20041090 Ver 1_COMPLETE FILE_20060425

FROM :EPI FAX NO. :252 441 0721 Aug. 26 2005 04:23PM P1
P .O. Sox 3308
1404-41. Virginia Dare Trail
Kill Devil Hills, ,N 27948 Environmental
Ta#o. 252-441-0239 Professionals, Inc.
Fax: [phone]
E-maill: onvlroi'nw entalprro@oar"ilink.not
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AUG-26-2005 FRI 14:49 TEL:9197
093 NAME:DWO-WETLANDS P. 1
e `FROM :EPI FADS NO. :252 441 0721 Aug. 26 2005 04:23PM P2
,. µev ..
Kendall Tuff-me
Fro= St+Eiphanie Horton' <stephanie.horton ncrnail.net
To: '<kendaliturnageCearthlink.net
Sent: Thursday, NovemOer 18, 200411,65 AM
Subject: Ewament acceptances
Mr. Turnage,
The Ecosystem Enhancement Program (EEP) is willing to accept a
conservation easement on the following tracts, provided that the
regulatory agencies approve of the preservation as part of the permits
or certifications, and that the permits or certifications are indeed
issued.
1) DWQ # 04-1090 Perquimmons County, The River's Edge.
2) Penguin Isle Restaurant, Dare County
apologize for the delay in responding to your request. Staff turnover
has resulted in reduced efficiency at our office recently. Please call
me if you need further information. I have alerted the Division of
Water Quality to the situation.
The EEP conservation easement can be found at the EEP website.
http:1/www : ncoep. net
Once the permits and certifications are issued, please send the permits
and certifications along with the surveyed plat to me for review. The
easement must be recorded in accordance with State Property Office rules
regarding protection of these sites. Once the easement is recorded, EEP
will invoice the applicant for the management fee of the protected
property.
Stephanie Horton
1652 Mail Seivice Center
Raleigh, NC ;27699-1652
[phone]
1,1/18/2004
AUG-26,-2005 FRI 14:49 TEL:[phone] NAME:DWQ-WETLANDS P. 2
t' 'FROM : EP I FAX NO. :252 441 0721 Aug. 26 2005 04 : 24PM P3
FROM ? FAX NO. . 25226 43022 Aug.; 26 2005 03: 22PM P1
' M,iohaol P. Easloy, Governor
William 4. Ross J15, S&•relary
Nwh cmdinA Dt infitwnt of anviro"M 1 am Nolufal Rosommos
Alan W, Klimolr, P.R, Dhator
bivieioe of Water Quolity
August 23, 2{1(1,5
DWQ ri 20041090
Perquimans County
CERTIFIED MAIL RETURN 1119CRIPT REQUESTED
Mr. Bob Farris
Coastal Lrlllld Doveloprneat
201 Lane Drive
Elizabeth City, NC 27909
Subject Property* The Rivers, Edge'
NOTICE OF WITHDRAWL
Dean Mr. Farris:
On July 6, 2004, you requested a 401 Witter Quality Certification from the Division of Water Quality
(D'114''Q) for your project. We wrote to you on August 2, 2004 discussing concerns that we have
regarding tho design of the project and stating that it would be piaced on hold for these weeks giving
you time to address l?'WQ s conctu?'te. As of tt?tlaiy+ L1WQ Me not receYVed a response to this request.
'T'herefore;, your file is beireby considered` withdrawn and will not be reviewed until; IOW<)'s earlier
concerns are addraaaed. Once you have edlea4ted snfficie"t info ation to have a compleite
applicatim (please sae our August 2. 2004 letter for the missing information), you will need to
reapply for DWQ aMoval. This includes subrdtting a comploto application packages with the
appropriote fee.
Plearo be aware that you have no authorization under Section 4,01. of the Clear Witter Act for this
activity and any work done within waters of the state would be a violation of North Carolina c'encral
Statates and Administrative Code. Pletiso•call Mr. hilt McMillan at 919-715-46.11 if you have any
questions or concerns,
5Fr. ew Perniitting Unit
on ffice
cc: P;y1b Barites, WasllingtpnDWQ RoxiJI.
Washington Corps of Engineers
('1611tral Files
File Copy
Kendall T rnap, Post Office Box 3368, Kill Devil Yfills, NC 27948
meneme: 5A20D5 ConcoWtu erweV4.1090 The Riven Wro (1olquirnom) WNWIRWnLdoo
hCu401 Ovmighilftposs :ReviewPerntti#Uldl %4WJAW,1V
1654 Mail wervim Cmlmk; iluldgh, Ntttth Carolina 276VU61650
2321 Crabima Aoulove#4, alto 250, Raicigb, North Carolina W604
Photie: 919-733-17861 PAX 90-733-6893 1 Intemcr.1 41?il, Ne s eta n , ?n a -nits
An Acntar¢nlMxmnity?,lftitmatlvo Acdal? t?mpiuyec -5096 ttetytslntlllU561Rrsi Uunswuer P'ap?t
AUG-26-2005 FRI 14:49 TEL:[phone] NAME:DWQ-WETLANDS P. 3,
OF NJA;F
Michael F. Easley,; Governor
/ William G. Ross Jr., Secretary
a North Carolina Department of Environment and Natural Resources
U Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2005
DWQ # 20041090
Perquimans County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. Bob Farris
Coastal Land Development
201 Lane Drive
Elizabeth City, NC 27909
Subject Property: The Rivers Edge
NOTICE OF WITHDRAWL
Dear Mr. Farris:
On July 6 2004, you requested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to you on August 2, 2004 discussing concerns that we have
regarding the design of the project and stating that it would be placed on hold for three weeks giving
you time to address DWQ's concerns. As of today, DWQ has not received a response to this request..
Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's earlier
concerns are addressed. Once you have collected sufficient information to have a complete
application (please see our August 2, 2004 letter for the missing information), you will need to
reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Mr. Ian McMillan at 919-715-4631 if you have any
questions or concerns.
incerely,
rsi
Oveghx],
Permitting Unit
cc Kyle Barnes, Washington DWQ Regioinffice
Washington Corps of Engineers
Central Files
File Copy
Kendall Turnage, Post Office Box 3368, Kill Devil Hills, NC 27948
Filename: S:\2005 Correspondence\04-1090 The Rivers Edge (Perquimans) Withdrawal.doc
N?om,;`tttCarolina
401 Oversight/Express Review Permitting Unit ?/VatllCRlly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone]/ Internet: hip://h2o enr stat ncnslncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
August 2, 2004
DWQ Project # 04-1090
Perquimans County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Bob Farris
Coastal Land Developmet
201 Lane Drive
Elizabeth City, NC, 27909
Subject Property: The Rivers Edge
REQUEST FOR MORE INFORMATION
Dear Mr. Farris:
On July 6, 2004, the Division of Water Quality(DWQ) receivedyour application dated July 1, 2004 to
impact 0.1457 acres of wetlands to construct a roadway at the proposed Rivers Edge subdivision. 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 on the subject property. Therefore, unless we receive 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. Proposed Conservation Easement to NC Ecosystem Enhancement Program
You have stated that 1.56 acres of wetlands on the property will be placed in a Conservation
Easement and "granted to the NC Ecosystem Enhancement Program (NCEEP) Since your
application materials did not include any correspondence from the NCEEP indicating whether they
had approved of this grant, we contacted the NCEEP and were informed that they have no prior
history of this project. They have neither received any correspondence nor, given any approvals to
participate in ownership or other stewardship arrangements on this parcel. Please clarify your
intentions with respect to the NCEEP, with respect to the currently proposed grant and the 61
parcels to be developed onsite. We suggest that you contact Ms. Deborah Anderson of the NCEEP
at [phone].
Please respond within three weeks of the date of this letter by-sending this information to me in writing
and Mr. Tom Steffens of the DWQ,Washington Regional Office (943 Washington Square Mall,
Washington, NC, 27889). 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.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 One l' .
2,321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 North CarOhna
//
Phone: [phone] /;FAX [phone] / Internet: http://h2o.enr.state.nc.us/newetlands hma"
An Equal Opportunity/Affirmative Action Employer- 500/6 Recycled/10% Post Consumer Paper
Mr. Bob Farris:
Page 2 of 2
August 2, 2004:
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. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
orney,
D Q, Wetlands / 401 nit
JRDlcbk ;
cc; Tom Steffens, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
Doug Huggett, DCM
E Deborah Anderson, EEP
File Copy
Central Files
Kendall Turnage, P.O. Box 3368, Kill Devil Hills, NC, 27948
Filename: 041090Rivers(Perquimans)Hold
Triage Check List
cop Y
Date: I? ddt Project Name: vl S ??12
DWQ#: d 4 10 7 0
County:
T0: ? ARO Mike Parker [/WaRO Tom Steffens
FRO Ken Averitte ? WiRO Noelle Lutheran
MRO Alan Johnson ? WSRO Daryl Lamb
RRO Steve Mitchell
From: S v? fye Telephone : (919) S"7 L4
The file attached is being forwarded to \ ,our for your evaluation.
Please call if you need asg?tance.
ig' Stream length impacted
ID/Str'eam determination
Wetland determination and distance to blue-line surface waters on USFW'topomaps
Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
? Mitigation Ratios
? Ditching
D 'Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
YQ.the application consistent with pre-application meetings?
Cumulative impact concern
Comments:
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SENDING CONFIRMATION
DATE : JUL-7-2004 WED 15:01
NAME : DWQ-WETLANDS
TEL [phone]
PHONE : 94636
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FILE COPY
Office Use Only: Form version October 2001
USACI 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 WETLANDS/401 GROUP
I . Check all of the approval(s) requested for this project:
Section 404 Permit JUL ® 6 2004
[] Section 10 Permit
Z 401 Water Quality Certification VI ATER QUALITY SECTION
[] 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:
* * *Conservation Easement to NC EEP
H. Applicant Information
1. Owner/Applicant Information
Name: Coastal Land Development
Mailing Address: Coastal Land Development
Attn. Mr. Bob Farris
201 Lane Drive
Elizabeth City NC 27909 -
Telephone Number: 252-264-3222 Fax Number: 252-264-3022
F-mail 'Address: see agent
2. :gent 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
&mail Address: environmentalpro@a earthlink net
Page l of 8
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
USA:CE 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: The Rivers Edge
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Perr uimans Nearest Town: New Hope
Subdivision name (include phase/lot number): The Rivers Edge
Directions to site (include road numbers, landmarks, etc.): Traveling South on NCSR turn
east onto Jacock's Road site is at the end of the road on south side
Site coordinates, if available (UTM or Lat/Long) N 36d 09' 15 W 76d 14' S0"
(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.)
5. Describe the existing land' use or condition - of the site at the time of this application:
Agriculture and woodland
b. Property size (acres): 119.86 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Little River
8. Raver Basin: Pasquotank
(Tote - this must be one of North Carolina's seventeen designated major river basins. The
s/.)
R',iver Basin map is available at http://h2genr.state.nc.us/admin/map
Page 2 of 8
9. Describe the purpose of the proposed work: Provide roadway access to ' large isolated
highground area
10. List the type of equipment to be used to construct the project: Bulldozer, dump trucks,
front end loader
11. Describe the land use in the vicinity of this project: Agriculture, sparse residential sites.
68,000 SF of 404 wetlands to be placed under conservation easement to NCEEP.
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 200411313 Date: 03/29/04
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:
A CAMA Major -permit will be requested for a common waterfront access and exact plans
ucertain"at this time Any other permit requests will be left up to individual lot owners.
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
Wetland Impact Area of . Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on :ma (acres) (es/no linear feet)
1 Fill -- NW #14 0.1457 yes forested wetland
N/A
* 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 atht!p://www.fema.go v.
*** List a wetland type that best describes wetland 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: 42.03 acres
Total area of wetland impact proposed: 6,302 SF
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact, Stream Name** of Stream Intermittent?
(indicate on ?map) ` (linear feet Before Impact lease specify)

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 maps. 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 usgsa;ov Several internet sites also allow direct download and printing of USGS maps (e.g., MM topozone com,
www.mapguest.com etc.).
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
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
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
Page 4 of 8
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
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.
NW #14 no other natural route exists to access the highground through this property.
Access from and direction will involve fill inwetlands, this provides the shortest route with the
least impacts
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'
Perinits, 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
Page 5 of 8
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/strmgide. html.
1 Provide a brief description of the proposed- mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/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.
Conservation easement to the NCEEP will be placed on a 68,000SF area of 404
jurisdictional wetlands and will surpass the required a 10:1 ratio of for the wetland impacts.
This conservation/preservation area will be onsite mitigation and is shown on the plat.
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 btW://h2o.enr.state.nc.us/wrp/l*ndex.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
* * * Conservation Easement to NCEEP: 68,000 SF of wetlands
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. N/A
Yes ? No
Page 6 of 8
t
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 2B .0233
(Neu.se) 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 0 If you answered "yes", provide the following information:
N/A
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 2B .0242 or.0260.
N/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.
The subdivision will be planned and constructed to low density stormwater standards. Less than
30 %of the entire site will be impervious
XII. Sewage Disposal (DWQ Only)
Page 7 of 8
r
fi
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.
Individual septic systems
XM. Violations,(DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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).
None known.
71?lz
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
- Page 8 of 8
i
¦
U.S. ARMY CORPS OF ENGINEERS CC
WILMINGTONDISTRICT
ActionIl) 200411313 County Perguimans
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Coastal Land Development
Address: 201 Lane Drive
Elizabeth City, North Carolina 27909
Telephone No.: f252) 264-3222
Size and location of property (waterbody, road name/number, town, etc.) Property is a 119 acre tract
off of North Carolina State Road 1325 adjacent to the Little River which flows into Albemarle
Sound in Perauimans County.
Indicate Which of the Following Apply:
There: are waters of the U.S. and/or wetlands on the above described property which we strongly suggest should
be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your
wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more
timely delineation of the wetlands. 'Once the consultant has flagged a wetland line on the property, Corps staff
will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval
by the Corps. The Corps will not make a final jurisdictional determination on your property without an
approved survey.
X The waters of the U.S. and/or wetlands on your property have been delineated, and the limits of the Corps'
jurisdiction have been explained to you. 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 he 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 maybe relied upon for a period not to exceed five years
from the date of this notification.
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
Washington, NC, at [phone] to determine their requirements
Placement of dredged or fill material in waters of the US and/or wetlands on this property without a
Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33
USC 1311). A permit is not required for work restricted entirely to existing non-wetland area. If you
have any questions regarding this determination and/or the Corps of Engineers regulatory program., please
contact Tracey L. Wheeler at 252-975=1616 extension 24.
Basis For Determination: Described tract contains wetlands as defined by the 1987 USACE Wetland
Delineation Manual. Site is immediately adjacent to the Little River which flows into Albemarle
Sound.
Property Owner/Authorized Agent Signature
Corps Regulatory Officio,
Date 03/19/2004 - Expiration Date 03/29/2009
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE. COPY OF THIS FORM
i i P-MIt- I1w. r CCra?i.lK??a Jli4... Ul 4JUd4 d!J f : ?$ °91'I P a
07 Eal ,IfE:i j { Sri m524410721 E 4'd TFLEIJIILI?Y'i FfP ;'{{.`p.t
PAGE 02
1, Coastal Lan cye3Qpmeut, v give Envirwim..m-nuii xnf'ossionals, Inc.
au -mrizatim to act as my agent to obtain pits, authorities, and cert ications for
improvements at his site.
SIGNATURE ID??I ?
f
z Stormwater Narrative
The Rivers Edge subdivision is located off Jacocks Lane in.Perquimans County, North
Carolina. The property fronts Little River and was subdivided from a 600 acre tract of
land owned by Sterling Colson. The 500 acres south of the subdivision is very flat.
Elevation points on new HopeRoad (at the south boundary of Colson's tract) are the
same or even as much as 0.2 feet lower than some elevations in the subdivision. The
USGS contour maps are of little use in determining runoff in this kind of scenario
because the contour interval is measure in meters. To determine the drainage area we
used a Perquimans County provided LIDAR map. LIDAR is the technology used to
determine the new flood rate insurance maps (FIRM). Using the data collected by the US
Government in 2003 and changing colors contrasts for data between the traditional 2 foot
contour intervals, we were able to determine that as much as 103.16 acres drains through
the valley in question.
The: roads in this subdivision have been designed to NCDOT standards and will become
public roads once sufficient homes have, been built in the subdivision to justify their
acceptance. Consequently, we utilized the NCDOT approved method of sizing culverts
for public roads in rural areas to determine the minimum size of the culverts necessary.
The design guideline is a 25 year storm event. Our calculations (copy attached) show
that utilizing the DOT method 22.8 cfs of stormwater will flow down this valley. This
water will be pushing against a slight tailwater. Generally in the area, tailwater is
assumed to be zero because the water body down stream is so large. However, to be
conservative we have assumed that the tailwater will be at an elevation of 3.5 feet for the
purposes of our calculations. Consequently we are planning to use two (twin) 24 inch
diameter pipes for this culver crossing.
We have assumed that erosion control will be handled by the DWQ division of DENR.
However, it is the developers plan to use rip rap downstream of the culvert to reduce the
velocity of the stormwater being discharged to less than 2 fps.
??' Jo'r^ /1'I c77fi? ?a
=- -- APPENDIX C
SHEET 1 OF 8
e
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CHART C 200.1
APPENDIX C
r SHEET .2 OF 8
P
i
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l t?WIN,,q AREA • 32?CRE5
AKSW?"R 050 25 C . 5. 20 000
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l•5
Ramoff Row Rem AREAS UP TO 5o 5Q, MILES,
MOWN CAR©Ll%mr HIGHtYRY GOMMlSylON
CHART 'C 200.2
APPENDIX C
SHEET 3 OF 0
(5.r YEN .
HYDROG?IC COMOUR s.0 2,oov loos
pRRINAG?c f1REEA 35 AC
SM GL Af2ER fUGL ;f3U5INE55 . ?00??
RN?IYER fdoo
AID= 39 x 14 r 54.w a95, 800
• 604. QUO ?l f yq
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?, ? 2do
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RUNOFF FRlohf C/RBR/Y 17RER$
NORM CAROUNI? ST?r7 IM51WRY CON5 ON
qRN, ! 43 C 2t?0
CHART C 200.3
Ay
r ,. APPENDIX C
SHEET 4 OF 9
EXAr?iPL E
GIVEN
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URN, M-f
C CHART C 200.4
IMS 0. 5Z 06 T & c,

APPENDIX C
SHEET 5 OF 8

Excr?,or? j ?
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HYDROLOG;c CON7v6,R Jr•, p
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CHART C200.5
CE Solutions
201 Lane Drive
Elizabeth City, NC 27909
;f
Culvert Pipe With Tallwater
Project: The Rivers Edge
Location: Perquimans County, NC
Run Date 10-May-04

A
CI
A Basedon Qz Design Flow for NC DOT Roadway
.
R UL.•
I PIPE CALCULATIO
1. Enter location point: N
2. Enter length of pipe: 33.5 FT.
3. Enter slope of culvert: 0.0030 FT./FT.
4. Enter upstrean invert: 2.00
Downstream invert: 1.90
5. Enter number of barrels: 2
6. Enter culvert type: 1
R.C.P. = 1 C.M.P. = 2 PVC 3
7. Enter pipe diameter: 24.0 Inches
Area: 3.14
WP: 6.28
8. Enter "KE" value: 0.50
9. Enter flow (Q): 22.800 CFS
10. Enter tailwater elevation: 3.50° Assumed
R.C.P. PIPE CULVERT
VELOCITY= 3.63 FPS
TAILWATER DEPTH= 1.60 FT
HEADWATER DEPTH= 1.89 FT
HEADWATER ELEV.= 3.89 FT

4&T
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4W. WFA9 ? q?16
a maE*
/{? 1/C PR tt
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WFKim >d11GAlil[
ROADWAY sEC110N 0 WEtI ANDS CPO?NG
(ttiM!
404 WETLANDS BOUNDARY AS DETERMINED BY
TRE.RC.O.E. ON 3/29/04.. A 61 LOT. SUBDIVISION
TOTAL AREA IN TRACT = 119.86 ACRES
GRAPHIC SCALE
? pp Iq A
IN I=
1 Ine4 - 4W R
201 Lone Drive
Elizobeth City, N.C. 27909
Phone; 252222
ju' Far, 252-26464--JO2J012
[Fwd: [Fwd: question]]
Subject: [Fwd: [Fwd:; question]]
From: Deborah Anderson <[e-mail]>
Date: Mon, 26 Jul 2004 08:33:40 -0400
To: Cyndi Karoly <[e-mail]>
CC: Jim Stanfill <[e-mail]>, suzanne klimek <[e-mail]>, Carol
Shaw <Carol. Shaw@ ncmail.net>
Cyndi,
No one has contacted the ILF program about Conservation Easements in the Colington Harbor area. We
did, however, receive a request on 7/21/04 to make payment to the EEP for 0.062 ac. if impact and 0.124
ac. of required mitigation . The site is located on Old Oregon Inlet Rd., Nags Head, Dare Co. If I
remember right, I think this is located in the Old Nags Head section. The COE Permit only refers to
payment for 0.124 ac. of mitigation. the DWQ approval allows fill in 0.1213 ac of wetlands and a,Con.
Esmnt on 8.29 ac. to the EEP. This was already "red flagged" by Carol. We are confused as to what the
Regulatory agencies are allowing. The EEP has not received any correspondence or given any approvals
concerning this site. I'll contact both you and William Wescott to see what is going on.
Deborah
------ Original Message --------
Subject: [Fwd: question]
Date:Thu, 22 Jul 200414:28:07 -0400
From:Jeff Jurek <[e-mail]>
To:Deborah Anderson <[e-mail]>
To you
------ Original Message ----- --
Subject:question
Date:Thu, 22 Jul 200411:29:13 -0400
From:Cyndi Karoly <[e-mail]>
To:Jeff Jurek <[e-mail]>
Jeff, I'm not sure who to 'ask so I'm starting with you, please 'forward
as necessary to the appropriate person. In July we have received two
separate applications, both handled by the same consultant, Kendall'
Turnage of Env'tal Professionals:
1) The River's Edge by Coastal Land Development in Perquimans County
(DWQ#041090). At the moment they're only requesting .14 acre impact for
a road crossing, but there are 61 lots they're proposing to leave up to
the lot purchasers for future permitting. Each lot is long and skinny
and mostly wetlands.' At this time, however, they are proposing to place
68,000 square feet (1.56 ac) of 404 wetlands near the road crossing in a
conservation easement through EEP.
2) Gary Lake in Dare County (DWQ#041089). This is a single property
owner requesting .1 ac fill for a residence. His proposal also includes
a proposed "grant" of `a conservation easement of .76 ac of wetlands to
the EEP. We will likely see more applicants from this subdivision (Pine
Grove). All the lots are very long, skinny, wetland lots adjacent to
Colington Creek. The applicants, will want to fill the fronts of the
lots by the road. Presumably, if they use the same consultant, there
1 of 2 7/26/04 12:35 PN
[Fwd: [Fwd: question]]
will be more proposed grants to the EEP.
My question for the EEP is, does anybody within EEP know of any
agreements or trends whereby EEP is making deals with property owners to
accept these "grants". The consultant has provided no documentation of,
any communication with the EEP, and we certainly don't intend to issue a
401 obligating the EEP to oversee these bits of land without your
express approval. Before I call to grillthe consultant, can somebody
please let me know the real story, if there is one, behind this from
EEP's perspective.
Thanks.
1
2 of 2 7/26/04 12:35 PM
MEMORANDUM
TO: John Dorney Regional Contact: tom Steffens
Non-Discharge, Branch WO Supervisor: Roger Thorpe
Date:
SUBJECT: ' WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The River's Edge c/o Coastal Land Development County Perquimans
Project Number 04 1090 County2
Recvd From APP Region NVashington
Received Date 7/6/04 Recvd By Region
Project Type access road
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Twe Type Impact Score Index Prim. Supp. Basin Req. Req.
---30,152. O.14
F14 BI WT _0N ;U7 i sc [-
F_ F_ F
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? QY 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region Latitude (ddmmss) 360915 Longitude (ddmmss) 761450
Comments:
HQI D for NCEEP approval of conservation easment conifrimabon
cc: Regional Office Page Number 1
Central Office
cIVVItcVIVIVICIVIMLi"KVI?C,'JJIVIVHL,, IIVI:.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH: CAROLINA 27948
l
FX?(25)444.021
TO ?Ve PW/{ 0410
DATE -j t?
ATTENTIO
. ))
RE: ::5-e
/ J 192 f` ?4 Ttt--+2.? j
6... 0( ' '
17
WE ARE SENDINGYOU Attached ? Under separate cover via the following items:
? Shop drawin s ? Prints ? Plans ? Samples ? Specifications
? Copy of. letter ? Change order
THESE ARE TRANSMITTED as checked below:
For approval ? Approved as submitted ? Resubmit copies for approval
? For your use 0 Approved as noted ? Submit copies for distribution
? As requested ? Returned for corrections ? Return corrected prints
For review and comment ?
? FOR BIDS DUE 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS
M,, M ?
w.... a s n1s I IAA GROUP
JUL O6 2004
AIER
COPY TO
SIGNED:
if enclosures are not as noted, kindly notify us at once.
COPIES DATE NO. DESCRIPTION
- ?j
/V 6L AP_ b
17
vAec'k u g6?e TO '4-le € CRe;2 p
s?orm
o,-Per /1/"rra-0?-/1'e5- c? S?Ce? ia14 S
k
C % vt G ?u G?ec? r` t"t J e ??-cc.? ? ?rf c.? vvLi D 6t .S

¦ 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.
1. Article Addressed to:
Coastal Land Development
201 Lane Drive
Elizabeth City, NC 27909
DWQ# 04-1090 - Perquimans
A. Wnature /// // //
r 0 Agent
? Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 1? -` Yes
If YES, enter delivery address below: ? No
3. Service Type
IX Certified Mail ? Express Mail
? Registered 0 Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(rransfer from service tabeo 7001 2 510 0009 0250 7205
PS Form 3811, February 2004 Domestic Return Receipt
1
Ti 111 E?
UNITED. STATES POSTAL SER I p X47 s a l ° "'
r s i?a?tage 1=ee"s mid
• Sender: Please print your name, address, and ZIP+4 in this box •
to 1
NC DENR Division of Water Quality
Wet1ands1401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
tiHil?'iiiff/?iF(iiiiF?IF?1#IFtIiXF?i?tFiiFt'fFFfFfFitiidiF,/17f