20060177 Ver 1_COMPLETE FILE_20060203

rolt 'I*-
Ron Forlano
Sunset Partners, LLC
1378 Duck Road
Duck, NC 27949
Ecomtem-
`PROGRAM
RECEIPT
June 6, 2006
DWQ#: 06-0177
COE#: 200610770
ILF#:ILF-2006-4239
Project: 100 Lovers Lane County: Dare
1?. d
O LP - O 1 '1 '1
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $9,842.25, check
number 1047, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.

C
t
l
i Wetlands (credits) Stream (credits)
River Basin a
a
og
ng
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm Buffer
(sq. ft.)
Riparian Marsh
Pasquotank
03010205 0 0 0.56 0 0 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
cerely, ?if D A-
W li m D. Gilmore, PE
cc:
re or
cc: Cyndi Karoly, Wetlands/401 Unit "' ?'
Tom Steffens, USACE - Washington
Kyle Barnes, DWQ Regional Office - Washington
Doug Huggett, Division of Coastal Management - Morehead City
File
R.P"tDYGKg... E "... PYDtP.Gt, Oar State
a %?5
t ass ©TA
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WNW
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
A
NOTES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAIMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET "D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPERTY IS LOCATED IN FIRM ZONE AE (9) AS PER PANEL 375348 0114D
DATED APRIL 2, 1993. SUBJECT TO CHANGE BY FEMA.
5. AREAS CALCULATED BY COORDINATE METHOD.
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY.
7. TOTAL AREA TO BE FILLED IS 12,001 SF OR 0.28 AC. AREAS SHOWN HEREON TO
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY.
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY.
1
,j"A?SP?9
Q0.

MAR 2 0 2006
1' 1Iw S" WATER QATERUALITy
?5 '00-E. 25.05'
26'36"E, 20.0
F'RLP00n> A5 R/`N
rOR LOwMS LAFF
? 4, ?, CAS '`%a
100 0
GRAPHIC SCALE
100 200
(IN FEET)
1 INCH = 100 FT.
DaSTTJh 6X ROAP i
-: lb'emarle SCABB = 100'
& ASSOCIATES, LTD.
Engineering - Surveying - Land Planning DATE 12/21/05
115 West Saint Clair SL Phone: [phone] REV 2/28/06
P.O. Box 3989 Fax: [phone] FsuRVEYED
Kill Devil Hills, NC 27948 www.albal.us JBM
RLL PER411T RA
SUAGET LLC
PARCEL 2, 14VONGUEL SLEDINO N
DRAWN FILE NO.
TLF 74208 SHEET NO.
CHECKED CAD FILE 1 OF 2
JMD 74208-404(FP)
NOTES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAIMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET "D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPERTY IS LOCATED IN FIRM ZONE AE (9) AS PER PANEL 375348 0114D
DATED APRIL 2. 1993. SUBJECT TO CHANGE BY FEMA.
5. AREAS CALCULATED BY COORDINATE METHOD.
6. THIS SURVEY
7. TOTAL AREA TO BE FILLED IS 12,001 SF OR 0.28 AC. AREAS SHOWN HEREON TO
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY.
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY.
N% t 1 v"i 1 v' /r''?r
J rNY •? ,.
r?•1? j+:: P i F r 9t`1?:
1 150
(IN FEET)
1 INCH = 150 FT.
600

r. lbeinarle
& ASSOCIATES, LTD.
Engineering - Surveying - Land Planning
115 West Saint Clair SL Phone: [phone]
P.O. Box 3989 Fax: [phone]
Kill Devil Hills, NC 27948 www.albal.us
LcmTY a usTm rmlm5 w TW- alts Cr caJ &T*6N
DD• ?I pe. 11 PL. G C- tLe
NOTE
THE PROPOSED 1200 SF BUILDING PAD AND DRIVEWAY LOCATIONS
ARE CONCEPTUAL ONLY. THE ACTUAL LOCATIONS MAY DIFFER.
GRAPHIC SCALE
0 75 150 300
s'
0?WA11R
?G v
O `C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 15, 2006
DWQ Project # 06-0177
Dare County
Mr. Robert J. Lunden
100 Lovers Lane
Colington, NC 27948

Mr. Ron Forlano
Sunset Partners, LLC
1378 Duck Road
Duck, NC 27949
Subject Property: Sunset Partners, LLC
Blount Bay [030156, 30-21-1-1, SC]
Approval of 401 Water Quality Certification with Additional Conditions
Gentlemen:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.28 acres of wetland for the purpose of constructing residential development
at the subject property, as described within your application dated January 30, 2006, and received by the
N.C. Division of Water Quality (DWQ) on February 3, 2006, with more information received by the.
DWQ on March 7, 2006. After reviewing your application, we have decided that the impacts are covered
by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to
use Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-
discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be-given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 21-1.0506 (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 N°ne Carolina
N wra!!y
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper
Sunset Partners, LLC
Page 2 of 3
March 15, 2006
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/CAMA Wetlands 0.28 (acres) PCN page 4 of 8
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. 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.statc.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project;
4. 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.
5. 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;
6. 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;
y
Sunset Partners, LLC
Page 3 of 3
March 15, 2006
7. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
AWK/ijm
Enclosures: GC 3404
Certificate of Completion
Sincerely,
. GG?ti(f
an W. Klimek, P.E.
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Roxanne Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Filename: 060177SunsetPannersLLC(Dare)401
r
401 ]H L r???
LD
r t3° ? rn t:A'auN
'mot tl_-
FU-SACE Action ID No. DWQ No. 2 0 0 6 0 1 7 7
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4: If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
H. Applicant Information
1. Owner/Applicant Information (pa.,cep ? )
Name: Owner(s): Robert J. Lunden (Parcel 2) Applicant: Sunset Partners, LLC
Mailing Address: 100 Lovers Lane c/o Ron Forlano
Colington, NC 27948 1378 Duck Road
(Parcel l) Evelyn Carlisle/Brent Wiggins/Cathy Eubanks 'Duck., PC- 2.'7 a qq
3509 Sloan Street Kinston NC 28504
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see agent info.
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kitty Hawk. NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: [e-mail]
Page 1 of 8
IIL Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Partners, LLC c/o Ron Forlano (AEC#06-004)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PN: 4987307570554 (Parcel 2) #987307570954 (Parcel 1)
4. Location
County: Dare County Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number): Parcels 2, (portion of parcel 1), Wilton Gaimel
Subdivision
Directions to site (include road numbers, landmarks, etc. Heading, west on Colington Road
take a left on Schoolhouse Lane project site is located on the corner of ColinQton Road and
Lovers Lane (tract located behind the Colington Volunteer Fire Station)(100 Lovers Lane).
ROW area (easement) to be purchased from property owners of Parcel 1, to create a
subdivision access road to meet local and state requirements.
5. Site coordinates, if available (UTM or Lat/L.ong): 3600'29.69"N 75-42'7.66'W
(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:
The majority of the tract is undeveloped mature forest, excluding _a single-family residential
dwelling, garage and retaining wall. This tract is currently zoned R-1
7. Property size (acres): 14.6 acres (parcel 2) 0.22 ac (parcel 1 *area to be acquired only)
8. Nearest body of water (stream/river/sound/ocean/lake): Blount Bay
9. River Basin: Pasquotank River Basin
Page 2 of 8
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Fill in Section "404" wetlands to prepare the
site for access road to access 11 single-family residential lots.
11. List the type of equipment to be used to construct the project: Dump truck, frontend
loader with box blade.
12. Describe the land use in the vicinity of this project: undeveloped/residential/commercial
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdiction determination has been made by Tom Steffens, USACE (10-11-05), however, no
Action ID number is available at this time. No prior permits obtained for this tract.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
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.
Page 3 of 8
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-}ai **
Flooes/no) Distance to
Nearest Stream
(linear feet)
Type of Welland***
1 (parcel 1) Wetland fill 0.054 ac. yes 225 feet from
Blount Bay Forested wetland
2 (parcel 2) wetland fill 0.22 ac. yes 600 feet from
Blount Bay Forested wetland

* List each impact separately and identite 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 floodpl<ains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Mauls
(FIRM), or FEMA approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-353-9616, or
online at httn://wiinv.fema.gov.
*' * List a wetland type that best describes wetland to be impacted (e.g.. freshwater/saltivater marsh., forested ctetland, beaver pond-
Carolina Bay; boll. etc.)
List the total acreage (estimated) of existing wetlands on the property: 7.73 acres (parcel 2)
Total area of wetland impact proposed: 0.28 acre total (0.54 ac. parcel 1 + 0.22 parcel 2)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(Iinear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent'?
(please sify)
N/A N/A NIA 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.
darns (separately list impacts due to both structure and floodin(y). relocation (include linear feet before and after. and net loss/gain),
stabilization activities (cement xmli. rip-rap. crib wall. gabions. etc.). excavation, ditchunJstraightening, 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 maps. If a streaun has no name- list as UT (unmanned tributary) to the nearest
downstream named stream into xulnich it flows. USGS maps are available through the USES at 1-800-353-9616, or online at
w\titv.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g.. Nvv.-w.topozone.com.
NNiNw.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Page 4 of 8
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
y
{if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A NIA N/A NIA N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impact was limited to a total of 0.28 acre. Wetland fill is necessary to construct an access road
for subdivision development Due to the extensive amount of wetlands, convoluted areas of wetland fingers
through highground, and access highground beyond the existing single-family dwelling; wetland fill is necessary to
prepare the site for an access road to access 11 residential lots. The width of the proposed road is necessary based
posed ROW. Silt fence will be
on state and local Right of Way (ROW) requirements. All fill to be within the pro
placed at the base of the fill sloe (2:1) to prevent intrusion of fill material into wetlands not permitted for fill.
Page 5 of 8
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://`h2o.enr.state.nc.us/ncwetlands/stnuizide.hti-nl.
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.
Compensatory mitigation proposed to offset the wetland impacts will be the purchase of wetland credits
from N.C. Ecosystem Enhancement Program (NCEEP). A copy of this application package will be submitted
to NCEEP for their review for acceptance. Once NCEEP approves this project to purchase wetland credits and
permits are obtained, the responsible party of this impact will purchase '/ acre of wetlands (wetland credit) as
compensato, g mitigation.
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 httn://ti2o.eiu.state.nc.us/Nv index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Page 6 of 8
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): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local
buffers associated with the project. The applicant must also provide justification for these impacts in Section VII
above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan.
All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the
DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's
discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B
.0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/A V
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required
calculate the required amount of mitigation by applying the buffer multipliers.
Zone*
(square feet) Impact
Multiplier
Required
1 N/A 3 NIA
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
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
Page 7 of 8
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B .0242 or.0260.
No buffer mitigation required for this project since disturbance/fill is not within the buffer.
XL Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious surfaces are limited to Lot 7, existing house (2.700 s.f.),araae 0400 s.f.)
and parking (---600 s .f) = Total 3,700 s.f. Existing, Impervious surfaces. Initial impervious
surfaces will be limited to the construction of the access road 28,000 s.f.. Future impervious
surfaces will be determined by the individual residential landowner.
XH. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
This project does not directly involve wastewater. Once lots are sold, on site septic will be
utilized by individual lot owners.
XIIL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
No constraints are currently associated with this project

Applicant/Agent's Signature U Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
MOTES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAIMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET "D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPERTY IS LOCATED IN FIRM ZONE AE (9) AS PER PANEL 375348 0114D
DATED APRIL 2, 1993. SUBJECT TO CHANGE BY FEMA.
5. AREAS CALCULATED BY COORDINATE METHOD.
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY.
7. TOTAL AREA TO BE FILLED IS 12,001 SF OR 0.28 AC. AREAS SHOWN HEREON TO
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY.
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY.
1
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100 0
GRAPHIC SCALE
100 200
(IN FEET)
1 INCH = 100 FT.
E05" SM ROAD i
lbemarle
& ASSOCIATES, LTD.
Engineering - Surveying - Land Planning
115 West Saint Clair SL Phone: [phone]
P.O. Box 3989 Fax: [phone]
Kill Devil Hills, NC 27948 www.albal.us
N07ES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAJMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET *D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPS
DATED APRIL
5. AREAS CALCULATED BY COORDINATE METHOD.
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY.
7. TOTAL AREA TO BE FILLED IS 12.001 SF OR 0.28 AC. AREAS SHOWN HEREON TO
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY.
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY.
?i?+dllit,,
% {-.e v jttttttiltlt?j??1
150 0 75
LrtRTYC IS G mlofll 1 113
TM al" Cr GAlr5ratr
PG. 6 i a_ 9-e
NOTE t
THE PROPOSED 1200 SF BUILDING PAD AND DRIVEWAY LOCATIONS
ARE CONCEPTUAL ONLY. THE ACTUAL LOCATIONS MAY DIFFER.
GRAPHIC SCAT F
150 300
(IN FEET)
1 INCH = 150 FT.
600

a;
_ lbe'marle
& ASSOCIATES, LTD.
Engineering - Surveying - Land Planning
115 West Saint Clair St Phone: [phone]
P.O. Box 3989 Fax: [phone]
Kill Devil Hills, NC 27948 www.albal.us
nrOTES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAIMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET "D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPERTY IS LOCATED IN FIRM ZONE AE (9) AS PER PANEL 375348 0114D
DATED APRIL 2, 1993. SUBJECT TO CHANGE BY FEMA.
5. AREAS CALCULATED BY COORDINATE METHOD.
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY.
7. TOTAL AREA TO BE FILLED IS 12,001 SF OR 0.28 AC. AREAS SHOWN HEREON TO
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY.
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY.
0
100
1 ti
1 1?
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0 \ 110?
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44
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,
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?\ 1783 SFf PA 3 9 p ?Fp
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? ? q.1?relP1??F?
GRAPHIC SCALE G ? j
50 100 200
400 . '
0 lb'emarle
.?:,? •.r?', i?L\\G\` ` & ASSOCIATES, LTD.
Engineering - Surveying - LandPlanning
(IN FEET) 115 West Saint Clair St Phone: [phone]
P.O. Box 3989 Fax: [phone]
1 INCH = 100 FT. Kill Devil Hills, NC 27948 www.albal.us
QA-
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c,
NOTES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAIMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET "D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPERTY IS LOCATED IN FIRM ZONE AE (9) AS PER PANEL 375348 0114D
DATED APRIL 2, 1993. SUBJECT TO CHANGE BY FEMA.
q
5. AREAS CALCULATED BY COORDINATE METHOD. • ` $
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY. Ae -Y
7. TOTAL AREA TO BE FILLED IS 12,001 SF OR 0.28 AC. AREAS SHOWN HEREON TO e`?Q
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING 1 Q ??? ?r
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY. ` • is
r , 'qqq' HB? g?
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY. ` • ? , I .eJe? , 572:r*
. /
?fSV I ,\ r , ??31• r o?'?d ,,?gti 8'17•E: 288.25'=
1 r r?
? ?/k- S58'28'17'W 18.82
PA 110 M. 056
783 srt
,, 3765 6Ft / - O W SFt S* O 1> h
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1 yN
445 M 5-54
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1'9.70 67.7Y t • 3.4• ? 45t-w • PI.K .1' 'µ ?•
S4712'44W 379.42' S47'09'44W 10M.27 54581'1311 J11.8T'
? y
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I `e11111ttIfff
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16759
GRAPHIC SCALE "s a
150 0 75 150 300 600 •' .s' /? 1?3" '
,'.
?•' " lbemarle
:... r°f?f,trll?.01s?° & ASSOCIATES, LTD.
Engineering - Surveying - Land Planning
(IN FEET) 115 West Saint Clair SL Phone: [phone]
P.O. Box 3989 Fax: [phone]
1 INCH = 150 FT. Kill Devil Hills, NC 27948 www.albal.us

401 ISSUED .,

y }
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4, If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information (pa,,cei 2)
Name: Owner(s): Robert J. Lunden (Parcel 2) Applicant: Sunset Partners, LLC
Mailing Address: 100 Lovers Lane c/o Ron Forlano
Colington, NC 27948 1378 Duck Road
(Parcel 1) Evelyn Carlisle/Brent Wiggins/Cathy Eubanks 'Puck-, PC, 7--i l qq
3509 Sloan Street Kinston NC 28504
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see agent info.
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants LLC
Mailing Address: P.O. Box 3266
Kitty Hawk, NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: [e-mail]
Page 1 of 8

UL Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included- If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Sunset Partners, LLC c/o Ron Forlano (AEC#06-004)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): #987307570554 (Parcel 2) 4987307570954 (Parcel 1)
4. Location
County: Dare County Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number): Parcels 2, (portion of parcel 1), Wilton Gaimel
Subdivision
Directions to site (include road numbers, landmarks, etc. Heading west on Colington Road
take a left on Schoolhouse Lane, project site is located on the corner of Colington Road and
Lovers Lane (tract located behind the Colingion Volunteer Fire Station)(100 Lovers Lane).
ROW area (easement) to be purchased from property owners of Parcel 1, to create a
subdivision access road to meet local and state requirements.
5. Site coordinates, if available (UTM or Lat/Long): 3600'29.69"N 7542'7.66'V
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
The majority of the tract is undeveloped mature forest, excluding a single-family residential
dwelling garage and retaining wall. This tract is currently zoned R-1
7. Property size (acres): 14.6 acres (parcel 2) 0.22 ac (parcel 1 *area to be acquired only)
8. Nearest body of water (stream/river/sound/ocean/lake): Blount Bay
9. River Basin: Pasquotank River Basin
Page 2 of 8
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Fill in Section "404" wetlands to prepare the
site for access road to access 11 single-family residential lots.
11. List the type of equipment to be used to construct the project: Dump truck frontend
loader with box blade.
12. Describe the land use in the vicinity of this project: undeveloped/residentiaVcommercial
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdiction determination has been made by Tom Steffens, USACE (10-11-05), however, no
Action ID number is available at this time. No prior permits obtained for this tract.
V.' Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below- All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
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.
Page 3 of 8
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located uwitluu
100-N ear**
Floodplaiu (yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
i (parcel 1) Wetland fill 0.054 ac. yes 225 feet from
Blount Bay Forested wetland
2 (parcel 2) wetland fill 0.22 ac. Yes 600 feet from
Blount Bay Forested wetland

* List each impact separately and identi& temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditclung/drainage, etc. For dams, separately list impacts due to both stricture and flooding.
** 100-Year lloodpl<ains 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 1-8(H1-358-9616, or
online at http://Nv%NAv.fema.gov.
*** List a wetland h-pe that best describes -,vetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond.
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 7.73 acres (parcel 2)
Total area of wetland impact proposed: 0.28 acre total (0.54 ac. parcel 1 + 0.22 parcel 2)
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent'?
(please scifv)
N/A N/A N/A N/A N/A N/A

R List each impact separatelN and identify temporary impacts. hnpacts include. but are not limited to: culverts and associated rip-rap.
dams (separately list impacts due to both structure and floodin(Y ), 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 strewn 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 naps. 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
wiNiv.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g.. XNAv-v.topozone.com.
i
wtivw.maPquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Page 4 of 8
3. Open Water Impacts, including Ickes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
y
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A N/A N/A N/A N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. NIA
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.): NIA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impact was limited to a total of 0.28 acre. Wetland fill is necessary to construct an access road
for subdivision development Due to the extensive amount of wetlands, convoluted areas of wetland fingers
through highs round, and access highground beyond the existing sin Ig e-family dwelling; wetland fill is necessary to
prepare the site for an access road to access 11 residential lots. The width of the proposed road is necessag based
on state and local Right of Way (ROW) requirements. All fill to be within the proposed ROW. Silt fence will be
placed at the base of the fill slpW (2:1) to prevent intrusion of fill material into wetlands not permitted for fill.
Page 5 of 8
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
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
littp://h2o.ear.state.nc.us/ncwettands/strmgide.html.
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.
Compensatory mitigation proposed to offset the wetland impacts will be the purchase of wetland credits
from N.C. Ecosystem Enhancement Program (NCEEP). A copy of this application package will be submitted
to NCEEP for their review for acceptance. Once NCEEP approves this project to purchase wetland credits and
permits are obtained, the responsible party of this impact will purchase 'A acre of wetlands (wetland credit) as
compensatog mitigation.
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 liUp://ti2o.etir.state.nc.tis/,vj-M/index.htiu. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Page 6 of 8
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): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X.' Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local
buffers associated with the project- The applicant must also provide justification for these impacts in Section VII
above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan.
All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the
D WQ 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 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/A V
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required
calculate the required amount of mitigation by applying the buffer multipliers.
*
Zone Impact
(square feet)
Multiplier Required
Miti lion
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
s Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
Page 7 of 8
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B.0242 or.0260.
No buffer mitigation rewired for this project since disturbance/fill is not within the buffer.
XI: Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious surfaces are limited to Lot 7, existing house (2,700 s.f), g_ a (400 s.f.)
and parking (-600 s .f) = Total -3,700 s.f. Existing Impervious surfaces. Initial impervious
surfaces will be limited to the construction of the access road 28,000 s.f.. Future impervious
surfaces will be determined by the individual residential landowner.
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.
This project does not directly involve wastewater. Once lots are sold, on site septic will be
utilized by individual lot owners.
XUL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
dates to allow processing time for these permits. However, an applicant may choose to list constraints
associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
No constraints are currently associated with this project
Jo -0
Applicant/Agent's Signature U Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
MOTES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAIMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET "D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPERTY IS LOCATED IN FIRM ZONE AE (9) AS PER PANEL 375348 0114D
DATED APRIL 2, 1993. SUBJECT TO CHANGE BY FEMA.
5. AREAS CALCULATED BY COORDINATE METHOD.
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY.
7. TOTAL AREA TO BE FILLED IS 12,001 SF OR 0.28 AC. AREAS SHOWN HEREON TO
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY.
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY.
1
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GRAPHIC SCALE
100 200
(IN FEET)
1 INCH = 100 FT.
E05" SM ROAD i
lbemarle
& ASSOCIATES, LTD.
Engineering - Surveying - Land Planning
115 West Saint Clair SL Phone: [phone]
P.O. Box 3989 Fax: [phone]
Kill Devil Hills, NC 27948 www.albal.us
N07ES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAJMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET *D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPS
DATED APRIL
5. AREAS CALCULATED BY COORDINATE METHOD.
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY.
7. TOTAL AREA TO BE FILLED IS 12.001 SF OR 0.28 AC. AREAS SHOWN HEREON TO
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY.
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY.
?i?+dllit,,
% {-.e v jttttttiltlt?j??1
150 0 75
LrtRTYC IS G mlofll 1 113
TM al" Cr GAlr5ratr
PG. 6 i a_ 9-e
NOTE t
THE PROPOSED 1200 SF BUILDING PAD AND DRIVEWAY LOCATIONS
ARE CONCEPTUAL ONLY. THE ACTUAL LOCATIONS MAY DIFFER.
GRAPHIC SCAT F
150 300
(IN FEET)
1 INCH = 150 FT.
600

a;
_ lbe'marle
& ASSOCIATES, LTD.
Engineering - Surveying - Land Planning
115 West Saint Clair St Phone: [phone]
P.O. Box 3989 Fax: [phone]
Kill Devil Hills, NC 27948 www.albal.us
nrOTES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAIMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET "D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPERTY IS LOCATED IN FIRM ZONE AE (9) AS PER PANEL 375348 0114D
DATED APRIL 2, 1993. SUBJECT TO CHANGE BY FEMA.
5. AREAS CALCULATED BY COORDINATE METHOD.
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY.
7. TOTAL AREA TO BE FILLED IS 12,001 SF OR 0.28 AC. AREAS SHOWN HEREON TO
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY.
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY.
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GRAPHIC SCALE G ? j
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400 . '
0 lb'emarle
.?:,? •.r?', i?L\\G\` ` & ASSOCIATES, LTD.
Engineering - Surveying - LandPlanning
(IN FEET) 115 West Saint Clair St Phone: [phone]
P.O. Box 3989 Fax: [phone]
1 INCH = 100 FT. Kill Devil Hills, NC 27948 www.albal.us
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NOTES
1. THE PROPERTY IS KNOWN AS PARCEL 2, WILTON GAIMEL SUBDIVISION IN COLINGTON
AND RECORDED IN PLAT CABINET "D" AT SLIDE 87. THE PROPERTY IS LOCATED AT
100 LOVERS LANE.
2. DARE COUNTY PIN # 9873-07-57-0554.
3. PROPERTY IS CURRENTLY ZONED R-1.
4. THE PROPERTY IS LOCATED IN FIRM ZONE AE (9) AS PER PANEL 375348 0114D
DATED APRIL 2, 1993. SUBJECT TO CHANGE BY FEMA.
q
5. AREAS CALCULATED BY COORDINATE METHOD. • ` $
6. THIS SURVEY IS NOT A COMPLETE BOUNDARY SURVEY. Ae -Y
7. TOTAL AREA TO BE FILLED IS 12,001 SF OR 0.28 AC. AREAS SHOWN HEREON TO e`?Q
BE FILLED TO ACCOMMODATE SAFE AND SUFFICIENT CONSTRUCTION AND GRADING 1 Q ??? ?r
FOR A PROPOSED ROAD. ALL FILL TO BE WITHIN THE PROPOSED RIGHT OF WAY. ` • is
r , 'qqq' HB? g?
8. NOT FOR CONSTRUCTION - FOR PERMIT APPLICATION ONLY. ` • ? , I .eJe? , 572:r*
. /
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GRAPHIC SCALE "s a
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,'.
?•' " lbemarle
:... r°f?f,trll?.01s?° & ASSOCIATES, LTD.
Engineering - Surveying - Land Planning
(IN FEET) 115 West Saint Clair SL Phone: [phone]
P.O. Box 3989 Fax: [phone]
1 INCH = 150 FT. Kill Devil Hills, NC 27948 www.albal.us
r?
20060177 Fr"``'ET
RECEIVED
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266 Kitty Hawk, NC 27949
[phone] [phone] fax
January 30, 2006
oil
?E 3 ?_115
Cyndi Karoly
N.C. Division of Water Quality
401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1621
Dear Mrs. Karoly,
[ `"" Wi%l i it G ,tf L I TY
IUJN D JJlv? ?Er r`s1 kit EliW.MI
Enclosed are seven copies of the completed PCN Application package for resource
agency review.
The proposed project is requesting Section 404 wetland fill (0.28 acres) to construct a
road to access an 11 lot subdivision in Colington, Kill Devil Hills, Dare County, North
Carolina.
The applicant is prepared to purchase wetland credits from NCEEP once approved, to
serve as compensatory mitigation for this project.
If you have any questions please do not hesitate to call 252-261-7707.
Sincerely,
Roxanne D. Dorman
Robert J. Lunden
100 Lovers Lane
Colington, NC 27948
I, Robert Lunden (property owner) authorize Atlantic Environmental
Consultants, LLC (AEC) to apply for environmental permits on Ron Forlano's
(purchaser) behalf, for property 1 own in Colington, Kill Devil Hills, Dare _
County, North Carolina.
AUTHORIZATION-) DATE
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1 987307570554 018774000 100 LOVERS LN LUNDEN, ROBERT J LUNDEN, MAE BEASLEY WILTON GAIMEL SUBDIVISON
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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLO'FT4N M41? 0
FNS. ?Q
P.O. Boa 3266, Kitty Hawk, NC 27949 CS 4NpgTFR 6
[phone] fax [phone] STOR?,??gC
h
March 3, 2006
Ian McMillan
N.C. Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Sunset Partners, LLC Blount Bay - DWQ Project #06-0177 - Dare County
Dear Mr. McMillan,
Enclosed you will find the additional information requested in your letter dated
February 9, 2006 for proposed fill under a Nationwide 14 Permit within Kill Devil
Hills, Dare County, North Carolina.
I have enclosed seven copies of plats indicating the proposed lot layout as
overlays on the site plan including building envelopes and driveways for all lots.
If you have any questions or need any additional information do not hesitate to
contact us 252-261-7707.
erely,
Roxanne D. Dorman
Atlantic Environmental Consultants, LLC
Encl. a/s
?0V "" ' r C9Q Michael F. Easley, Govemor
?? G William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
-? Alan W. Klimek, P.E. Director
Division of Water Quality
February 9, 2006
DWQ Project # 06-0177
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Robert J. Lunden
100 Lovers Lane
Colington, NC 27948
Subject Property: Sunset Partners, LLC
Blount Bay [030156, 30-21-1-1, SC]
REQUEST FOR MORE INFORMATION
Dear Mr. Lunden:
On February 3, 2006, the Division of Water Quality (DWQ) received your application dated January 30,
2006, to impact 0.28 acres of wetland to construct the proposed residential development. The DWQ has
determined that your application was incomplete and/or provided inaccurate information as discussed
below. The DWQ will require additional information in order to process your application to impact
protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the
additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to review your
project.
Additional Information Requested:
1. Please indicate proposed lot layout as overlays on the site plan and include building envelopes
(and driveways) for all lots so we can determine if additional wetland fill will be needed for this
subdivision.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Kyle
Barnes of the DWQ Washington Regional Office. If we do not hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
One
N tlrCaro ina
401 Oversight/Express Review Permitting Unit Q?IICQ ?y
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.ne.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/l0% Post Consumer Paper
Mr. Robert J. Lunded
Page 2 of 2
February 9, 2006
Sincerely,
?? ? /(
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ jm
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Ron Forlano, Sunset Partners, LLC, 1378 Duck Road, Duck, NC 27949
Roxanne Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Filename: 060177SunsetPartnersLLC(Dare)On_Hold
DWQ 06.01y77 Sunset Partners LLC
Subject: DWQ 06-0177 Sunset Partners LLC
From: Laurie Dennison <[e-mail]>
Date: Fri, 10 Feb 2006 15:34:57 -0500
To: [e-mail]
4
Please see attached the Division of water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
Content-Type: application/msword
060177SunsetPartnersLLC(Dare)On_Hold.doc
Content-Encoding: base64
of 1 2/10/2006 3:37 PM
DWQ# Z CrO 0 11 1 Date 2, 7© ?o Who Reviewed: F9
h- ,
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan. n h I
14 Please indicate proposed lot layout as overlays on the site plan. %S t
? Please indicate the location of the protected buffers as overlays on the site plan.
Ca? (?yiJ'tLt1r'-?si
W
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
W-e__ CCUY'
d
? ryn'
?s
?a _\
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
? Please submit electronic CAD files showing , via email to [e-mail] and CD.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
. Article Addressed to:
Robert J. lunden
Lovers Lane
lington,NC 27948
NQ# 06-0177-Dare
A. sig ure
?? ? ? Agent
B. Received by (Printed Name) C.
D. Is delivery address different from Item I? EX-Ye.,
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail 13 Express Mail
Registered Return Recelpt for Merchandis
? Insured Mail C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
Article Number
(transfer from service /abed y 1 S `f C G
IS Fnrm 3811 FPhnmrv 9 ]nd DnmRntir. RRti,m Rr n inf tn?ao??_ne_tr
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
trf,}Ca ? I![?l?tfitlt??lFlli!!FI!?I!!lflFiliiF'`liFit?iFlif!lEfilFF3{!f?