20050587 Ver 1_COMPLETE FILE_20051213

??F W ATF9Q Michael F. Easley, Governor
?c ?i William G. Ross Jr., Secretary
UJ r North Carolina Department of Environment and Natural Resources
p .? Alan W. Klimek, P.E. Director
Division of Water Quality
January 30, 2006
DWQ Project # 05-0587, Ver. 2
Dare County
Bryan Parker
P.O. Box 1160
Kitty Hawk, NC 27949
Subject Property: Bryan Parker Property
Ash Swamp [030154,30-1-17, SC]
Approval of 401 Water Quality Certification with Additional Conditions - MODIFICATION
Dear Mr. Parker:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.1616 acres of wetland to prepare the site for construction of a residence as
described within your application for MODIFICATION of an existing Water Quality Certification,
dated December 9, 2005, and received by the N.C. Division of Water Quality (DWQ) on December 13,
2005. After reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3402 and 3404 (GC3402 and GC3404). The Certification(s) allows you
to use Nationwide Permit(s) NW 12 and NW 14, respectively, when issued by the US Army Corps of
Engineers (USACE). This certification replaces the certification previously issued to you on April
22, 2005 for the above-referenced property. 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 arc:
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:
Amount Approved nits Plan Location or Reference
404 Wetland 0.1616 (acres) PCN page 4 of 10
4010versight/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 htto://h2o.enr.state.nC.us/ncwetlands
One
Carolina
Nfurally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Bryan Parker
Page 2 of 3
January 30, 2006
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
2B .0233 and GC 3404;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
7. Culvert Installation
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
Bryan Parker
Page 4 of 3
January 30, 2006
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 Raleigh Regional Office at 252-946-6481.
Sincerely,
Alan W. Klimek, P.E.
AWK/Um
Enclosures: GC 3404
Certificate of Completion
cc: Kendall Turnage, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office'
File Copy
Central Files
Mike Street, DMF, P.O. Box 769, Morehead City, NC 27557
Filename: 050587 V er2BryanParkcKDare)401
Bryan Parker
Page 3 of 3
January 30, 2006
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with the Certificate of Completion form.
8. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCGO 10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http:11h2o.enr.state.nc.us/su/Forms_Documents.htm.;
9. 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.

L3
APPLICATION FORM BEGINS ONTAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.
Office Use Only; Form Version October 2001
USACE Action ID No. D`VQ No. 05 - S $1 MV 0-
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 J
1. Check all of the approval(s) requested for this project: DEC 1 3 2005
® Section 404 Permit OENR - WATER QUALITY
? Section 10 Pennit IYETU,NDSAI@STMt"tl4VATERBRANCH
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #14 and #18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: Bryan Parker
Mailing Address: PO Box 1160
Kitty Hawk NC 27949
Telephone Number: 252-261-5350 Fax Number: 252-261-5122
E-mail Address: see agent
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: Kendall Turnage
Company Affiliation: Environmental Professionals, Inc.
Mailing Address: PO Box 3368
Kill Devil Hills, NC 27948
Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address: environmentalnronearthlink.net
Page 1 of 10
III. 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 r equires i nfonnation t o b e's ubmitted o n s heets n o t arger t han 11 b y 17-inch f onnat;
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: Bryan Parker
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/.
3. Property Identification Number (Tax PIN): 986620719204
4. Location
County: Dare Nearest Town: Kitty Hawk
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Off of Hwy 158 Turn west on
Kitty Hawk Road site is 1.2 mile past the Youth Hostel
5. Site coordinates, if available (UTM or Lat/Long): 36d 4.33' 75d 43.45
(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:
Vacant wooded 9.8 acre parcel with abandoned soil path to be used for proposed access
7. Property size (acres): 9.8 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Ash Swam
9. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp:Hli2o.enr.state.nc.us/admin/maps/.)
Page 2 of 10
10. Describe the purpose of the proposed work: Wetland fill is requested to access the single
family building site and to attain septic system setbacks. Since this parcel only has one corner
touching the public right of way, access is only afforded through the dedicated easement
(shared with Mr. Clifton Perry) which will serve to access the Parker property and also the
Clifton Perry parcel Only the Parker property and the access road is to be improved by this
application The wetlands have not been identified or surveyed on the Perry parcel and no
plans currently exist to develop this property. Only one home will be built upon the 9,8 acre
Parker parcel.
11. List the type of equipment to be used to construct the project:
Dump truck front end loader
12. Describe the land use in the vicinity of this project:
Residential homes
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful inforniation. 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.
USACE jurisdictional determination--ACTION ID # 200510641 date 4/08/05
Nationwide #14 -Action ID # 200510779 date 5/14/05
Nationwide #18 -Action ID # 200510778 date 5/14/05
NCDW 3401 certification 05-0587 date 4/25/05 (approved 0.1225 ac of wetland impacts
associated with the above Nationwide #14 and 18 permits)
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 further fill permits will be required for the Parker parcel or the easement to allow for the
single family residence to be constricted
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 3 of 10
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, pennanent
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
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
Ina
Type of Impact* Area of
Impact!
(acres),: Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Earthen fill 0.00161 Yes 347 Forested wetland
B Earthen fill 0.03473 Yes 262 Forested wetland
C Earthen fill 0.05673 Yes 144 Forested wetland
D NO IMPACT N/A N/A N/A Forested wetland
E Earthen fill 0.01072 Yes 107 Forested wetland
F Earthen fill 0.00382 Yes 115 Forested wetland
G Earthen fill 0.00055 Yes 144 Forested wetland
H Earthen fill 0.00735 ! Yes 171 Forested wetland
I Earthen fill 0.00918 j Yes 172 Forested wetland
J Earthen fill 0.03691 Yes 61 Forested wetland
K NO IMPACT N/A N/A N/A Forested wetland
L NO IMPACT N/A N/A N/A Forested wetland
APPLICANT AGREES TO REMOVE WOODY DEBRIS FROM AREAS IDENTIFIED AS AREA "K" AND AREA "L"
AND PLACE NO FILL IN AREA "D"
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainagc, etc. For darns, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Flaps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at Mtn://www.fcnia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, ctc.)
List the total acreage (estimated)' of existing wetlands on the property: 4.33 acres
Total area of wetland impact proposed: 0.1616 acres
2. Stream Impacts, including all intermittent and perennial streams
Page 4 of 10
N/A
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact' Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact (please secif
N/A N/A N/A N/A
List each impact separately and identify temporary impacts. Impacts 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 after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic snaps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intcrnet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: N/
3. Open Water Impacts, including', Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres 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: nn, 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.
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 stortnwater requirement, etc.): N/A
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.
This annlication is being submitted to revise a previous Nationwide #14 and 18 permit issued to
Mr. Parker. The modification is being requested in oreder to move the proposed home closer to the
state road into a previously cleared area The wetland fill is requested to access and allow for one
Page 5 of 10
driveway, single family building site 40' X 40' garage and one septic system to be constructed on a
forested 9.8 acres The proposed development will include only one home on the 9.8 acre site and it is
the intent of the owner to have this site remain as natural as possible and he will limit vegetative clearing
and habitat destruction to only the homesite septic area and the proposed driveway which in part
follows an existing soil path/road All other wetland and upland areas to remain undisturbed and
vegetated with the existing old growth.
NATIONWIDE #14 (5852 SF)
Since this parcel only has one corner touching the public right of way, access is only afforded
through the dedicated easement which will serve the Parker property and also the Clifton Perry parcel to
the s outh o f t his p roperty. O my t he P arker p roperty and t he a ccess r oad ( in t he e asement) a re t o b e
improved by this application The wetlands have not been adequately identified or surveyed on the Perry
parcel to comment on its suitability for a building site.
The proposed fill crossing the wetlands will have to be confined to the easement and turn
northeast in the highground up to a point it converges with the highground ridge and existing soil forest
road/path At this point at which point the proposed access road alignment will meet up with an existing
soil forest path/road which winds through the forested parcel and will result in the least amount of
impact to the vegetation The soil path/road is wide enough for vehicular traffic but currently crosses a
few wetland areas alone the existin(4 course which are proposed to be filled. The proposed driveway
improvement fill from this point all the way to the homesite will follow the existing soil path and road
and will only need slight improvements to be a viable driveway. The fill associated with the soil path
will also be able to be accomplished without placing any earthen fill within the 30 ft public Trust
Shoreline Buffer This will allow for all driveway fill to be a maximum distance from the buffer and
surface waters as possible and still accomplishi the goals of the owner for a secluded driveway and
homesite nestled within the forested area' By using this existing road the applicant can limit land
disturbance of the existing old growth forest and in to have as much natural vegetation remain as can be
afforded This fill limits as shown will allow for the driveway and side slopes to be constructed and 24 "
HDPE culverts (as shown on plat) will be provided to allow for water flow and agautic life to maintain
connections to upstrem and downstream habitats.
Nationwide #18 (1192 SF)
The homesite 40 x 40 garage and septic area were designed to be accessed by the existing soil
path/road alignment to reduce vegetative disturbance and wetland fill. The applicant has already cleared
the vegetation from the proposed homesite area and partially filled a portion of the wetland areas (see
plat for explanation) T lie total wetland fill to accomplish the applicant's goals i s 1 192 SF for the
homesite area and septic setbacks.
VIII. Mitigation
Page 6 of 10
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - hi 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 detennining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or 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 Teclmical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.us/ncwetiands/stmigide.litni1.
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.
The applicant will purchase an additional 0.25 acres of in lieu mitigation credits from the
NCEEP to mitigate for the revised project. This will result in a total of 0.5 acres of mitigation
to the 0.1616 acres of impacts 'A request fonn has been mailed to the NCEEP requesting
their acceptance this mitigation option
This will result in a 3.09 to 1 ratio o mitigation to inipacts.
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 htm://h2o.enr.state.nc.us/m/index.htm. If
Page 7 of 10
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
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): 0.5 acres Total
(0.25 acres already purchased front NCEEP)
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. N/A
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required s tate and 1 ocal buffers a ssociated w ith t he p roject. T he a pplicant in ust a lso p rovide
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 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements); or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Page 8 of 10
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 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 into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
N/A
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing ---- NONE PROPOSED-- 2500 SF home and 1600 Sf garage
On a 9.8 acre site
XII. 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.
Conventional septic system proposed for site (see plat) 320 SF fill is requested to attain 50 ft
septic setbacks
XIII. 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 ?
Page 9 of 10
(Partial)
(Majority of impacts previously approved)
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).

'?4 C?Vt -7- )
/? 5_
Applicant/Agent's Signature Dater
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
I, Bryan Parker hereby authorize Environmental Professionals, Inc. to apply for a
Nationwide fill permit on my behalf.
Signatu e
DS ?23 oS?
Date
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
- Action"Id: 200510641 County : Dare U.S.G.S. Quad: Kitty Hawk" -- ---- -
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Bryan Parker
Address: Post Office Box 1160
Kitty Hawk, North Carolina 27949
Telephone No.: 252-261-5350
Property description:
Size (acres) 9.8 Nearest Town Kitty Hawk
Nearest Waterway Jean Guite Creek River Basin Pasgnotank
USGS HUC 03010205 Coordinates N 36.071472 W 75.723787
Location description Property contains 9.8 acres located on the north side of Kitty Hawk Road (NCSR 1208) and
south of Twiford Road (NCSR 1207) in Kitty Hawk. Dare County, North Carolina. P1N # 986620719204. Wetlands are
connected to .lean Guite Creek.
Indicate Whicli of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtahi a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest-you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 4/8/2005. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Page 1 of 2
- - a Action U', 200510641._.... - - - - ------ ---- - - -
s
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Wescott at [phone] ext.25.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual
and is part of a broad continuum of wetlands connected to the Jean Cuite Creek which connects to Kitty Hawk Bay and
the Albemarle Sound.
Remarks:
Corps Regulatory Official:
Date 04/08/2005 Expiration Date 04/08/2010
Copy Furnished:
Environmental Professionals, Inc.
Page 2 of 2
U.S. ARMY! CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 20051,0779 County: Dare
USGS Quad: Kitty Hawk
k6o
1,K
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Bryan Parker
Address: Post Office Box 1160
Ditty Hawk, North Carolina 27949
Telephone No.: 252-261-5350
Size and location of property (water body, road name/number, town, etc.): 9.8 acre parcel located on the north side of
Kitty Hawk Road (NCSR 1208), in Kitty Hawk, Dare County, North Carolina. PIN # 986620719204. Wetlands on
the property are adjacent to Ash Swamp and Jean Guite Creek which connect to Kitty Hawk Ray and the
Albemarle Sound.
Description of projects area and activity: Fill 0.11 acre of Section 404 jurisdictional wetlands for driveway
construction.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
wider construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionaryauthority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 extension 25.
Corps Regulatory Official W, S Date: 05/14/2005
Expiration Date of Verification: 03/18/2007
Page 1 of 2
t Determination of Jurisdiction:
? 'Led on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
TMs preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 4/8/2005. Action ID 200510641
Basis of Jurisdictional Determination: Areas contain the tbree parameters specified in the USACE 1987 Wetland Delineation
Manual and are adiacent to Ash Swamn and .lean Gnite Crcek which connect to Kittv Hawk Bav and the Albemarle Sound
Corps Regulatory Official:
'S
Date 05/14/2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Environmental Professionals, Inc.
North Carolina Division of Water Quality
North Carolina Ecosystem Enhancement Program
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200510778 County: Dare
USGS Quad: Kitty FTawlc
Cox
Q
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Bryan Parker
Address: Post Office Box 1160
Kitty Hawk, North Carolina 27949
Telephone No.: 252-261-5350
Size and location of property (water body, road name/number, town, etc.): 9.8 acre parcel located on the north side of
Kitty FTawlc Road (NCSR 1208), in Kitty Hawk, Dare County, North Carolina. PIN # 986620719204. Wetlands on
Albemarle Sound.
Description of projects area and activity: Fill 0.007 acre of Section 404 jurisdictional wetlands for septic setback.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date'; of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616, extension 25.
r
Corps Regulatory Official ??Jl.r V?/ w ?S. Date: 0511412005
Expiration Date of Verification: 03/18/2007
Page 1 of 2
` fJ I
J t r; " ` Determination of Jurisdiction:
?'used on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
T hIs preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference.
jurisdictional determination issued 4/8/2005. Action ID 200510641
Basis of Jurisdictional Determination: Areas contain the three parameters specified in the USACE 1987 Wetland Delineation
Mnnnal and are adincent to Ash Swamn and Jean Gnite Creek which connect to Kittv Tfawk Bav andthe Albemarle Sound
Corps Regulatory Official: V\J-Wlk- (/1/ -. `l, (,V 15,
Date 05/14/2005
I
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Environmental Professionals, Inc.
North Carolina Division of Water Quality
North Carolina Ecosystem Enhancement Program

Page 2 of 2
W AT ?RQG
(6.wa
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 22, 2005
Bryan Parker
Post Office Box 1160
Kitty Hawk, NC 27949
Subject Property: Property Id # 986620719204
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Parker:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0587
Dare County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.1225 acres of wetlands for the purpose of site preparation for residential
construction at the subject property, as described within your application dated April 4, 2005 and received
by the N.C. Division of Water Quality (DWQ) on April 7, 2005. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)3404 and
3402 (GC3404 and 3402). The Certification(s) allows you to use Nationwide Permit(s) 14 and 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, and Non-discharge 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:
Amount Approved (Units) Plan Location or Referenc

1 404/CAMA Wetlands 1
0.1225 (acres) e
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
No"` Carolina
?turally
Bryan Parker
Page 2 of 3
April 22, 2005
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules .occur. '
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. 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/Wetlands 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
i
i
Bryan Parker
Page 3 of 3
April 22, 2005
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 in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens or Kyle Barnes in the DWQ Washington Regional Office at 252-9,16-6481.
Sincerely,
A ranW"Klim/ek, P.E.
AWKIcbk/bs
Enclosures: GC 3402 and 3404
Certificate of Completion
cc: Kendall Turnage, Environmental Professionals, Post Office Box 3368 Kill Devil Hills, NC 27948
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 05-0587 Bryan Parker (Dare) 401
i
ENVIROJIBITAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 27948
[phone]
FAX [phone]
TO IV C D vJ Q U't R 'DL. DS - D s s 1
l U I V V e- 4- I a lA cC S -?-
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WE ARE SENDING YOU /Attached ? Under separate cover via _
? Shop drawings ? Prints ? Plans
? Copy of letter ? Change order ?
COPIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED as checked below:
XFor approval
? For your use
? As requested
? For review and comment
? FORBIDS DUE

REMARKS
Clot<-'?'AT.ft Qi;ALI i ,
? c6piesJoP-approval
? Submit copies for distribution
? Return corrected prints
? PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
? Approved as submitted
? Approved as noted
? Returned for corrections

DATE
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ATTENTION
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? Samples
the following items:
? Specifications

APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Office Use Only; Form Version October 2001
USACE Action ID No. DWQ No. U?-iL a- OS ^ 0S 9,7
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
Q 1711 D
1. Check all of the approval(s) requested for this project:
® Section 404 Permit DEC 1 3 2005
? Section 10 Permit
DENR . NAI tk QUALITY
® 401 Water Quality Certification WETUM3M IDSTCRI,t'NATERLWICH
? Riparian or Watershed BufferRules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 414 and #18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: Bryan Parker
Mailing Address: PO Box 1160
Kitty Hawk, NC 27949
Telephone Number: 252-261-5350 Fax Number: 252-261-5122
E-mail Address: see agent
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: Kendall Turnage
Company Affiliation: Environmental Professionals, Inc.
Mailing Address: PO Box 3368
Kill Devil Hills, NC 27948
Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address: environmentaIpronearthlink.net
Page 1 of 10
III. 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 r equires i nformation t o b e s ubmitted o n s heets n o t arger t han 11 b y 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: Bryan Parker
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 986620719204
4. Location
County: Dare Nearest Town: Kitty Hawk
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Off of Hwy 158 Turn west on
Kitty Hawk Road, site is 1.2 mile past the Youth Hostel
5. Site coordinates, if available (UTM or Lat/Long): 36d 4.33' 75d 43.45
(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:
Vacant. wooded 9.8 acre parcel with abandoned soil path to be used for proposed access
7. Property size (acres): 9.8 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Ash Swam
9. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 10
i
10. Describe the purpose of the proposed work: Wetland fill is requested to access the single
family building site and to attain septic system setbacks. Since this parcel only has one corner
touching the public right of way access is only afforded through the dedicated easement
(shared with Mr. Clifton Perry) which will serve to access the Parker property and also the
Clifton Perry parcel Only the Parker property and the access road is to be improved by this
application The wetlands have not been identified or surveyed on the Perry parcel and no
plans currently exist to develop this property. Only one home will be built upon the 9,8 acre
Parker parcel
11. List the type of equipment to be used to construct the project:
Dump truck, front end loader
12. Describe the land use in the vicinity of this project:
Residential homes
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE jurisdictional determination-ACTION ID # 200510641 date 4/08/05
Nationwide #14 -Action ID # 200510779 date 5/14/05
Nationwide #18 -Action ID # 200510778 date 5/14/05
NCDWQ 3401 certification 05-0587 date 4/25/05 (approved 0.1225 ac of wetland impacts
associated with the above Nationwide #14 and 18 permits)
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 further fill permits will be required for the Parker parcel or the easement to allow for the
single family residence to be-constructed.
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 3 of 10
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
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
ma
Type of Impact* Area of
Impact'
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Earthen fill 0.00161 Yes 347 Forested wetland
B Earthen fill 0.03473 Yes 262 Forested wetland
C Earthen fill 0.05673 Yes 144 Forested wetland
D NO IMPACT N/A N/A N/A Forested wetland
E Earthen fill 0.01072 Yes 107 Forested wetland
F Earthen fill 0.00382 Yes 115 Forested wetland
G Earthen fill 0.00055 Yes 144 Forested wetland
H Earthen fill 0.00735 Yes 171 Forested wetland
I Earthen fill 0.00918 Yes 172 Forested wetland
J Earthen fill 0.03691 Yes 61 Forested wetland
K NO IMPACT N/A N/A N/A Forested wetland
I L NO IMPACT N/A N/A N/A Forested wetland
APPLICANT AGREES TO REMOVE WOODY DEBRIS FROM AREAS IDENTIFIED AS AREA "K" AND AREA "L"
AND PLACE NO FILL IN AREA "D"
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fenia.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, ctc.)
List the total acreage (estimated) of existing wetlands on the property: 4.33 acres
Total area of wetland impact proposed: 0.1616 acres
2. Stream Impacts, including all intermittent and perennial streams
Page 4 of 10
N/A
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact 1, Stream Name** of Stream Intermittent?
indicate on ma) linear feet Before Impact (please secif
N/A N/A N/A N/A
List each impact separately and identify temporary impacts. Impacts 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 after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic snaps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.eov. Several intemct sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com,
www.mapquest.com, etc.).
I
Cumulative impacts (linear distance in feet) to all streams on site: N/A
3. Open Water Impacts, including, Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
indicate on ma acres 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 tumted to: fu, 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.
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
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. Tle 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.
This annlication is being submitted to revise a previous Nationwide #14 and 18 Permit issued to
Mr. Parker. The modification is being requested in oreder to move the proposed home closer to the
state road into a previously cleared area ! The wetland fill is requested to access and allow for one
Page 5 of 10
driveway, a single family building site 40'? X 40' garage and one septic system to be constructed on a
forested 9.8 acres The proposed development will include only one home on the 9.8 acre site and it is
the intent of the owner to have this site remain as natural as possible and he will limit vegetative clearing
and habitat destruction to only the homesite septic area and the proposed driveway which in part
follows an existing soil path/road All other wetland and upland areas to remain undisturbed and
vegetated with the existing old growth.
NATIONWIDE #14 (5852 SF)
Since this parcel only has one comer touching the public right of way, access is only afforded
thrown the dedicated easement which will serve the Parker property and also the Clifton Perry parcel to
the s outh o f this p roperty. Only the P arker p roperty and the access road (in the e asement) are to b e
improved by this application The wetlands have not been adequately identified or surveyed on the Perry
parcel to comment on its suitability for a building site.
The proposed fill crossing the wetlands will have to be confined to the easement and turn
northeast in the higliground up to a point it converges with the higliground ridge and existing soil forest
road/path At this point at which point the proposed access road alignment will meet up with an existing
soil forest path/road which winds through' the forested parcel and will result in the least amount of
impact to the vegetation The soil path/road is wide enough for vehicular traffic but currently crosses a
few wetland areas along the existing course which are proposed to be filled. The proposed driveway
improvement fill from this point all the way to the homesite will follow the existing soil path and road
and will only need slight improvements to be a viable driveway. The fill associated with the soil path
will also be able to be accomplished without placing any earthen fill within the 30 ft public Trust
Shoreline Buffer This will allow for all driveway fill to be a maximum distance from the buffer and
surface waters as possible and still accomplish the goals of the owner for a secluded driveway and
homesite nestled within the forested area By using this existing road the applicant can limit land
disturbance of the existing old growth forest and in to have as much natural vegetation remain as can be
afforded This fill limits as shown will allow for the driveway and side slopes to be constructed and 24 "
HDPE culverts (as shown on plat) will be provided to allow for water flow and agautic life to maintain
connections to upstrem and downstream hAtats.
Nationwide #18 (1192 SF)
The homesite 40 x 40 garage and septic area were designed to be accessed by the existing soil
path/road alignment to reduce vegetative disturbance and wetland fill. The applicant has already cleared
the vegetation from the proposed homesite' area and partially filled a portion of the wetland areas (see
plat for explanation) T he total wetland fill to accomplish the applicant's goals i s 1 192 SF for the
homesite area and septic setbacks.
VIII. Mitigation
Page 6 of 10
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to peretuiial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pennits, 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 consideredin determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or 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
littl2://li2o.enr.state.iie.us/ncwetlaiids/stmi,gide.litml.
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.
The applicant will purchase an additional 0.25 acres of in lieu mitigation credits from the
NCEEP to mitigate for the revised project This will result in a total of 0.5 acres of mitigation
to the 0.1616 acres of impacts A request form has been mailed to the NCEEP requesti g
their acceptance this mitigation option
This will result in a 3.09 to I ratio of mitigation to 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 htt3://h2o.enr.state.nc.us/M/index.htm. If
Page 7 of 10
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
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): 0.5 acres Total
(0.25 acres already purchased f-om NCEEP)
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. N/A
Yes ? No ? j
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
N/A
.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. T he 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
(Meuse), 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 ® 1 If you answered "yes", provide the following information:
Page 8 of 10
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 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.
i
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 into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
AT/ A
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.
Existina ---- NONE PROPOSED-- 2500 SF home and 1600 Sf garage
On a 9.8 acre site
XII. 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.
Conventional septic system proposed for site (see plat) 320 SF fill is requested to attain 50 ft
septic setbacks
XIII. 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 ?
Page 9 of 10
(Partial)
(Majority of impacts previously approved)
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).
N/A
7(? ? ?_

Applicant/Agent's Signature oll ,i Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
fessionals, Inc. to apply for a
Date

-- __ Action Id: 700510641-
Property Owner/Agent
Address:
Telephone No.:
Property description:
U.S. ARMY CORPS OF ENGIN' ERS
WILMINGTON DISTRICT
onn..,
County; Dare U.S.G.S. Quad: Kitty Hawlt
NOTIFICATION OF JURISDICTIONAL DETERMINATION
I
Bryan Parker
Post Office Box 1160
Kitty Hawk, North Carolina 27949
252-261-5350

Size (acres) 9.8 Nearest Town Kitty Hawk
Nearest Waterway Jean Guite Creek River Basin Pasmnotank
USGS HUC 03010205 Coordinates N 36.071472 W 75.723787
Location description Property contains 9.8 acres located on the north side of Kitty Hawk Road (NCSR 1208) and
south of Twiford Road (NCSR 1207) in Kittv Hawk. Dare County. North Carolina. PIN # 986620719204. Wetlands arc
connected to .Tenn Guite Creek.
Indicate Which of the Following Apply:
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest-you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction oil your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surve)?cd and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 4/8/2005.'' Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification. 1
t
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requirements.
Page 1 of 2
+? 1
-----------
- --? , -Action200>10641--
s
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
deternhiation and/or the Corps regulatory program, please contact William Wescott at [phone] ext.25.
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Mannal
and is part of a broad continuum of wetlands connected to the Jean suite Creek which connects to Kitty Hawk Bay and
the Albemarle Sound.
Remarks:
Corps Regulatory Official: tom. V r ?`? ' ?'
Date 04/08/2005 Expiration Date 04/08/2010
Copy Furnished:
Environmental Professionals, Inc.
k
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT CO
Action ID. 200510779 County: Dare USGS Quad: Kitty Hawk
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Bryan Parker
Address: Post Office Box 1160
Kitty Hawk, North Carolina 27949
Telephone No.: 252-261-5350
Size and location of property (water body, road name/number, town, etc.): 9.8 acre parcel located on the north side of
Kitty Hawk Road (NCSR 1208), in Kitty Hawk. Dare Count-v. North Carolina. PIN # 986620719204. Wetlands on
the property are adiacent to Ash Swann and Jean Guite Creels which connect to Kittv Hawk Bav and the
Albemarle Sound.
Description of projects area and activity: Fill 0.11 acre of Section 404 jurisdictional wetlands for driveway
construction.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors .Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached .
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified;
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the dateof the nationwide permit's expiration, modification or revocation, unless
discretionary.authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the pcrmittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 extension 25.
Corps Regulatory Official W, S • Date: 05114120050
Expiration Date of Verification: 03/18/2007
Page 1 of 2
Determination of Jurisdiction:
?`!based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification. j
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (C WA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
i
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference.
jurisdictional determination issued 4/8/2005. Action ID 200510641
i
Basis of Jurisdictional Determination: Areas contain the three parameters specified in the USACE 1987 Wetland Delineation
Manual and are adlacent to Ash Swam 12 and Jean Gg ite Creek which connect to Kit Hawk Bay and the Albemarle Sound
r
Corps Regulatory Official: ),S,
Date 05/14/2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Environmental Professionals, Inc.
North Carolina Division of Water Quality
North Carolina Ecosystem Enhancement Program
Page 2 of 2
i
U.S. ARMY, CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200510778 County: Dare
USGS Quad: Kitty Hawk

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Bryan Parker
Address: Post Office 'Box 1160
Kitty Hawk, North Carolina 27949
Telephone No.: 252-261-5350
Size and location of property (water body, road name/number, town, etc.): 9.8 acre parcel located on the north side of
Kitty flawk Road (NCSR 1208), in Kitty Hawk. Dare Countv. North Carolina. P1N 11986620719204. Wetlands on
the property are adiacent to Ash SwamD and Jean Guite Creek which connect to Kitty Hawk Bav and the
Albemarle Sound.
Description of projects area and activity: Fill 0.007 acre of Section 404 iurisdictional wetlands for septic setback.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date',, of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginnhig work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits. I
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 extension 25.
Corps Regulatory Official WL,
Expiration Date of Verification: 03/18/2007
'W'S, Date: 05/14/2005
Page 1 of 2
J t Determination of Jurisdiction:
bra ? .. Y
?` gsed on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
?
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference.
jurisdictional determination issued 4/8/2005. Action ID 200510641
Basis of Jurisdictional Determination: Areas contain the three Parameters specified in the USACF, 1987 Wetland Delineation
NInnnA and nre adiacent to Ash Swamn and.lean Gnite Creck which connect to Kittv Hawk Bav and the Albemarle Sound
Corps Regulatory Official:
Date 05/14/2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Environmental Professionals, Inc.
North Carolina Division of Water Quality
North Carolina Ecosystem Enhancement Program
Page 2 of 2
O?Oi' ?9QG
Bryan Parker
Post Office Box 1160
Kitty Hawk, NC 27949
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
•
j Alan W. Klimek, P.E. Director
j Division of Water Quality
April 22, 2005
DWQ Project # 05-0587
Dare County
Subject Property: Property Id # 986620719204
I
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Parker:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.1225 acres of wetlands for the purpose of site preparation for residential
construction at the subject property, as described within your application dated April 4, 2005 and received
by the N.C. Division of Water Quality (DWQ) on April 7, 2005. After reviewing your application, we'
have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 and
3402 (GC3404 and 3402). The Certification(s) allows you to use Nationwide Permit(s) 14 and 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, and Non-discharge 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:
Amount Approved (Units) Plan Location or Reference
404/LAMA Wetlands 0.1225 (acres)
4010versight/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: htto:flh2o.enr.sta?e.nc.us/ncwotlands
l?o `hCaroIina
Ngtura!!y
Bryan Parker
Page 2 of 3
April 22, 2005
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices; shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. 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/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth inay 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
Bryan Parker
Page 3 of 3
April 22, 2005
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 in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens or Kyle Barnes in the DWQ Washington Regional Office at 252-9,16-6481.
Sincerely,
AW Klcbk/bs
Enclosures:
GC 3402 and 3404
Certificate of Completion
/r
A ran W. Klimek, P.E.
cc: Kendall Turnage, Environmental Professionals, Post Office Box 3368 Kill Devil Hills, NC 27948
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 05-0587 Bryan Parker (Dare) 401