any further questions.
Thank you for your help.
Roxanne
APR-25-2006 TUE 14:56 TEL:[phone] NAME:DWQ-WETLANDS P? 2
04-05-'06 15;53 FROM-DEiIR EEP 9197152001 T-735 P01 U-186
cos Stem
PROGRAM
March 30, 2006
Roxanne Dorman
Atlantic Environmental Consultants
P0Box3266
Kitty Hawk, NC 27949
Project: Kinnakeet Shores Resort, phase 14 County: Dare
,C?t4j.,J , Gets
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Scream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Ri arian 1"-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0.08 0 0 0 0 0 0
03010205
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 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 CANIA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U, S. Army Corps of Engineers dated November 4, 1999.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
Villiam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-NVashingtonX ?5?_ q,75"7t?r % Kyle Barns, DWQ-Washington
Doug Huggett, DCM-Morehead City
File

Relsto I ... ERA"W'ing... Pro", our itate., ::2?
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699.1652 / 919-715.047(3 / www.nceep.net
i
APR-5-2006 WED 15:42 TEL:[phone] NAME:DWO-WETLANDS P.I, 1
?OF \NArF,9p Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
O .? Alan W. Klimek, P.E. Director
Division of Water Quality
March 29, 2006
DWQ Project # 04-1180, Ver. 2
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Ray Hollowell
Hatteras/Kinnakeet Association
P.O. Box 1411
Manteo, NC 27954
Subject Property: Hatteras/Kinnakeet Association
Atlantic Ocean [030155, 99-(7), SB]
REQUEST FOR MORE INFORMATION
Dear Mr. Hollowell:
On March 23, 2006, the Division of Water Quality (DWQ) received your application dated March 22,
2006, to impact 0.08 acres of wetland to construct the proposed recreational facility with associated
parking within an existing residential development. The DWQ has determined that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H.0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide documentation from the NCEEP indicating their willingness to accept your
request to purchase wetland mitigation credit to mitigate for the proposed wetland impacts listed
in your PCN application per section VIII, No. 1.
2. In Section XI - Stormwater of your PCN you indicated that the outdoor pool is not part of this
project and contained within a separate parcel as shown on the attached parcel map, but the
swimming pool does not appear to be contained within the parcel that contains the tennis courts.
Please explain this discrepancy.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Kyle
Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
one
N Carolina
401 Oversight/Express Review Permitting Unit ? aturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o,enr.stite,nc.us/ncwctlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Hatteras/Kinnakeet Association
Page 2 of 2
March 29, 2006
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyn i Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijni
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Roxanne Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Filename: 041180Ver2liatterasKinnakeetAssoc(Dare)On_llold

USACE Action ID No. DWQ No. V' 1 O L? - I I 1,? D
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing ? ?Vf J % @3 D
1. Check all of the approval(s) requested for ?
this project: o
Section 404 Permit 2006
? Section 10 Permit MAR 2 a
® 401 Water Quality Certification OE?? .,J,1 aQUAL1T1 cH
? Riparian or Watershed Buffer Rules
N,taosrt+?
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
Owner/Applicant Information
Name: Hatteras/Kinnakeet Assoc. c/o Ray Hollowell
Mailing Address: P.O. Box 1411
Manteo. NC 27954
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see agent info.
2. Agent 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: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kittv Hawk_ NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: RoxDorman(a?aol.com
Page 1 of 8
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks 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 clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than I1 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 full-size plans. If full-size plans are
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: AEC11006-022
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 11054909059439
4. Location
County:_ Dare County Nearest Town: Avon
Subdivision name (include phase/lot number): Phase 14. Kinnakeet Shores Resort
Subdivision
Directions to site (include road numbers, landmarks, etc. (Physical address 41183
Kinnakeet Boulevard) Heading south on Hwy 12, south of Oregon Inlet, turn right at first
entrance to Kinnakeet Shores on Kinnakeet Blvd., subject site is on the left just past the
entrance to Kinnakeet Shores Resort. Parcel is currently undeveloped
5. Site coordinates, if available (UTM or Lab/Long): 3519'55.76"N 7530'43.49'V
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Parcel is currently undeveloped, no structures currently exist on this parcel.
7. Property size (acres): 5.38 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean
9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/admin/maps;'.)
Page 2 of 8
10. Describe the purpose of the proposed work: Subdivision owner proposes to fill "404" non-
riparian wetlands to construct a commercial recreational facility with associated parkin and
driveway, within the existing subdivision. Fill is necessary to prepare the site for commercial
construction.
11. List the type of equipment to be used to construct the project: Dump truck and frontend
Loader (for filling purposes), hydraulic pumps and hand tools for retaining walls.
12. Describe the land use in the vicinity of this project: commercial/residential
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 project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdiction determination has been made and a wetland plat has been signed by Tom Walker
USACE (4-27-01). Permits previously issued for Kinnakeet Shores Nationwide 14 - Action TD
200610551 issued 3/2/06 (renewed expired permit Action ID 200310562 issued 5/7/03 & DWO
Project#: 030409 to widen existing intersection Portside Drive and Starboard Drive-, Nationwide
14 - Action ID 200411696 issued 8/30/04 & DWO Project#: 04-1180 to widen an existing road
and connect with hi?hground - Cavalla Court)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this project..
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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
Page 3 of 8
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. Wetland Impacts
Wetland hupact
Site Number
(indicate on nia)
Type of Impact* Area of
hupact
(acres) Located \vithui
100-year Floodplaiin**
(yCS/110) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

1
Wctland fill
0.07
yes -1,400 feet from
the Atlantic ocean Grassed/ scrub
wetland
2 Shading wetlands 0.01 yes 1,400 feet loom
die Atlantic Ocean Grassed/ senlb
\\etland

* List each impact separately and identify tetnporan. iiupacts. hupacts include, but are not lmuted to: mechanized clearing, grading. till,
Separately list impacts due to Moth structure and flooding.
excavation, flooding, ditclung/dl'alllage, etc. For darns,
** 100-Year tloodplaiiis are identified througli the Federal Enncrgcucv Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM). or FEMA-approved local IIoodplain naps. Maps are available througln die FEMA Map Service Center at 1-800-368-9616, or
online at littp:/h\-\\1y.fcnra.cov.
*** List a wetland type that best describes wetland to be iinpacted (e.g.. fresh\vater/saltwater nnaisli. forested wetland, beaver pond,
Carolina Bav, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 2.1 ac.
Total area of wetland impact proposed: 0.07 acre (wetland fill) & 0.01 acre (wetland shading)
Total impacts 0.08 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(Wncar feet)
Stream Name** Average Width
of Stream
Before Impact Peretmial or
Intermittent?
(please secify)
N/A N/A N/A N/A N/A N/A

List each impact selruately and identifi• temporary iiupacts. hnpacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and alter. and net loss/gaiin),
stabilization activities (cenncnt wall, rip-rap, crib w\11L gabions. etc.), excavation, ditclung/strai-htenua2, etc. If streann relocation is
proposed, plans and profiles slnowyiin- the linear footprint for lxalh the original and relocated strearns nmst be included.
Stream na nes can be found on USGS topograpliic neaps. If a stream li as no iiaine, list as UT (wmained tributary) to the nearest
dowvnstrearn nanned stream into N lhicln it flows. USGS imps are available through the USGS at 1-800-368-9616, or online at
\ylwly.usgs.L'oy. Several intemet sites also allow direct do\\iiload and printing of USGS naps (e.g.. \\i\w.topozone.conn,
\\wwrnapquest cone, etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
y
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
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
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The nrODoscd impact was limited to 0.07 acre of wetland fill and 0.01 ac.of shadintz of wetlands to
stay within General Permit requirements. Fill in wetlands is necessary for this project duc to the proposed
construction of a commercial recreational facility with driveway and parking requirements, and building
setbacks within Kinnakeet Shores Resort. Fill was necessary due to a small wetland finger in the middle
of the parcel intersecting two areas of highground. Avoidance and minimization for this project includes
locating the recreational facility at the north end of the parcel to impact a minimum amount of wetlands.
A bridge is also proposed to avoid wetland fill by constructing a brid.Re 6'x 54'x 7'(dccking 7'above
wetland substrate) to allow access from Phase 16, which includes shading wetlands within the proposed
bridged area (0.01 ac). Avoidance also includes the location of the parking area within the high rg ound
area between wetlands, in two locations. The proposed recreation facility is centrally located within
Kinnakeet Shores Resort near the entrance to Kinnakcet Shores within a commercial and residential
Page 5 of 8
developed area. AEC has reviewed the wetlands within this parcel on several occasions and hydric
conditions were absent within the narrow area of the wetland finger. It appears by observation by AEC_
this wetland has been a groomed area within this parcel, which does not support a significant amount of
wetland vegetation or habitat that a natural wetland would support. Silt fence will be placed at the fill
limits and wetland interface to prevent intrusion of fill material into wetlands not permitted for fill. A
retaining wall will be constructed (see proposed bulkhead with guardrail on attached site plan along the
wetland fill interface to support a guardrail for safety purposes.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 21-1.0500, 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the
aquatic environment arc 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 watcrsh(xL
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 NCWRP
concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines
for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.err.state.nc.tts/ncwetlands/strm,?ide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation proposed for this proiect will be the purchase of wetland credits from N.C. Ecosystem
Enhancement Program (NCEEP) in the amount of/. acre. AEC will submit a copy of the application package
to NCEEP to request approval to purchase wetland credits for the proposed wetland impacts.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.cnr.state.nc.us/rv!p/index.litiii. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Page 6 of 8
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
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 SF-PA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes E] No
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 (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 213
.0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/A )?
Yes ? No ® If you answered " ycs", provide the following information:
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* ( Imp ctt
eet) Multiplier hRequired
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
Zone 1 extends out 30 Rvt perpendicular from near bank: of channd; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
Page 7 of 8
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B.0242 or .0260,
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
Existing impervious areas do not exist at this site. Existing tennis court and outdoor pool is not part of
this parcel. The aforementioned area has been surveyed and recorded as a separate deed not part of Phase
14, to be controlled by the Kinnakeet Shores Homeowners Association. The proposed impervious areas
will be limited to the commercial buildings, driveway and parking (20%). Impervious area will not
exceed 30% lot coverage. Stormwater runoff will be routed from several areas from the valley and utter
system within the roof system to allow stormwater runoff to be directed to several areas on the round
adjacent to the proposed buildings to filter within the soils and grassed areas. Areas adjacent to the
parking lot will be sloped and grassed for infiltration. Silt fence and a retaining wall will be placed
behind the fill area to prevent fill material from impacting the adjacent wetlands not permitted for fill.
The site will be graded at 3:1 slope towards the front of and sides of the parcel to direct stormwater away
from the adjacent wetlands in the back of the property.
XLL Sewage Disposal (DWQ Only)
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.
This parcel is provided with central sewage system within Kinnakeet Shores
XIH. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. 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 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).
3-aa-c(o
AppUanf/Agent's Signature J V Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Pagc 8 of 8

USACE Action ID No. DWQ No. CA CJ
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing q
1. Check all of the approval(s) requested for this project: D
® Section 404 Permit MAR 2 3 2006
? Section 10 Permit
® UENR - WATER QUALITY
401 Water Quality Certification
? or Watershed Buffer Rules I4`?DS?`?sTOt??waTEr?ERAt?CN
Riparian
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information'
Name: Hatteras/Kinnakeet Assoc. c/o Ray Hollowell
Mailing Address: P.O. Box 1411
Manteo, NC 27954
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see agent info.
2. Agent 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: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kitty Hawk, NC 27949
Telephone Number: 252-261-7707
E-mail Address: RoxDorman(a?aol.com
Fax Number: 252-261-2965
Page 1 of 8
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks 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 clearly 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 full-size plans. If full-size plans are
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: AEC#006-022
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1/054909059439
4. Location
County:_ Dare County Nearest Town: Avon
Subdivision name (include phase/lot number): Phase 14. Kinnakeet Shores Resort
Subdivision
Directions to site (include road numbers, landmarks, etc. (Physical address 41183
Kinnakeet Boulevard Heading south on Hwy 12, south of Oregon Inlet, turn right at first
entrance to Kinnakeet Shores on Kinnakeet Blvd., subject site is on the left just past the
entrance to Kinnakeet Shores Resort. Parcel is currently undeveloped
5. Site coordinates, if available (UTM or Lat/Long): 35-19'55.76'N 7530'43.49'V
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Parcel is currently undeveloped. no structures currently exist on this parcel.
7. Property size (acres): 5.38
8. Nearest body of water (stream/river/sound/occan/lake): Atlantic Ocean
9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/admin/maps,'.)
Page 2 of 8
10. Describe the purpose of the proposed work: Subdivision owner proposes to fill "404" non-
riparian wetlands to construct a commercial recreational facility with associated parking and
driveway, within the existing subdivision. Fill is necessary to prepare the site for commercial
construction.
11. List the type of equipment to be used to construct the project: Dump truck and frontend
Loader (for filling purposes), hydraulic pumps and hand tools for retaining walls.
12. Describe the land use in the vicinity of this project: commercial/residential
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 fD Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdiction determination has been made and a wetland plat has been signed by Tom Walker,
USACE (4-27-01). Permits previously issued for Kinnakeet Shores Nationwide 14 - Action ID
200610551 issued 3/2/06 (renewed expired permit Action ID 200310562 issued 5/7/03 & DWO
Project#: 030409 to widen existing intersection Portside Drive and Starboard Drive; Nationwide
14 - Action ID 200411696 issued 8/30/04 & DWO Project#: 04-1180 to widen an existing road
and connect with highground - Cavalla Court)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this project..
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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
Page 3 of 8
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. Wetland Impacts
Welland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located witlwn
100-year Floodplai n**
()-es/no) Distance to
Nearest Stream
(linear feet)
Tcpe of Wetland***

1
Wetland fill
0.07
yes -1,400 feet from
the Atlantic Ocean Grassed/ scrub
wetland
2 shading wetlands 0.01 yes 1.400 feet from
the Atlantic Ocean Grassed/ scrub
q'etlalld

* List each impact separately and identify temporary impacts. hupacts include. but are not limited to: mechanized clearing, gilding, fill.
excavation. flooding. ditching/drainage. etc. For dams, separately list uupacts due to both structure and flooding.
** 100-Year floodplainis are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM). or FEMA-approved local IIoodplain neaps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at help:/hvuNy.ienrt_gov.
*** List a wetland type; that best describes wetland to he impacted (e.g., freshwater/saltwater marsh forested wetland, beaver pond.
Carolina Bay. bog. etc.)
List the total acreage (estimated) of existing wetlands on the property: 2.1 ac.
Total area of wetland impact proposed: 0.07 acre (wetland fill) & 0.01 acre (wetland shading?)
Total impacts 0.08 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Interulittent?
(please sspecify)
N/A N/A N/A N/A N/A N/A

List each impact separately and identify tennlxran, impacts. hupacts include. but are not lunited to: culverts and associated rip-rap,
dams (separate1v list impacts due to both structure and flooding). relocation (include linear feet before and aller. and net loss/gainn),
stabilization activities (cennent wall, rip-rap. crib wall. gabions. etc.). excavation, ditclung/straiglitening, etc. If stream relocation is
proposed. plans and profiles showing the linear footprint for lx)t1i die original and relocated streams must be included.
Stream mimes can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into nlnicln it flows. USGS imps are available through the USGS at 1-800-358-9616, or online at
w-\v-\v.usgs.gov. Several interact sites also allow direct download and printing of USGS maps (e.g.. vnnw.topozone.com,
www.mapquest.coni. etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
(if Name applicable) Wateplicabllee) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulllirads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
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
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impact was limited to 0.07 acre of wetland fill and 0.01 ac.of shading of wetlands to
stay within Gcncmi Permit requirements. Fill in wetlands is necessary for this project due to the proposed
construction of a commercial recreational facility with driveway and parking requirements and building
setbacks within Kinnakcct Shores Resort. Fill was necessary due to a small wetland finger in the middle
of the parcel intersecting two areas of highground. Avoidance and minimization for this project includes
locating the recreational facility at the north end of the parcel to impact a minimum amount of wctlands.
A bridge is also proposed to avoid wetland fill by constructing a bridge 6'x 54'x 7'(decking 7'above
wetland substrate) to allow access from Phase 16, which includes shading wetlands within the proposed
bridged area (0.01 ac). Avoidance also includes the location of the parking area within the highh round
area bet-,veen wctlands, in two locations. The proposed recreation facility is centrally located within
Kinnakcct Shores Resort near the entrance to Kinnakcet Shores within a commercial and residential
Page 5 of 8
developed area. AEC has reviewed the wetlands within this parcel on several occasions and hydric
conditions were absent within the narrow area of the wetland finger. It appears by observation by AEC,
this wetland has been a groomed area within this parcel, which does not support a significant amount of
wetland vegetation or habitat that a natural wctland would support. Silt fence will be placed at the fill
limits and wetland interface to prevent intrusion of fill material into wetlands not permitted for fill.- _A
retaining wall will be constructed (see proposed bulkhead with guardrail on attached site plan) along the
wetland fill interface to support a guardrail for safetypuMoses.
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 tun 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 March 9, 2000, 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
miti&-ition as proposed. Examples of mitigation that may be appropriate and practicable include, but arc not limited
to: reducing the size of the project; establishing and maintaining Nr,etland 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 NCWRP
concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines
for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://Iilo.enr.state.nc.us/ncwetlands/strin` ide. html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation proposed for this project will be the purchase of wetland credits from N.C. Ecosystem
Enhancement Progmm (NCEEP) in the amount of/< acre. AEC will submit a copy of the application package
to NCEEP to request approval to purchase wctland credits for the proposed wctland impacts.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://li2o.enr.stitc.nc.us/«rp/ilidex.litm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Page 6 of 8
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
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 SF-PA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No N
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No N
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Ncuse), 15A NCAC 213
.0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/A )?
Yes ? No N If you answerai "yes", provide the following information:
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* ( Impactct)
square Multiplier Required
Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
Zone 1 extends out 30 feet perpendicular from near bank: of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
Page 7 of 8
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 213.0242 or.0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
Existing impervious areas do not exist at this site. Existing tennis court and outdoor pool is not part of
this parcel. The aforementioned area has been surveyed and recorded as a separate deed not part of Phase
14, to be controlled by the Kinnakcet Shores Homeowners Association. The proposed impervious areas
will be limited to the commercial buildings, driveway and parking (20%). Impervious area will not
exceed 30% lot coverage. Stormwater runoff will be routed from several areas from the valley and gutter
system within the roof system to allow stormwater runoff to be directed to several areas on the ground
adjacent to the proposed buildings to filter within the soils and grassed areas. Areas adjacent to the
parking lot will be sloped and grassed for infiltration. Silt fence and a retaining wall will be placed
behind the fill area to prevent fill material from impacting the adjacent wetlands not permitted for till.
The site will be graded at 3:1 slope towards the front of and sides of the parcel to direct stormwater away
from the adjacent wetlands in the back of the property.
XH. Sewage Disposal (DWQ Only)
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.
This parcel is provided with central sewage system within Kinnakeet Shores
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. 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 work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Specks, accessibility problems, or
other issues outside of the applicant's control).
No constraints are currently associated with this nroicct
3-aa-o(o
Applicanf/Agent's Signature ' v Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
V
t
(-1
'.i i
USACE Action ID No. DWQ No. "( 2? O LA. - ' ? g O
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
2 12?@--?, 1. Check all of the approval(s) requested for this project: `? v ? D
® Section 404 Permit MAR 2 3 2006
? Section 10 Permit
® 401 Water Quality Certification DENR - VVATER QUALITY
? Riparian or Watershed Buffer Rules MUMS N41) STO,",A WATER BRANCH
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
IL Applicant Information
Owner/Applicant Information'
Name: Hatteras/Kinnakeet Assoc. c/o Ray Hollowell
Mailing Address: P.O. Box 1411
Manteo NC 27954
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see agent info.
2. Agent 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:
D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kitty Hawk, NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: RoxDorman(a)aol.com
Pagc 1 of 8
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks 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 clearly 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 full-size plans. If full-size plans are
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: AEC#006-022
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 8054909059439
4. Location
County: Dare County Nearest Town: Avon
Subdivision name (include phase/lot number): Phase 14. Kinnakeet Shores Resort
Subdivision
Directions to site (include road numbers, landmarks, etc. (Physical address 41183
Kinnakeet Boulevard) Heading south on Hwy 12, south of Oregon Inlet, turn right at first
entrance to Kinnakeet Shores on Kinnakeet Blvd., subject site is on the left just past the
entrance to Kinnakeet Shores Resort. Parcel is currently undeveloped
5. Site coordinates, if available (UTM or Lat/Long): 3519'55.76"N 7530'43.49'V
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Parcel is currently undeveloped, no structures currently exist on this parcel.
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean
9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hll2o.enr.state.nc.us/admin/maps:.)
Page 2 of 8
10. Describe the purpose of the proposed work: Subdivision owner proposes to fill "404" non-
riparian wetlands to construct a commercial recreational facility with associated parking and
driveway, within the existing subdivision. Fill is necessary to prepare the site for commercial
construction.
11. List the type of equipment to be used to construct the project: Dump truck and frontend
Loader (for filling purposcs), hydraulic pumps and hand tools for retaining walls.
12. Describe the land use in the vicinity of this project: commercial/residential
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 project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdiction determination has been made and a wetland plat has been signed by Tom Walker.
USACE (4-27-01). Permits previously issued for Kinnakeet Shores Nationwide 14 - Action ID
200610551 issued 3/2/06 (renewed expired permit Action ID 200310562 issued 5/7/03 & DWQ
Project#: 030409 to widen existing intersection Portside Drive and Starboard Drive; Nationwide
14 - Action ID 200411696 issued 8/30/04 & DWO Project#: 04-1180 to widen an existing road
and connect with highground - Cavalla Court)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this project..
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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
Page 3 of 8
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. Wetland Impacts
Wetland Impact
Site Number
(indicate on nap)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/uo) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

1
Welland fill
0.07
yes -1,400 feet from
the Atlantic ocean Grassed/ scrub
wetland
2 Shading wetlands 0.01 yes 1,400 feet from
the Atlantic Ocean Grassed/ scrub
wetland

* List each impact separately and identify teniporan• impacts. hupacts include, but are not limited to: mechanized clearing, grading. fill.
excavation- flooding. ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding
** 100-Year fioodplains are identified throueli the Federal Emert,,enev Manarteuieut A«encv's (FEMA) Flood Insurance Rate Maps
(FIRM). or FEMA-approved local Iloodplain slaps. Maps are available through the FEMA Map Service Center at 1-800-363-9616, or
online at lilt:: hNAtw.(cua.gov.
*** List a wetland t-N77e that best describes wetland to be inpacted (e.g., fresli ater/saltwater niaislt_ forested wetland. beaver pond,
Carolina Bad-. bo etc.)
List the total acreage (estimated) of existing wetlands on the property: 2.1 ac.
Total area of wetland impact proposed: 0.07 acre (wetland fill) & 0.01 acre (wetland shading)
Total impacts 0.08 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Streaaul
Before Impact Perennial Of
Internlittelnt?
(please secifv)
N/A N/A N/A N/A N/A N/A

List each impact separately and identify temporary impacts. Iiupacts include, but are not limited to: culverts and associated rip-rap,
clans (separatch, list impacts due to both structure and flooding), relocation (include linear feet before and after. and net loss/gaiii),
stabilization activities (cement wall, rip-rap. crib wall. gabions, etc.). excavation. ditchiug/straighteniing, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both die original and relocated strcains must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (tuunanned tributary) to the nearest
downstream named stream into \ahich it floes. USGS maps are available through the USES at 1-800-358-9616. or online at
\\,uav.usgs.r-ov. Several iiternet sites also allow direct download and printing of USGS maps (e.g., w-\kAv.topozone.com,
w-\\lv.ni,ip uest-coin. etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
y
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
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
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impact was limited to 0.07 acre of wetland fill and 0.01 ac.of shading of wetlands to
stay within General Permit requirements. Fill in wetlands is necessary for this project due to the proposed
construction of a commercial recreational facility with driveway and parking requirements, and building
setbacks within Kinnakcct Shores Resort. Fill was ncccssarv due to a small wetland finger in the middle
of the parcel intersecting two areas of highground. Avoidance and minimization for this project includes
locating the recreational facility at the north end of the parcel to impact a minimum amount of wctlands.
A bridge is also proposed to avoid wetland fill by constructing a bridge 6'x 54'x 7'(decking 7'above
wetland substrate) to allow access from Phase 16, which includes shading wetlands within the proposed
bridged area (0.01 ac). Avoidance also includes the Location of the parking area within the highground
area between wetlands, in two locations. The proposed recreation facility is centrally located within
Kinnakect Shores Resort near the entrance to Kinnakect Shores within a commercial and residential
Page 5 of 8
developed area. AEC has reviewed the wetlands within this parcel on several occasions and hydric
C
conditions were absent within the narrow area of the wetland finger. It appears by observation by AE.
this wetland has been a groomed area within this parcel, which does not support a significant amount of
wetland vegetation or habitat that a natural wetland would support. Silt fence Nvill be placed at the fill
limits and wctland intcrFace to prevent intrusion of fill material into wetlands not permitted for fill. A
retaining wall will be constructed (see proposed bulkhead with guardrail on attached site plan) along the
wetland fill interface to support a guardrail for mfgy purposes.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 21-1.0500, 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 March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the
aquatic environment arc 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 1united
to: reducing the size of the project; establishing and maintaining wctland 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 NCWRP
concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines
for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncNvetIands/strm?,,ide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation proposed for this project will be the purchase of wctland credits from N.C. Ecosystem
Enhancement Progmm (NCEEP) in the amount of'A acre. AEC will submit a copy of the application package
to NCEEP to request approval to purchase wctland credits for the proposed wctland impacts.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hlip://112o.enr.st ife.nc.us/?crp/indcx.litm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Page 6 of 8
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
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 (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 213
.0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please idcntify_ N/A )?
Yes ? No ® If you answered "ycs", provide the following information:
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* Iftt
(square Multiplier Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
' Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
addi6ona120 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
Page 7 of 8
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 213.0242 or.0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
Existing impervious areas do not exist at this site. Existing tennis court and outdoor pool is not part of
this parcel. The aforementioned area has been surveyed and recorded as a separate deed not part of Phase
14, to be controlled by the Kinnakcct Shores Homeowners Association. The proposed impervious areas
will be limited to the commercial buildings, driveway and parking (20%). Impervious area will not
exceed 30% lot coverage. Stormwater runoff will be routed from several areas from the valley and Witter
system within the roof system to allow stormwater runoff to be directed to several areas on the round
adjacent to the proposed buildings to filter within the soils and grassed areas. Areas adjacent to the
parking lot will be sloped and grassed for infiltration. Silt fence and a retaining wall will be placed
behind the fill area to prevent fill material from impacting the adjacent wetlands not permitted for fill.
The site will be graded at 3:1 slope towards the front of and sides of the parcel to direct Stormwater away
from the adjacent wetlands in the back of the property.
XH. Sewage Disposal (DWQ Only)
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.
This parcel is provided with central sewage system within Kinnakeet Shores
XIH. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. 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 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).
3- as-0(1,?
Applicanf/Agent's Signature ' v Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266, Kitty Hawk, NC 27949
[phone] fax [phone]
March 22, 2006
John Dorney
Division of Water Quality
401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27669-1621

MAr? ? 3 2006
D?Ntii • YdA? t}t c ?h p'tjF,2?scN
RE: Completed PCN Application packages to request 404 wetland fill and 404 wetland shading -
Hatteras/Kinnakeet Assoc. - Kinnakeet Shores, Avon, Dare County, North
Carolina
Dear MLa(5-rney,
Please find enclosed seven copies of the completed PCN application, a check for $200.00 for
application fees, copy of Dare County tax map, authorization letter, and site plan for
Hatteras/Kinnakeet Assoc. c/o Ray Hollowell to construct improvements within Kinnakeet Shores
Resort in Avon, Dare County, North Carolina.
The proposed improvements consist of a commercial recreational facility with associated parking
to be utilized by property owners of Kinnakeet Shores Resort. In order to construct the proposed
facility, Mr. Hollowell is requesting fill in Section 404 non-riparian wetlands (0.07 ac.) and shading
non-riparian wetlands (0.01 ac.). Total wetland impacts proposed 0.08 ac.
The location of this project is west of Kinnakeet Boulevard just past the entrance to Kinnakeet
Shores Resort in Avon. I have enclosed a copy of the tax map taken from the Dare County web
site to show the existing improvements within a separate parcel, which is surrounded by the
subject site and not part of this parcel. The existing improvements parcel is owned by Greater
Kinnkeet Shores Home Owners Assoc. and is recorded as a separate parcel (see plat).
If you have any questions please do not hesitate to contact me 252-261-7707.
Sincerely,
(??c.
Roxanne D. Dorman
Atlantic Environmental Consultants, LLC
Encl.: a/s

Cc: Tom Steffens, USACOE
Carol Shaw, NCEEP
Ray Hollowell
Hatteras/Kinnakeet Assoc.
P.O. Box 1411
Manteo, NC 27954
I, Ray Hollowell authorize Atlantic Environmental Consultants, LLC (AEC) to
apply for environmental permits on my behalf for Hatteras/Kinnakeet
Associates for property within Kinnakeet Shores Resort, Avon, Dare County,
North Carolina.
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USACE Action ID No. DWQ No. V I C4 " ? I '(? D
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project: (' p
® Section 404 Permit MAR 2 3 2006
? Section 10 Permit "E" . WATER
Qu?uTy
® 401 Water Quality Certification 1tic1LAhDSANgSTO?.°fLriUALIT?CH
F1 Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
Owner/Applicant Information'
Name: Hatteras/Kinnakeet Assoc. c% Ray Hollowell
Mailing Address: P.O. Box 1411
Manteo NC 27954
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see agent info.
2. Agent 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: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kitty Hawk, NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: [e-mail]
Page 1 of 8
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks 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 clearly 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 full-size plans. If full-size plans are
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: AEC#006-022
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): #054909059439
4. Location
County: Dare County Nearest Town: Avon
Subdivision name (include phase/lot number): Phase 14, Kinnakeet Shores Resort
Subdivision
Directions to site (include road numbers, landmarks, etc. Physical address 41183
Kinnakeet Boulevard) Heading south on Hwy 12, south of Oregon Inlet, turn right at first
entrance to Kinnakeet Shores on Kinnakeet Blvd., subject site is on the left just past the
entrance to Kinnakeet Shores Resort. Parcel is currently undeveloped
5. Site coordinates, if available (UTM or Lat/Long): 35-19'55.76'N 7530'43.49'V
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Parcel is currently undeveloped, no structures currently exist on this parcel.
7. Property size (acres): 5.38 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean
9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://ii2o.enr.state.nc.us/admin/maps'.)
Page 2 of 8
10. Describe the purpose of the proposed work: Subdivision owner proposes to 611 "404" non-
riparian wetlands to construct a commercial recreational facility with associated parkin and
driveway, within the existing subdivision. Fill is necessary to prepare the site for commercial
construction.
11. List the type of equipment to be used to construct the project: Dump truck and frontend
Loader (for filling purposes), hydraulic pumps and hand tools for retaining walls.
12. Describe the land use in the vicinity of this project: commercial/residential
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 project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdiction determination has been made and a wetland plat has been signed by Tom Walker
USACE (4-27-01). Permits previously issued for Kinnakeet Shores Nationwide 14 - Action H)
200610551 issued 3/2/06 (renewed expired permit Action ID 200310562 issued 5/7/03) & DWO
Project#: 030409 to widen existing intersection Portside Drive and Starboard Drive: Nationwide
14 - Action H) 200411696 issued 8/30/04 & DWO Project#: 04-1180 to widen an existing road
and connect with highground - Cavalla Court)
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this project..
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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
Page 3 of 8
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. Wetland Impacts
Wetland Ilupact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplaun**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

1
Wetland fill
0.07
yes -1,400 feet from
the Allamic Ocean Grassed/ scrub
Nvctland

2
Shading wetlands
0.01
yes -1.400 feet Iroln
the Atlantic Ocean Grtssed/ senlb
Nvetland

* List each impact separitely and identify teunporan• impacts. Impacts include. but are not limited to: mechanized clearing. jading. fill.
excavation. flooding, ditchi ng/di-auha-e. etc. For dams. separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Enncrgencv Management Agencv's (FEMA) Flood Insurance Rate Maps
(FIRM). or FEMA-approved local tloodplaun maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
hltpJ/??Z?1v. terra. gov.
online at
*** List a wetland type that best describes wetland to be impacted (e.g.. freshwater/sal(water matslt forested wetland. beaver pond,
Carolina Bay. bog. etc.)
List the total acreage (estimated) of existing wetlands on the property: 2.1 ac.
Total area of wetland impact proposed: 0.07 acre (wetland fill) & 0.01 acre (wetland shading)
Total impacts 0.08 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ina)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Pereimial or
Intermittent?
(please secify)
N/A N/A N/A N/A N/A N/A

" List each impact separately and identify tenilxxan• impacts. Inpacts include. but are not limited to: culverts and associated rip-rap.
dams (separatch. list impacts clue to both structure and floodirng). relocation (include linear feet before and alter, and net loss/gairh).
stabilization activities (cement wall, rip-rap, crib wall. gabions. etc.). excavation- ditchunJstraighteniug, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streanns must be included.
Stream names can be found on USGS topographic maps. If a stream 1>as no name, list as UT (unmanned tributary) to the nearest
downstream named stream into ttlnich it flows. USGS maps are available through the USGS at 1-300-358-9616. or online at
"N'WW.usgs.cov. Several i nternet sites also allow direct downhload and printing of USGS maps (e.g.. %xx? .topozone.con-
NvNtiav.mapqucst.couh. etc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on tna)
Type of Impac * Area of
Impact
(acres) Name of Waterbod
y
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
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
Size of watershed draining to pond: N/A Expected pond surface area: N/A
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 minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The nronoscd impact was limited to 0.07 acre of wctland fill and 0.01 ac.of shadine of wetlands to
stay within General Permit requirements. Fill in wetlands is necess.ry for this project due to the proposed
construction of a commercial recreational facility with driveway and parking requirements, and building
setbacks within Kinnakeet Shores Resort. Fill was necessary due to a small wctland finger in the middle
of the parcel intersecting two areas of highground. Avoidance and minimization for this project includes
locatin- the recreational facility at the north end of the parcel to impact a minimum amount of wetlands.
A bridge is also proposed to avoid wctland fill by constructing a bridee 6'x 54'x 7'(decking 7'above
wetland substrate) to allow access from Phase 16, which includes shading wetlands within the proposed
bridacd area (0.01 ac). Avoidance also includes the location of the parking area within the high rg ound
area between wetlands, in two locations. The proposed recreation facility is centrally located within
Kinnakcet Shores Resort near the entrance to Kinnakect Shores within a commercial and residential
Page 5 of 8
developed area. AEC has reviewed the wetlands within this parcel on several occasions and hydric
conditions were absent within the narrow area of the wetland finger. It appears by observation by AEC,
this wetland has been a groomed area within this parcel, which does not support a significant amount of
wetland vegetation or habitat that a natural wetland would support. Silt fence will be placed at the fill
limits and wetland interface to prevent intrusion of fill material into wetlands not permitted for fill. A
rctaininiz wall will be constructed (see proposed bulkhead with -guards ul on attached site plan) along the
wetland fill interface to support a guardrail for safely purposes.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 21-1.0500, 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 March 9, 2000, 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 hacking a required mitigation plan or NCWRP
concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines
for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
littp://li2o.enr.state.nc.us/ncwetlands/strm!,?ide.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation proposed for this project will be the purchase of wetland credits from N.C. Ecosystem
Enhancement Program (NCEEP) in the amount of/. acre. AEC will submit a copy of the application package
to NCEEP to request approval to purchase wetland credits for the proposed wetland impacts.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hitp://li2o.cnr.st ite.nc.us/%v!l)/index.litni. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Page 6 of 8
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
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 (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local
bulfers 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 applicanCs
discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213.0233 (Neuse), 15A NCAC 2B
.0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/A )?
Yes ? No ® If you answered "ycs", provide the following information:
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* ( Impact
square feet) Multiplier hReluired
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
Zone I extends out 30 fast perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
Page 7 of 8
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 213.0242 or.0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
Existing impervious areas do not exist at this site. Existing tennis court and outdoor pool is not part of
this parcel. The aforementioned area has been surveyed and recorded as a separate deed not part of Phase
14, to be controlled by the Kinnakect Shores Homeowners Association. The proposed impervious areas
will be limited to the commercial buildings, driveway and parking (20%). Impervious area will not
exceed 30% lot coverage. Stormwatcr runoff will be routed from several areas from the valley and utter
system within the roof system to allow stormwater runoff to be directed to several areas on the round
adjacent to the proposed buildings to filter within the soils and grassed areas. Areas adjacent to the
parking lot will be sloped and grassed for infiltration. Silt fence and a retaining wall will be placed
behind the fill area to prevent fill material from impacting the adjacent wetlands not permitted for fill.
The site will be graded at 3:1 slope towards the front of and sides of the parcel to direct stormwater away
from the adjacent wetlands in the back of the property.
XIL Sewage Disposal (DWQ Only)
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.
This parcel is provided with central sewage system within Kinnakeet Shores
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15ANCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
Applicant/Agent's Signature .I v Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
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