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HomeMy WebLinkAbout20060992 Ver 1_COMPLETE FILE_20060620o?OF wArF9 G r > ? Y 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 la LS ? ? 0 006 ff D JAN 2 4 2007 Lightkeeper Estates DENK - k, ER QUALITY Post Office Box 250 VV8TIANOSANDSTORMNu1TERNWCN Hatteras, NC 27943 Subject Property: Lightkeeper Estates DWQ EXP # 2006-0992 # 7005 1820 0003 6594 8686 Dare County Approval of 401 Water Quality Certification with Additional Conditions-Express Review Program Dear Mrs. Trisha Midgett and Bette Gray: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.35 acres of wetlands for the purpose of access road construction and impact 0.10 acres of wetlands for the purpose of residential construction at the subject property, as described within your application dated June 15, 2006 and received by the N.C. Division of Water Quality (DWQ) on June 19, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3404 (GC3404) and Number (GC3402). The Certification allows you to use Nationwide Permit 14 and Nationwide Permit 18 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 Neuse Riparian Buffer Rules. 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 Supercedes condition 19 of General Certification 3403 issued on March, 2003.) This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved includins incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 0 feet 404/CAMA Wetlands 0.35 (acres) Area #1 Road Access 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: 919-733-1786 /FAX 919-733-6893 / Intemet: htto://h2o.enr.state.nc.us/ncvvetla nds One Caro Npi Carolina Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ?0F WA rF9 G ? Q r 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 0 W aw 006 v °' D JAN 2 4 2007 Lightkeeper Estates DENK - ?v tii Eft QUALITY Post Office Box 250 YVETL MANDSTORt4NWTERBRWA Hatteras, NC 27943 Subject Property: Lightkeeper Estates DWQ EXP # 2006-0992 # 7005 1820 0003 6594 8686 Dare County Approval of 401 Water Quality Certification with Additional Conditions-Express Review Program Dear Mrs. Trisha Midgett and Bette Gray: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.35 acres of wetlands for the purpose of access road construction and impact 0.10 acres of wetlands for the purpose of residential construction at the subject property, as described within your application dated June 15, 2006 and received by the N.C. Division of Water Quality (DWQ) on June 19, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3404 (GC3404) and Number (GC3402). The Certification allows you to use Nationwide Permit 14 and Nationwide Permit 18 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 Neuse Riparian Buffer Rules. 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 Supercedes condition 19 of General Certification 3403 issued on March, 2003.) This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are aooroved including incidental impacts: Amount Approved (Units) Plan Location or Reference Stream 0 feet 404/CAMA Wetlands 0.35 (acres) Area #1 Road Access 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: 919-733-1786 /FAX 919-733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands N Nom` Caro ina Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 0. 10 acres Area #2 Residential Waters 0 acres Buffers 0 (square ft. 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Additional Conditions Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater that 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in disequilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. If concrete is used during construction, a dry work area should be maintained to prevent contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with § 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designed or achieved use) or that State and Federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the on-site project manager. 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 Kyle Barnes at 252-948-3917 or Roberto Scheller at 252-948-3940 in the Washington Regional Office. Sincerely, For Man JVi ?me . P. Enclosures: GC 3404, GC 3402 Certificate of Completion cc: USACE Washington Regulatory Field Office DLR Washington Regional Office File Copy 401 Unit/Central Files Filename: 2006-0992 1 'bltllll?t ?i ?,Y, ro1?M??lumb?r. ; OebO4§ ?' Y? Da 1 x ?1 ?utut lt>fu d IA.StAcbv4,0, .. Ptohctutu d •PrS1RM NarnO: 94 %GE `Piolact rypta: other Pral?ct disc.:ii Hp! A 0 ndnd ipiJC, be" ch 414 c ??1w1 Orb , ` w E 'RocoN$dFrom: DOM r pMottneitwi - COEIDt, OG111?1?.; 'Pnmory Coun*., Dsn l' M' M6alUon Railbr D sDOT.O `L •Admin Rlplon; W?thl n` RocMlwd Dt QOl1 0i>wdu?asy opy Gl in rons putii? land Rivllwrr b Ii k jy ?qulFn? 1liil?dDl h A1111?If ??s=5 ? t Cll} P} r i'{ ? 4i, `" F K i a [? tr Dk- DO'M OIAcs CM ?I F 4 fi * , pWV Plan Roca"d Dk ? y ; t o _OW ;9WPI1hMdrovidDt' 3 Ppp(IcNobco Pu611ihodDt ?'OE Omc• n0?1l1 ?glil}b1 . _ L X11 b? Upg4t?d By ItiUti a 'd ` BWPI?n'Locabdrr ? + . !? Public Nobcs Rioo?yed,Qr 41tl 4pdtled On: 0?100I?006 ;.- 8e"90 DIePoOO,l P.N. Oomment Penod Ehd/ Dt' r r "'.deck JNe?u» n ?i ??_ ?loi• ` :?_ -- --- - - - - --- - rROedy 1Pppe VII r81Di WP1 Lightkeeper Estates C/O Trisha Midgett and Bette Gray Dare County Express Permit Review Program Page Two Project description The applicant proposes to subdivide the property into 5 residential building lots comprised of two oceanfront lots and three lots immediately off NC 12. An asphalt access road with a cul-de-sac is proposed off NC 12 to give access to the three interior lots. The applicant proposes to come off the cul-de-sac with a filled driveway in the 404-wetland area to terminate with a parking area on the two proposed oceanfront lots. Two 2' by ±24' long culverts will be placed in the existing ditch to maintain a hydrologic connection to the 404 wetland. The filled driveway will be constructed using ±2' of sand fill and will have a base width of ±20' and a total length of ±6411. The top width of the drive will be ±10' wide and will be gravel. As proposed, the new driveway will abut the adjoining campground property along the property line. All of the proposed parking area and the majority of the driveway will be located in the 404 wetland area. The total area for the driveway and parking impact in the 404 wetland is ±15,009 ft2 and the applicant proposes to apply for a Nationwide #14 Permit from the USACOE for this impact. In order to meet the small structure setback, ± 4,275 ftZ of 404 wetlands will be filled to create uplands for the construction of 2 - 42' by 50' (2,100 ftZ footprint) dwellings for the oceanfront lots. The proposed building sites include existing uplands and the proposed fill will square off the two sites and connect them to the aforementioned parking area created from filled 404 wetlands. The applicant proposes to apply for a Nationwide #18 Permit from the USACOE for this impact. Septic systems are proposed for all 5 lots with the two oceanfront lots using a pumping system to a designated area on the upland property on the western side of the property associated with NC 12. All sewer, water, electric, and telephone lines will be installed in the proposed filled driveway for the oceanfront lots. Access to the beach is proposed by constructing a 6' wide by ±67' long elevated wooden access over 404 wetlands connecting the new parking area to the uplands. The beach access (±250' long) will then be on existing sand grade with sand fence on each side to control pedestrian access and reduce the damage to the dune structure. A 6' wide by 65' long wooden access is proposed over the primary dune to the public beach. On either side of this access the applicant proposes to construct ±174 ft2 octagon shaped gazebos connected to the access by 6' wide by ±101 long wooden structures. Anticipated Impacts The project as proposed will result in the filling of ±19,608 ft2 of 404 wetlands for the construction of a driveway with parking and two building pads. The construction of the beach access will shade ±402 ft2 of 404 wetlands and impact _+ 858 ft2 of dune structure. Approximately ±53,548 ft2 of uplands will be disturbed as a result of the development activities. David W. Moye - 19 June 2006 Lightkeeper Estates C/O Trisha Midgett and Bette Gray Dare County Express Permit Review Program Project setting Brian Rubino with Quible & Associates, on behalf of Mrs. Trisha Midgett and Mrs. Bette Gray, has requested the attached application be processed under the Express Permit Review Program, for a five-lot subdivision with ocean access under the name of Lightkeeper Estates. The project site is located in the Town of Rodanthe at 23731 NC 12 on the Atlantic Ocean in Dare County, North Carolina. The proposed project site comprises ±6.67 acres and is currently undeveloped. A portion of the project site is within the Ocean Hazard Area of Environmental Concern (AEC) as identified in North Carolina Administrative Code 15A NCAC 07H.0304. All development within this area is subject to authorization by the Division of Coastal Management. The property runs from the Atlantic Ocean to NC 12 and is ±1,485' deep. The site has ±177' of oceanfront shoreline and widens slightly as you move inland to a width of ±212' adjacent NC 12. The first ±500' of the site from NC 12 towards the ocean is sandy soil uplands vegetated with live oak, upland grasses, bay, and wax myrtle. The center ±600' of the property is an area that has been delineated as a 404 wetland by William Wescott of the US Army Corps of Engineers (USACOE). This 404 wetland area is dominated by Juncus roemerianus, and also has Spartina patens, Cladium iamaicense, Limonium spp., Scirpus sm, and pennywort. Although many Coastal Wetland species are present, this area is not subject to regular or irregular flooding and has not been claimed as a Coastal Wetland under the jurisdiction of the Division of Coastal Management. An approximately 8' wide ditch bisects the 404 wetland area in a north to south alignment. The remainder of the site transitions from the wetland area to sandy uplands vegetated with upland grasses, bay and wax myrtle, and then into a low-lying frontal dune system with sea oats and American Beach grass (Ammophila sp.). American Beach grass has recently been sprigged to re-establish vegetation along the oceanfront. The Ocean Hazard AEC line has been established and is located in the 404 wetland area approximately center way of the site. The first line of stable vegetation has been set by Mr. Jim Meads (LPO for Dare County). Mr. Meads has also set the small structure setback for the site at ±285' from the first line of stable vegetation. The project site is bordered on the north (upstream) side by developed single-family oceanfront properties with similar vegetation and the wetland area described above terminates in this area. The site is bordered on the south (downstream) side by a campground. Originally the campground property was bisected with the same ditch and 404 wetland area as described on the applicant's property. At some point in the past, the campground site placed a culvert in the ditch across the entire property and filled the wetland to create uplands from NC 12 to the ocean effectively cutting off surface waterflow to the subject property. The Atlantic Ocean is classified as SB by the Environmental Management Commission and is not open to shell fishing. The site is ±5' above the normal water level. 0114(4/ C- a-- i w _ V qa North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 19 June 2006 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: Cyndi Karoly Division of Water Quality p I? 0\VIP L? u FROM: David W. Moye Express Permits Coordinator JUN 2 0 2006 DENR - WGTER QUALITY SUBJECT: CAMA/DREDGE & FILL Permit Application Review WETLANDSANDSTORMWATERBRANCH Applicant: Trisha Midgett and Bette Gray Lightkeeper Estates Project Location: Adjacent the Atlantic Ocean at 23731 NC 12 in Rodanthe in Dare County, North Carolina Proposed Project: The applicant proposes to subdivide the property into 5 lots (2 oceanfront and three street side, construct an asphalt access road, fill 404 wetlands for a gravel driveway and two home sites, construct an elevated wooden walkway over 404 wetlands, construct two gazebos and a shared wooden access to the beach. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 10 July 2006. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.net/ An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Quible Quible & Associates, RC, ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 June 15, 2006 TRANSMITTAL RE: Lightkeeper Estates Express 401 Water Quality Permitting To: Kyle Barnes, DWQ From: Brian Rubino k) LP - og92, P.O. Drawer 670 Kitty Hawk, NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. JUN 1 9 2006 E,ftii.;f Mr. Barnes: This 401 Water Quality Certification Package for Lightkeeper Estates in Rodanthe, Dare County addresses items that we discussed during the May 31, 2006 pre-application meeting. According to our discussions, DWQ will have the opportunity to review this project through this PCN Application submission and through the CAMA Major submission. Enclosed are seven copies of the following: • Project Narrative • PCN Application • USACE Jurisdictional Determination (3-29-04) • Portion of Applicable USGS Vicinity Map • Portion of Dare County Soil Survey, Sheet 18 • NCEEP, In Lieu Request Form • Letter from Jazania O'Neal (December 2005) denying access through her campground property If you have any questions or require any additional information for this permit request, you can reach me at (252) 261-3300. Thanks for your attention to this project. Respectfully Submitted, 1v` llz? Brian Rubino J&z!kRflW75 @D JUL 0 5 2006 WEII AM) ATJF? rCH Quible Quible & Associates, P.C, ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 June 15, 2006 TRANSMITTAL RE: Lightkeeper Estates Nationwide #14 and #18 Permitting To: Raleigh Bland, USACE From: Brian Rubino Mr. Bland: P.O. Drawer 870 Kitty Hawk, NC 27949 Phone: 252-261-3300 Fax: 252-26 1 -1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. This Nationwide #14 and #18 Application Package for Lightkeeper Estates in Rodanthe, Dare County addresses items that we discussed during the May 31, 2006 pre-application meeting. I have submitted seven copies of this information to Kyle Barnes at NCDWQ for Water Quality Certification. This package includes: • Project Narrative • PCN Application • USACE Jurisdictional Determination (3-29-04) • Portion of Applicable USGS Vicinity Map • Portion of Dare County Soil Survey, Sheet 18 • NCEEP, In Lieu Request Form • Letter from Jazania O'Neal (December 2005) denying access through her campground property If you have any questions or require any additional information for this permit request, you can reach me at (252) 261-3300. Thanks for your attention to this project. Respectfully Submitted, 1>.,? /Z-A-, Brian Rubino PROJECT NARRATIVE- Lightkeeper Estates May 30, 2006, Revised June 13, 2006 Existing Conditions The subject property is located is located on the east side of NC 12 in Rodanthe, Dare County, North Carolina. The subject property is an approximately 6.67 acre parcel of property. The applicants/owners for this Major CAMA application, Trisha Midgett and Bette Gray have owned the parcel since February 2004. There is a section 404 wetland area in the central portion of the property that encompasses a drainage ditch that runs in a north to south direction. This wetland area has been determined by NC Division of Coastal Management (DCM) to not include any jurisdictional "coastal wetlands" The ditch does retain shallow water during times of normal precipitation, but it is commonly found to become dry. East of the Section 404 area is a broad upland area that lies within the Ocean Hazard AEC with sandy soils and herbaceous and estuarine shrub-type vegetation. There is also a low-lying frontal dune that is capable of migrating, eroding or accreting. However, erosive forces do currently dominate in this area. According to DCM, the maximum erosion rate is 9.5 ft/yr in this vicinity of beach front. The current FLSNV has been verified by CAMA LPO from Dare County, Jim Meads on May 4, 2006. This location is approximately 60 ft landward of the pre- Hurricane Isabel Line that had formerly been established. The owners have recently (March-April 2006) installed sections of sand fence and have planted american beachgrass sprigs oceanward of the existing FLSNV. It is the intention of the owners to establish good vegetative growth along the oceanfront where the former FLSNV was prior to Hurricane Isabel. This would help protect the existing FLSNV from being pushed further landward. In the past, the applicants have applied for a CAMA variance and have been formerly denied. The variance was to request that a residential structure be built on the oceanfront by utilizing NCAC standard T15A: 07H .0309 Use Standards for Ocean Hazard Areas: Exceptions. Denial was due to the presence of buildable area on the parcel to the west of the Section 404 area. Therefore, in order to build on the oceanfront at all, the small structure setback would have to be met, which is 285 ft from the current First Line of Stable Natural Vegetation (FLSNV). Proposed Work As depicted on the accompanying site plan, the applicant proposes to subdivide the 6.67 acre tract into five single family residential lots. This includes the creation of an access road over an area of existing jurisdictional wetlands to two oceanfront lots (lots 1 and 2). Prior to applying for the Nationwide 14 for the access road, requests were made to the adjacent property (O'Neal Campground) owner to use their property to access the oceanfront lots. The owner, Jazania O'Neal has provided a letter stating that the use of their property is not feasible (enclosed letter dated December 5, 2005). To minimize the impacts, the proposed fill on the subject property has been proposed adjacent to the historically filled O'Neal Campground, linking to existing uplands, as to not create a separate "land dam". At one point, the applicant discussed with the adjacent owner on the north side (County of Dare) to be joint applicants, and propose a road on the north property boundary. This could have provided ocean access to the County and the applicant. However, after further investigation, the County has an existing Water Quality Protection Easement on their property which limits their ability 1 of 2 to permit public crossing. There is a proposed public roadway with a cul-de-sac in the front of the property, off of NC 12 which does not require any wetlands impacts. The private driveway, which is proposed as an extension off of the cul-de-sac, is proposed to be backfilled with compacted sandy material and topped with crushed gravel. Current conditions do not allow for access to the buildable lots on the east side without construction of this driveway. There are numerous existing structures located on the east side of this wetland area to the north and south of the subject tract. For the properties to the north and south, similar proposed access roads have been constructed. The proposed Section 404 wetland area under jurisdiction of the US Army Corps of Engineers that is proposed to be filled for the driveway and parking is approximately 641 linear ft (if) and 15,307 sq.ft. (0.35 ac.). This is proposed under a Nationwide #14 permit from USACE. The travel aisle will be 10 ft wide (crowned) with vegetated side slopes to be constructed at a 2.5:1 slope (total driveway width including travel aisle and side slopes is 20 ft). A maximum of 2 ft of sand fill will be necessary to provide sufficient elevation for the access corridor. There will be no aggregate material placed on the slopes of the vegetated filter strips. In order to maintain a surface water hydrologic connection, two (side-by-side) 24 inch diameter culverts are proposed to be placed in the ditch. The maximum water depth after precipitation events in the ditch is approximately 0.5 ft (6 inches). Therefore the height of the top of the culvert would be 1.25 ft above normal water level. The length of the culvert is planned to be 24 ft. The ditch cross-section on the site plan shows this design. Also proposed, on future lots 1 and 2, are two residential structures with 2,100 sq.ft. maximum footprints each, measured from the outer edges of the roof lines. In order to keep these structures entirely outside the small structure setback, some additional Section 404 wetland fill would be required. The total fill would be 4,301 sq.ft. (0.10 ac.). This is proposed under a Nationwide #18 permit from USACE. The total wetlands fill proposed is 0.45 ac. Of this 0.45 acres, 0.35 ac. would fall under a Nationwide #14 and 0.10 ac, would fall under a Nationwide #18. Of the proposed wetlands fill area, 0.31 ac. are within the Ocean Hazard AEC. Prior to any land disturbance activity, a silt fence will be installed on both sides of the fill area. Compensatory mitigation proposed is payment to the NCEEP for freshwater non-riparian wetlands. A request has been sent to NCEEP for this mitigation. This is proposed at a 2:1 mitigation to impact ratio. Also proposed, for access to the public beach, is a beach access walkway. The first 67 if of the walkway will be pile-supported over Section 404 wetlands (See cross-section). The portion of the walkway over the frontal dune area will also be pile-supported. The majority of this walkway will be on existing sand grade and will be lined with sand fence. The purpose of this walkway is to direct pedestrian foot traffic for the subdivision along the same pathway to avoid unnecessary erosion. Future Work In the future, lots 3-5 will be sold and developed with single family residences, similar to lots 1 and 2. These lots are entirely outside of the AEC and will not require CAMA permits. Even though there is no specific plan for development on these lots, maximum coverages on these lots is referenced in the NCDWQ, Low-Density Stormwater Management Plan. 2of2 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ® Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14 and 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information Q p ? @ 9 OdC? D 1. Owner/Applicant Information JUL 0 5 2006 Name: Trisha Midgett and Bette Gray Mailing Address: P.O. Box 250 uENR • WATER QUALITY Hatteras, NC 27943 Telephone Number: (252) 986-6324 Fax Number:_ _(252) 987-2554 E-mail Address: trisham@Midgettrealtv.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Brian Rubino Company Affiliation: Quible & Associates, P.C. Mailing Address: P.O. Box 870 Kitty Hawk NC 27949 Telephone Number: (252) 261-3300 Fax Number: (252) 261-1260 E-mail Address: brubino@quible.com Updated 11/1/2005 Page 5 of 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE 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: Lightkeeper Estates 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 065805096827 4. Location County: Dare Nearest Town: Rodanthe Subdivision name (include phase/lot number): No existing subdivision; the future subdivision is depicted on the accompanying site plan (Lightkeeper Estates Lots 1-5) Directions to site (include road numbers/names, landmarks, etc.): NC 12 South to Rodanthe on Hatteras Island; the subject property is immediately south of the Rodanthe Dare County Water Department facility on the east (ocean side) of NC 12 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.58890 ON 75.46895 °W 6. Property size (acres): 6.67 7. Name of nearest receiving body of water:_ The Pamlico Sound is the nearest water body to the west side of the property and the Atlantic Ocean is nearest to the east side In addition there is a drainage ditch in the central portion of the property that holds shallow water during and after precipitation events. 8. River Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Updated 11/1/2005 Page 6 of 14 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property contains a small graveyard in the southwest portion of the property which will be protected and preserved Otherwise the property is currently undeveloped and contains herbaceous and estuarine shrub-type vegetation There are 2.80 acres of iurisdictional Section 404 wetlands and 3.87 acres of uplands (non- wetlands). 10. Describe the overall project in detail, including the type of equipment to be used: The project involves creation of a 6.67 acre parcel into a five-lot subdivision A ublic asphalt surfaced roadway with a cul-de-sac is proposed off of NC 12 and a private extension off of the cul-de-sac is proposed to access home sites on lots 1 and 2 The private access corridor (driveway) is proposed to cross Section 404 wetlands since there is no alternate access to the oceanfront uplands. The roadway will be constructed with the use of dump trucks, back hoe and other rading and compaction equipment The proposed houses on lots 1 and 2 will be pile-supported. Also proposed is a 67 linear ft pile supported walkway over Section 404 wetlands. This walkway is to provide a designated access to the public beach for residents of the subdivision. The walkway will be constructed of slatted wood and will be elevated 3 ft above wetland substrate. The piles will be washed in place and construction will not involve filling of iurisdictional wetlands. 11. Explain the purpose of the proposed work: The purpose of the wetlands impacts associated with the driveway (Nationwide 14) are to provide an access corridor to the uplands located on the east (ocean side) of the subject property. This access corridor is proposed on the south side of the subiect property, along an area that adjoins existing uplands on the adjacent property. The wetlands impacts associated the residential structure construction (Nationwide 18) are to provide sufficient building footprints for lots 1 and 2 While both lots 1 and 2 have a significant existing upland area adjoining the proposed driveway access ocean hazard setbacks require a small structure setback from the First Line of Stable Natural Vegetation (FLSNV) to be 285 ft. Similar lots with much smaller areas in the same vicinity are permitted to utilize CAMA exception rule (T15A• 07H 0309) to reduce this setback to 60 ft This large parcel is unable to utilize this reduction in setbacks due to the presence of a buildable area on the west side of the wetland area A CAMA variance has been applied for and has received denial. Therefore, in order to meet the ocean hazard setback based on 30 times the maximum annual erosion rate from the FLSNV 0.1 acres of Section 404 wetland are proposed to be impacted. Prior to hurricane Isabel the FLSNV was on average 60-70 ft waterward of its present location. The existing FLSNV established on 5-4-06 by Dare County LPO, is depicted on the site plan. Recent American beachgrass plantings waterward of the FLSNV have been performed to attempt to protect the FLSNV from additional loss 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 Updated 11/1/2005 Page 7 of 14 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. A jurisdictional determination of Section 404 wetlands (Action ID: 200411316) has been issued on 3-29-04 by William Wescott USACE Other necessary permits that are being requested at this time include Low Density Stormwater Management (NCDWQ) Soil Erosion and Sedimentation Control (NCDLQ) 401 Water Quality Certification (NCDWQ) 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. There will be a future building permit request to Dare County after required State and Federal permits are issued. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impacts to Section 404 wetlands have been separated into those impacts proposed under a Nationwide 14 and those impacts proposed under a Nationwide 18. The wetlands on the subject property have been determined by NCDCM not be "coastal wetlands". Nationwide 14 impacts proposed total 0.35 acres and Nationwide 18 impacts proposed total 0.1 acres 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, senarately list imnaets dne to both ctrnctnrP and flnnrlina Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Flo odplaiodplain Stream (acres) ( (linear feet) Updated 11/1/2005 Page 8 of 14 Area 1 Fill/Grading Estuarine Shrub/ Herbaceous yes 378 to ocean 0.35 Area 2 Fill/Grading Estuarine Shrub/ Herbaceous yes 429 to ocean 0.10 Total Wetland Impact (acres) 0.45 3. List the total acreage (estimated) of all existing wetlands on the property: 2.80 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage. multiply length X width- then divide by 43 560 N/A Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) N/A 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation. dredging. flooding. drainage- bulkheads- etc N/A Open Water Impact Site Number (indicate on ma) Name Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect- Stream Impact (acres): N/A Wetland Impact (acres): 0.45 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.45 Total Stream Impact (linear feet): N/A Updated 11/1/2005 Page 9 of 14 Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. Prior to applying for the Nationwide 14 , requests were made to the adjacent property (ONeal Campground) owner to use their property to access the oceanfront lots The owner Jazania O'Neal has provided a letter stating that the use of their property is not feasible (enclosed letter dated December 5 2005) To minimize the impacts the proposed fill on the subject property has been proposed adjacent to the historically filled O'Neal Campground as to not create a separate "land dam" At one point the applicant discussed with the adjacent owner on the north side (County of Dare) to be joint applicants, and propose a road on the north property boundary. This could have provided ocean access to the County and the applicant. However, after further investigation the County has an existing Water Quality Protection Easement on their property which limits their ability to permit public crossing VIII. Mitigation Updated 11/1/2005 Page 10 of 14 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed 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/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. Proposed mitigation includes payment into the NC EEP at a 2.1 mitigation to fill ratio A request to enter the EEP mitigation program has been made (See request document enclosed) 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Updated 11/1/2005 Page I I of 14 Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): 1.0 acre mitigation payment requested (0.45 acres impacted) Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? N/A 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A L I Zone* Impact Multiplier Required (square feet) Mitip-ation 1 3 (2 for Catawba) 2 1.5 Total I I I I * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Updated 11/1/2005 Page 12 of 14 3. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration Riparian Buffer Restoration Fund). Please attach all within 15A NCAC 2B .0242 or.0244, or.0260. N/A type of mitigation is proposed (i.e., Enhancement, or Payment into the appropriate information as identified XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is no existing impervious coverage on the site. The total impervious coverage on the property will be 25,417 sq.ft which includes all road driveway and parking surfaces, maximum house footprints and covered gazebo footprints This is 15.1 percent of the total upland area on the parcel. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Each of the lots will have on-site septic treatment systems. Each lot has been configured so that there is sufficient area for on-site systems to be permitted through the Dare County Health Department. XIII. Violations (required by DWQ) 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. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): Updated 11/1/2005 Page 13 of 14 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 14 of 14 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT C-nn Action ID 200411316 County Dare y NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Wilma Midgett Property c/o Claude Mid2ett Address: 870 Seminole Road Atlantic Beach, Florida 32233 Telephone No.: Size and location of property (waterbody, road name/number, town, etc.) 7.91 acre parcel bisected by the North Drain on the east side of NC12 in Rodanthe Dare County. PIN 065805096827 Indicate Which of the FollowinLx 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 surveyed, 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 the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 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 William Wescott at 252-975-1616 extension 25. Basis For Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual, and is adiacent to the North Drain which connects to Pamlico Sound Property Owner/Authorized Agent Signature ! - Corps Regulatory Official Date 3-29-2004 Expiration Date 3-29-2009 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM ? y ? rCCCC ;? ,? ? Pauts,A* Da ill 4i0ht Uncle Jim '•"- = m Landing N Waves 11°W Name:RODANTHE Date: 4/27/2006 Scale: 1 inch equals 2000 feet ,?{t t? 8rot n. _.1c r a Location: 035° 35'20.05" N 075° 28'8.22" W Caption: Lightkeeper Estates 23731 NC 12 Rodanthe, Dare County cn O r to e T O rv lJ n z° ?00 z 0 x y x a x 0 r z a NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORM NOTE: Revised 4/19/06 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. . Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: httj?:Hcfi)ub.ei)a.gov/surf/locate/index.cfm Direct all questions to Chris Mankoff at 919-716-1921 or Chris.Mankoff@ncmail.net December 5, 2005 Mr. & Mrs. Rudy Gray Mr. & Mrs. Tim Midgett POB 37 Rodanthe, North Carolina 27968 Dear Mr. & Mrs. Gray & Mr. & Mrs. Midgett: Pursuant to your request to access your adjoining oceanfront property through my campground is not feasible. It's with regret that I have to deny your request. Sincerely yours, Jazania O'Neal, Owner C r0l / OJT?1?_ - T 1 /2 C_ 0O Quible `,) V44 Quible & Associates, P,C, RO,Drawer 870 Kitty Hawk, NC 27949 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Phone: 252-261-3300 SINCE 1959 0 Fax: 252-261-1260 June 15, 2006 TRANSMITTAL RE: Lightkeeper Estates Express 401 Water Quality Permitting To: Kyle Barnes, DWQ From: Brian Rubino Mr. Barnes: L) to o -I 2 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. 11llIL® E JUN 1 9 2006 DWQ-!! YARD This 401 Water Quality Certification Package for Lightkeeper Estates in Rodanthe, Dare County addresses items that we discussed during the May 31, 2006 pre-application meeting. According to our discussions, DWQ will have the opportunity to review this project through this PCN Application submission and through the CAMA Major submission. Enclosed are seven copies of the following: • Project Narrative • PCN Application • USACE Jurisdictional Determination (3-29-04) • Portion of Applicable USGS Vicinity Map • Portion of Dare County Soil Survey, Sheet 18 • NCEEP, In Lieu Request Form • Letter from Jazania O'Neal (December 2005) denying access through her campground property If you have any questions or require any additional information for this permit request, you can reach me at (252) 261-3300. Thanks for your attention to this project. Respectfully Submitted, Brian Rubino Quible Quible & Associates, P.C, ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 June 15, 2006 TRANSMITTAL RE: Lightkeeper Estates Nationwide #14 and #18 Permitting To: Raleigh Bland, USACE From: Brian Rubino Mr. Bland: P.O. Drawer 870 Kitty Hawk, NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdivieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. This Nationwide #14 and #18 Application Package for Lightkeeper Estates in Rodanthe, Dare County addresses items that we discussed during the May 31, 2006 pre-application meeting. I have submitted seven copies of this information to Kyle Barnes at NCDWQ for Water Quality Certification. This package includes: • Project Narrative • PCN Application • USACE Jurisdictional Determination (3-29-04) • Portion of Applicable USGS Vicinity Map • Portion of Dare County Soil Survey, Sheet 18 • NCEEP, In Lieu Request Form • Letter from Jazania O'Neal (December 2005) denying access through her campground property If you have any questions or require any additional information for this permit request, you can reach me at (252) 261-3300. Thanks for your attention to this project. Respectfully Submitted, Brian Rubino V* PROJECT NARRATIVE- Lightkeeper Estates May 30, 2006, Revised June 13, 2006 Existing Conditions The subject property is located is located on the east side of NC 12 in Rodanthe, Dare County, North Carolina. The subject property is an approximately 6.67 acre parcel of property. The applicants/owners for this Major CAMA application, Trisha Midgett and Bette Gray have owned the parcel since February 2004. There is a section 404 wetland area in the central portion of the property that encompasses a drainage ditch that runs in a north to south direction. This wetland area has been determined by NC Division of Coastal Management (DCM) to not include any jurisdictional "coastal wetlands" The ditch does retain shallow water during times of normal precipitation, but it is commonly found to become dry. East of the Section 404 area is a broad upland area that lies within the Ocean Hazard AEC with sandy soils and herbaceous and estuarine shrub-type vegetation. There is also a low-lying frontal dune that is capable of migrating, eroding or accreting. However, erosive forces do currently dominate in this area. According to DCM, the maximum erosion rate is 9.5 ft/yr in this vicinity of beach front. The current FLSNV has been verified by CAMA LPO from Dare County, Jim Meads on May 4, 2006. This location is approximately 60 ft landward of the pre- Hurricane Isabel Line that had formerly been established. The owners have recently (March-April 2006) installed sections of sand fence and have planted american beachgrass sprigs oceanward of the existing FLSNV. It is the intention of the owners to establish good vegetative growth along the oceanfront where the former FLSNV was prior to Hurricane Isabel. This would help protect the existing FLSNV from being pushed further landward. In the past, the applicants have applied for a CAMA variance and have been formerly denied. The variance was to request that a residential structure be built on the oceanfront by utilizing NCAC standard T15A: 07H .0309 Use Standards for Ocean Hazard Areas: Exceptions. Denial was due to the presence of buildable area on the parcel to the west of the Section 404 area. Therefore, in order to build on the oceanfront at all, the small structure setback would have to be met, which is 285 ft from the current First Line of Stable Natural Vegetation (FLSNV). Proposed Work As depicted on the accompanying site plan, the applicant proposes to subdivide the 6.67 acre tract into five single family residential lots. This includes the creation of an access road over an area of existing jurisdictional wetlands to two oceanfront lots (lots 1 and 2). Prior to applying for the Nationwide 14 for the access road, requests were made to the adjacent property (O'Neal Campground) owner to use their property to access the oceanfront lots. The owner, Jazania O'Neal has provided a letter stating that the use of their property is not feasible (enclosed letter dated December 5, 2005). To minimize the impacts, the proposed fill on the subject property has been proposed adjacent to the historically filled O'Neal Campground, linking to existing uplands, as to not create a separate "land dam". At one point, the applicant discussed with the adjacent owner on the north side (County of Dare) to be joint applicants, and propose a road on the north property boundary. This could have provided ocean access to the County and the applicant. However, after further investigation, the County has an existing Water Quality Protection Easement on their property which limits their ability 1 of 2 to permit public crossing. There is a proposed public roadway with a cul-de-sac in the front of the property, off of NC 12 which does not require any wetlands impacts. The private driveway, which is proposed as an extension off of the cul-de-sac, is proposed to be backfilled with compacted sandy material and topped with crushed gravel. Current conditions do not allow for access to the buildable lots on the east side without construction of this driveway. There are numerous existing structures located on the east side of this wetland area to the north and south of the subject tract. For the properties to the north and south, similar proposed access roads have been constructed. The proposed Section 404 wetland area under jurisdiction of the US Army Corps of Engineers that is proposed to be filled for the driveway and parking is approximately 641 linear ft (If) and 15,307 sq.ft. (0.35 ac.). This is proposed under a Nationwide #14 permit from USACE. The travel aisle will be 10 ft wide (crowned) with vegetated side slopes to be constructed at a 2.5:1 slope (total driveway width including travel aisle and side slopes is 20 ft). A maximum of 2 ft of sand fill will be necessary to provide sufficient elevation for the access corridor. There will be no aggregate material placed on the slopes of the vegetated filter strips. In order to maintain a surface water hydrologic connection, two (side-by-side) 24 inch diameter culverts are proposed to be placed in the ditch. The maximum water depth after precipitation events in the ditch is approximately 0.5 ft (6 inches). Therefore the height of the top of the culvert would be 1.25 ft above normal water level. The length of the culvert is planned to be 24 ft. The ditch cross-section on the site plan shows this design. Also proposed, on future lots land 2, are two residential structures with 2,100 sq.ft. maximum footprints each, measured from the outer edges of the roof lines. In order to keep these structures entirely outside the small structure setback, some additional Section 404 wetland fill would be required. The total fill would be 4,301 sq.ft. (0.10 ac.). This is proposed under a Nationwide #18 permit from USACE. The total wetlands fill proposed is 0.45 ac. Of this 0.45 acres, 0.35 ac. would fall under a Nationwide #14 and 0.10 ac. would fall under a Nationwide #18. Of the proposed wetlands fill area, 0.31 ac. are within the Ocean Hazard AEC. Prior to any land disturbance activity, a silt fence will be installed on both sides of the fill area. Compensatory mitigation proposed is payment to the NCEEP for freshwater non-riparian wetlands. A request has been sent to NCEEP for this mitigation. This is proposed at a 2:1 mitigation to impact ratio. Also proposed, for access to the public beach, is a beach access walkway. The first 67 If of the walkway will be pile-supported over Section 404 wetlands (See cross-section). The portion of the walkway over the frontal dune area will also be pile-supported. The majority of this walkway will be on existing sand grade and will be lined with sand fence. The purpose of this walkway is to direct pedestrian foot traffic for the subdivision along the same pathway to avoid unnecessary erosion. Future Work In the future, lots 3-5 will be sold and developed with single family residences, similar to lots 1 and 2. These lots are entirely outside of the AEC and will not require CAMA permits. Even though there is no specific plan for development on these lots, maximum coverages on these lots is referenced in the NCDWQ, Low-Density Stormwater Management Plan. 2of2 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. O lu - C) a Ol 2, (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ® Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14 and 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information 1. Owner/Applicant Information Name: Trisha Midgett and Bette Gray Mailing Address: P.O. Box 250 Hatteras, NC 27943 Telephone Number: (252) 986-6324 Fax Number: (252) 987-2554 E-mail Address: trisham@mid ettg realty.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Brian Rubino Company Affiliation: Quible & Associates, P.C. Mailing Address: P.O. Box 870 Kitty Hawk NC 27949 Telephone Number: (252) 261-3300 Fax Number: (252) 261-1260 E-mail Address: brubino@auible.com Updated H/l/2005 Page 5 of 14 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE 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: Lightkeeper Estates 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 065805096827 4. Location County: Dare Nearest Town: Rodanthe Subdivision name (include phase/lot number): No existing subdivision; the future subdivision is depicted on the accompanying site plan (Lightkeeper Estates Lots 1-5) Directions to site (include road numbers/names, landmarks, etc.): NC 12 South to Rodanthe on Hatteras Island; the subject property is immediately south of the Rodanthe Dare County Water Department facility on the east (ocean side) of NC 12 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.58890 ON 75.46895 °W 6. Property size (acres): 6.67 7. Name of nearest receiving body of water: The Pamlico Sound is the nearest water body to the west side of the property and the Atlantic Ocean is nearest to the east side In addition there is adrainage ditch in the central portion of the property that holds shallow water during and after precipitation events. 8. River Basin: Pasquotank (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Updated 11/1/2005 Page 6 of 14 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The property contains a small graveyard in the southwest portion of the property which will be protected and preserved Otherwise the property is currently undeveloped and contains herbaceous and estuarine shrub-type vegetation There are 2.80 acres of iurisdictional Section 404 wetlands and 3.87 acres of uplands (non- wetlands). 10. Describe the overall project in detail, including the type of equipment to be used: The project involves creation of a 6.67 acre parcel into a five-lot subdivision A public asphalt surfaced roadway with a cul-de-sac is proposed off of NC 12 and a private extension off of the cul-de-sac is proposed to access home sites on lots 1 and 2. The private access corridor (driveway) is proposed to cross Section 404 wetlands since there is no alternate access to the oceanfront uplands. The roadway will be constructed with the use of dump trucks, back hoe and other grading and compaction equipment The proposed houses on lots 1 and 2 will be pile-supported. Also proposed is a 67 linear ft pile supported walkway over Section 404 wetlands. This walkway is to provide a designated access to the public beach for residents of the subdivision. The walkway will be constructed of slatted wood and will be elevated 3 ft above wetland substrate The piles will be washed in place and construction will not involve filling of jurisdictional wetlands 11. Explain the purpose of the proposed work: The purpose of the wetlands impacts associated with the driveway (Nationwide 14) are to provide an access corridor to the uplands located on the east (ocean side) of the subject property. This access corridor is proposed on the south side of the subject property, along an area that adjoins existing uplands on the adjacent property. The wetlands impacts associated the residential structure construction (Nationwide 18) are to provide sufficient building footprints for lots 1 and 2. While both lots 1 and 2 have a significant existing upland area adjoining the proposed driveway access ocean hazard setbacks require a small structure setback from the First Line of Stable Natural Ve etation (FLSNV) to be 285 ft. Similar lots with much smaller areas in the same vicinity are permitted to utilize CAMA exception rule (T15A• 07H 0309) to reduce this setback to 60 ft This large parcel is unable to utilize this reduction in setbacks due to the presence of a buildable area on the west side of the wetland area A CAMA variance has been applied for and has received denial. Therefore, in order to meet the ocean hazard setback based on 30 times the maximum annual erosion rate from the FLSNV 0.1 acres of Section 404 wetland are proposed to be impacted. Prior to hurricane Isabel the FLSNV was on average 60-70 ft waterward of its present location. The existing FLSNV established on 5-4-06 by are. County LPO is depicted on the site plan Recent American beach grass plantings waterward of the FLSNV have been performed to attempt to protect the FLSNV from additional loss 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 Updated 11/ 1 /2005 Page 7 of 14 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. A jurisdictional determination of Section 404 wetlands (Action ID: 200411316) has been issued on 3-29-04 by William Wescott USACE Other necessary permits that are being requested at this time include Low Density Stormwater Management (NCDWQ) Soil Erosion and Sedimentation Control (NCDLO) 401 Water Quality Certification (NCDWQ) 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. There will be a future building permit request to Dare County after required State and Federal permits are issued. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impacts to Section 404 wetlands have been separated into those impacts proposed under a Nationwide 14 and those impacts proposed under a Nationwide 18. The wetlands on the subject property have been determined by NCDCM not be "coastal wetlands" Nationwide 14 impacts proposed total 0.35 acres and Nationwide 18 impacts proposed total 0.1 acres 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list imnacts due to both Strnr.tnre and flnMina Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) FloodPlain Stream acres ( es/no) (linear feet) Updated 11/1/2005 Page 8 of 14 Area I Fill/Grading Estuarine Shrub/ Herbaceous yes 378 to ocean 0.35 Area 2 Fill/Grading Estuarine Shrub/ Herbaceous yes 429 to ocean 0.10 Total Wetland Impact (acres) 0.45 3. List the total acreage (estimated) of all existing wetlands on the property: 2.80 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage. multinly len¢th X width then divide by 43 Sin N/A Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Total Stream Impact (by length and acreage) N/A 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavation- dredging- flooding- drainave_ htilkheadc etr, N/A Open Water Impact Site Number (indicate on ma) Name (if applicable) ) Wat Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative imr)act to all Waters of the U.S. resnltinu from the. nrniectr Stream Impact (acres): N/A Wetland Impact (acres): 0.45 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.45 Total Stream Impact (linear feet): N/A Updated I1/1/2005 Page 9 of 14 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation N/A If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. Prior to applying for the Nationwide 14 , requests were made to the adjacent property (ONeal Campground) owner to use their property to access the oceanfront lots The owner. Jazania O'Neal has provided a letter stating that the use of their property is not feasible (enclosed letter dated December 5 2005) To minimize the impacts, the proposed fill on the subject property has been proposed adjacent to the historically filled O'Neal Campground as to not create a separate "land dam" At one point the applicant discussed with the adjacent owner on the north side (County of Dare) to be joint applicants, and propose a road on the north property boundary. This could have provided ocean access to the County and the applicant. However, after further investigation the County has an existing Water Quality Protection Easement on their property which limits their ability to permit public crossing VIII. Mitigation Updated 11/1/2005 Page 10 of 14 DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed 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.ne.us/ncwetlands/strm,gide.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. Proposed mitigation includes payment into the NC EEP at a 2.1 mitigation to fill ratio A request to enter the EEP mitigation program has been made (See request document enclosed) 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Updated I1/1/2005 Page I 1 of 14 Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): 1.0 acre mitigation payment requested (0.45 acres impacted) Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? N/A 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? N/A X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. N/A L Zone* Impact Required (square feet) Multiplier Mitieation 3 (2 for Catawba) 1 2 I 1 1.5 I 1 Total I I I * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Updated 11/1/2005 Page 12 of 14 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is no existing impervious coverage on the site. The total impervious coverage on the property will be 25,417 sq.ft. which includes all road driveway and parking surfaces maximum house footprints and covered gazebo footprints This is 15.1 percent of the total upland area on the parcel. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Each of the lots will have on-site septic treatment systems. Each lot has been configured so that there is sufficient area for on-site systems to be permitted through the Dare County Health Department. XIII. Violations (required by DWQ) 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. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): Updated 11/1/2005 Page 13 of 14 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). y, Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 14 of 14 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT y Action ID 200411316 County Dare NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Wilma Midgett Property c/o Claude Midgett Address: 870 Seminole Road Atlantic Beach, Florida 32233 Telephone No.: Size and location of property (waterbody, road name/number, town, etc.) 7.91 acre parcel bisected by the North Drain on the east side of NC12 in Rodanthe Dare County. PIN 065805096827 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 surveyed, 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 the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 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 William Wescott at 252-975-1616 extension 25. Basis For Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual, and is adiacent to the North Drain which connects to Pamlico Sound Property Owner/Authorized Agent Signature Corps Re-ulatory Official Date 3-29-2004 Expiration Date 3-29-2009 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM o ?a r $ N t tj.'. ? 1 l ' t 7: Li tkc c por E t ttos k f `? TAI' ti ?? ? t I 4 J?l.. F l 1 Location: 035° 35'20.05" N 075° 28' 8.22" W Caption: Lightkeeper Estates 23731 NC 12 Rodanthe, Dare County O r B ? C T O d ? C) o z y 00 z 0 x 0 r z a w C NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORM NOTE: Revised 4/19/06 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. . Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: htto://cfoub eoa gov/surf/locate/index cfm Direct all questions to Chris Mankoff at 919-716-1921 or Chris.Mankoff@ncmail.net December 5, 2005 Mr. & Mrs. Rudy Gray Mr. & Mrs. Tim Midgett POB 37 Rodanthe, North Carolina 27968 Dear Mr. & Mrs. Gray & Mr. & Mrs. Midgett: Pursuant to your request to access your adjoining oceanfront property through my campground is not feasible. It's with regret that I have to deny your request. Sincerely yours, Jazania O'Neal, Owner DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: Lightkeeper Estates, C/O Trisha Midgett and Bette Gray 2. LOCATION OF PROJECT SITE: Adjacent the Atlantic Ocean at 23731 NC 12 in Rodanthe in Dare County, North Carolina Photo Index - 2000: 174-2055; F-10,G-10,H-10,I-10,11,J-10,11 State Plane Coordinates - X: 3,051,200 Y: 690,400 GPS Rover File: could not obtain Rodanthe Quad. (upper right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/23/06 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 19 June 2006 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Dare County Land Classification From LUP - Developed (land), Conservation (water, wetlands) (B) AEC(s) Involved: Ocean Hazard (C) Water Dependent: NO (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - Septic tanks and drain fields (F) Type of Structures: Existing - None Planned - 2 Houses, asphalt road and gravel driveway, boardwalk, 2 gazebos and beach access steps (G) Estimated Annual Rate of Erosion: 9.5 feet Source - DCM erosion rate map 7. HABITAT DESCRIPTION: [AREA] DR FDnFD FTT T .FP (1TNRR (A) Vegetated Wetlands ±19,608 ft2 ±402 ft2 404 wetlands shaded B Non-Vegetated Wetlands (C) Other ±53,548 ft2 Highground (D) Total Area Disturbed: ±1.7 acres (±73,558 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to subdivide a property into 5 lots (2 oceanfront and three street side, construct an asphalt access road, fill 404 wetlands for a gravel driveway and two home sites, construct an elevated wooden walkway over 404 wetlands, construct two gazebos and a shared wooden access to the beach. Quible Quible & Associates, P.C, ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 June 15, 2006 TRANSMITTAL RE: Lightkeeper Estates Express CAMA Major Permitting To: David Moye, DCM From: Brian Rubino Mr. Moye: PO. Drawer 870 Kitty Hawk, NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S Lassiter, C.E.P. Eduardo J. Valdlvieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. This CAMA Major package addresses comments, concerns and requests for additional information that we discussed during our May 31, 2006 pre-application meeting for Lightkeeper Estates. Enclosed are 27 copies of the following: • Project Site Plan • Project Narrative • CAMA Major Applications MP-1, MP-2, MP-3, MP-5 • USGS Vicinity Map • Agent Authorization Letter • Letters to Adjacent Riparian Owners and certified mail receipts • Letter from Jazania O'Neal (December 2005) denying access through her campground property • Notification to NC Dept of Cultural Resources (June 5, 2006) • NCEEP, in lieu request form for federal compensatory mitigation • USACE Jurisdictional Determination for Section 404 wetlands • Property Deed If you have any questions or if you require any additional information please contact me at (252) 261-3300 in the office or mobile at (252) 207-6749. Thanks for your attention to this project. Respectfully Submitted, Brian Rubino t Form DCMMP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Co-Applicants East side of NC 12; 23731 NC 12 d. Is proposed work within city limits or planning jurisdiction? X Yes No 1. Name Attn: Trisha Midgett and Bette Gray Address P.O. Box 250 City Hatteras State NC Zip 27943 Day Phone (252) 986-6324 Fax b. Authorized Agent: Name Brian Rubino, Ouible & Associates, P.C. Address PO Drawer 870 City Kitty Hawk State NC Zip 27949 Day Phone (252) 261-3300 Fax c. Project name (if any) Lightkeeper Estates NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT e. Name of body of water nearest project (e.g. river, creek, sound, bay) Atlantic Ocean 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Section 404 wetlands fill for upland lot access and house footprints, 2 single-family residences with associated parking and on-site septic systems, beach access walkway and two gazebos See proiect narrative for a detailed description b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See proiect narrative 4. LAND AND WATER a. County Dare CHARACTERISTICS b. City, town, community or landmark Rodanthe a. Size of entire tract 6.67 acres c. Street address or secondary road number b. Size of individual lot(s) This is currently a single parcel Revised 03/95 Form DCM-MP- 1 (6.67 acres total and 6.27 acres as measured from the FLSNV) which is to be subdivided into 5 residential lots. Lot 1: 112,581 sq.ft; Lot 2: 84,968 sq.ft.; Lot 3: 15,317 sg.ft., Lot 4: 15,115 sg.ft.; Lot 5: 15,099 sg.ft. Note: Area of lots 1 and 2 is measured from the FLSNV c. Approximate elevation of tract above MHW or NWL -5' above normal water level d. Soil type(s) and texture(s) of tract e. Vegetation on tract_ grounsel bush, bayberry, wax myrtle, green briar, juncus spy., Panicum spp., american beachgrass, sea oats f. Man-made features now on tract There are currently no man-made structures on the tract. There is a small graveyard on the southwest portion of the property. This will be preserved and maintained and is not included in any lot area. g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) Conservation X Transitional Developed Community Rural Other h. How is the tract zoned by local government? S-1 Special District i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No Are there wetlands on the site? X Yes _ No Coastal (marsh) Other X Section 404 If yes, has a delineation been conducted? Yes (Attach documentation, if available) A wetland delineation performed by Quib_le was confirmed by William Wescott. USACE on March 29_, 2004. See enclosed iurisdictional determination. m. Describe existing wastewater treatment facilities. None existing n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Minor amounts of surface runoff is possible to reach Section 404 wetlands. o. Describe existing drinking water supply source. None existing, County water available. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 '/2" by 1 1 " white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the Revised 03/95 PROJECT NARRATIVE- Lightkeeper Estates May 30, 2006, Revised June 13, 2006 Existing Conditions The subject property is located is located on the east side of NC 12 in Rodanthe, Dare County, North Carolina. The subject property is an approximately 6.67 acre parcel of property. The applicants/owners for this Major CAMA application, Trisha Midgett and Bette Gray have owned the parcel since February 2004. There is a section 404 wetland area in the central portion of the property that encompasses a drainage ditch that runs in a north to south direction. This wetland area has been determined by NC Division of Coastal Management (DCM) to not include any jurisdictional "coastal wetlands" The ditch does retain shallow water during times of normal precipitation, but it is commonly found to become dry. East of the Section 404 area is a broad upland area that lies within the Ocean Hazard AEC with sandy soils and herbaceous and estuarine shrub-type vegetation. There is also a low-lying frontal dune that is capable of migrating, eroding or accreting. However, erosive forces do currently dominate in this area. According to DCM, the maximum erosion rate is 9.5 ft/yr in this vicinity of beach front. The current FLSNV has been verified by CAMA LPO from Dare County, Jim Meads on May 4, 2006. This location is approximately 60 ft landward of the pre- Hurricane Isabel Line that had formerly been established. The owners have recently (March-April 2006) installed sections of sand fence and have planted american beachgrass sprigs oceanward of the existing FLSNV. It is the intention of the owners to establish good vegetative growth along the oceanfront where the former FLSNV was prior to Hurricane Isabel. This would help protect the existing FLSNV from being pushed further landward. In the past, the applicants have applied for a CAMA variance and have been formerly denied. The variance was to request that a residential structure be built on the oceanfront by utilizing NCAC standard T15A: 07H .0309 Use Standards for Ocean Hazard Areas: Exceptions. Denial was due to the presence of buildable area on the parcel to the west of the Section 404 area. Therefore, in order to build on the oceanfront at all, the small structure setback would have to be met, which is 285 ft from the current First Line of Stable Natural Vegetation (FLSNV). Proposed Work As depicted on the accompanying site plan, the applicant proposes to subdivide the 6.67 acre tract into five single family residential lots. This includes the creation of an access road over an area of existing jurisdictional wetlands to two oceanfront lots (lots 1 and 2). Prior to applying for the Nationwide 14 for the access road, requests were made to the adjacent property (O'Neal Campground) owner to use their property to access the oceanfront lots. The owner, Jazania O'Neal has provided a letter stating that the use of their property is not feasible (enclosed letter dated December 5, 2005). To minimize the impacts, the proposed fill on the subject property has been proposed adjacent to the historically filled O'Neal Campground, linking to existing uplands, as to not create a separate "land dam". At one point, the applicant discussed with the adjacent owner on the north side (County of Dare) to be joint applicants, and propose a road on the north property boundary. This could have provided ocean access to the County and the applicant. However, after further investigation, the County has an existing Water Quality Protection Easement on their property which limits their ability I of 2 to permit public crossing. There is a proposed public roadway with a cul-de-sac in the front of the property, off of NC 12 which does not require any wetlands impacts. The private driveway, which is proposed as an extension off of the cul-de-sac, is proposed to be backfilled with compacted sandy material and topped with crushed gravel. Current conditions do not allow for access to the buildable lots on the east side without construction of this driveway. There are numerous existing structures located on the east side of this wetland area to the north and south of the subject tract. For the properties to the north and south, similar proposed access roads have been constructed. The proposed Section 404 wetland area under jurisdiction of the US Army Corps of Engineers that is proposed to be filled for the driveway and parking is approximately 641 linear ft (If) and 15,307 sq.ft. (0.35 ac.). This is proposed under a Nationwide #14 permit from USACE. The travel aisle will be 10 ft wide (crowned) with vegetated side slopes to be constructed at a 2.5:1 slope (total driveway width including travel aisle and side slopes is 20 ft). A maximum of 2 ft of sand fill will be necessary to provide sufficient elevation for the access corridor. There will be no aggregate material placed on the slopes of the vegetated filter strips. In order to maintain a surface water hydrologic connection, two (side-by-side) 24 inch diameter culverts are proposed to be placed in the ditch. The maximum water depth after precipitation events in the ditch is approximately 0.5 ft (6 inches). Therefore the height of the top of the culvert would be 1.25 ft above normal water level. The length of the culvert is planned to be 24 ft. The ditch cross-section on the site plan shows this design. Also proposed, on future lots land 2, are two residential structures with 2,100 sq.ft. maximum footprints each, measured from the outer edges of the roof lines. In order to keep these structures entirely outside the small structure setback, some additional Section 404 wetland fill would be required. The total fill would be 4,301 sq.ft. (0.10 ac.). This is proposed under a Nationwide #18 permit from USACE. The total wetlands fill proposed is 0.45 ac. Of this 0.45 acres, 0.35 ac. would fall under a Nationwide #14 and 0.10 ac. would fall under a Nationwide #18. Of the proposed wetlands fill area, 0.31 ac. are within the Ocean Hazard AEC. Prior to any land disturbance activity, a silt fence will be installed on both sides of the fill area. Compensatory mitigation proposed is payment to the NCEEP for freshwater non-riparian wetlands. A request has been sent to NCEEP for this mitigation. This is proposed at a 2:1 mitigation to impact ratio. Also proposed, for access to the public beach, is a beach access walkway. The first 67 if of the walkway will be pile-supported over Section 404 wetlands (See cross-section). The portion of the walkway over the frontal dune area will also be pile-supported. The majority of this walkway will be on existing sand grade and will be lined with sand fence. The purpose of this walkway is to direct pedestrian foot traffic for the subdivision along the same pathway to avoid unnecessary erosion. Future Work In the future, lots 3-5 will be sold and developed with single family residences, similar to lots 1 and 2. These lots are entirely outside of the AEC and will not require CAMA permits. Even though there is no specific plan for development on these lots, maximum coverages on these lots is referenced in the NCDWQ, Low-Density Stormwater Management Plan. 2 of 2 Form DCM-MP--1 applicant further certifies that such notice has been provided Name Jazania H. O'Neal Address P.O. Box 57, Hatteras, NC 27968 Phone Name County of Dare Attn: David Clawson Address P.O. Box 1000, Manteo NC 27954 Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. & CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the I C' day of .tire , 2006. Print Name Trisha Mid ett Bette Gray Signatur 64 V. Landowner or Authorized Agent Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development DCM MP-4 Structures Information X DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feetverage Final Existing Prgiect Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin house footprint fill Other (Access corridor fill) Length Width Depth Depth irreg. Shape= 4,301 sf 641 ft 20 ft max. 2 typ. ft of fill 1. EXCAVATION N/A a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? -Yes -No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL N/A a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? Yes _ No _If yes, where? e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands?. Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION N/A a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e f Shoreline erosion during preceding 12 months (Source of information) Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill Revised 09/9.9 h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No If yes, (1) (2) 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Sand fill areas will be topped with gravel suitable for vehicle use. Silt fence will be installed along the perimeter of proposed disturbed areas before initiation of any fill activity. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Backhoe, dump truck, compaction equipment c. Will wetlands be crossed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. No wetlands other than the proposed fill area section 404 wetlands will be disturbed. Two, side-by-side drainage culverts will be installed in the area of the ditch for adequate surface water flow. Silt fence will also be installed for sedimentation and erosion control. (3) b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? X Yes _ No Section 404 Wetlands- This has been determined by DCM not to be coastal wetlands. If yes, (1) Dimensions of fill area Total fill: 0.45 acres; the roadway will include a 20 ft wide fill corridor that is 0.35 acres and the residential footprint fill will total 0.10 acres. This can be addressed as two separate USACE Nationwide Permits ( A Nationwide 14 for the road and a Nationwide 18 for the residential footprint) (2) Trisha Midgett and Bette Gray Applicant or Project Name A 601'r" V Signature (.((, S l] Date Form DCM-MP-2 Revised 03/95 Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. b c. d. e. Type and number of buildings, facilities, units or structures proposed There are 2 residential structures and 2 gazebos proposed (lot 1 and lot 2). Both house footprints are 2,100 sa.ft. maximum and both gazebos are 174 sg.ft. Number of lots or parcels There are 5 lots total. The applicant proposes construction on the oceanfront lots (Lots 1 and 2) onlv at this time. Lots 3 4 and 5 will be sold separately and built upon by future owners at a later date. Lots 1 and 2 are within the ocean hazard AEC and lots 3-5 are entirely outside AEC's. Density (give the number of residential units and the units per acre) 0.8 units per acre at build-out conditions. This is based on a property area of 6.27 acres, including the prosy area landward of the FLSNV. Size of area to be graded, filled or disturbed including roads, ditches, etc. Total land disturbance including road construction, and construction on lots 1 and 2 including septic areas, parking, residential house footprint and beach access walkway and gazebos= 52,690 sa.ft. (1.21 ac.) If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes X No If yes, date submitted Being submitted along with CAMA application as an express submittal f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. Asphalt and ABC. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. N/A Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes X No If yes, date submitted Low Density Application being submitted along with CAMA application 1. Describe proposed method of sewage disposal. On-site individual septic treatment systems j. Have the facilities described in Item I. above received state or local approval? Soils are found to be suitable by Dare County Health Department. An improvement permit will be applied for. (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, wash down" and residential discharges). There will be no discharges to Waters of the State 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Dare County Water Distribution System m. Will water be impounded? Yes X No If yes, how many acres9 n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A ApplAant or Project name, I J11 IS Date Revised 03/9.9 Form DCM-MP-5 BRIDGES AND CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. If yes, explain 1. BRIDGES NSA a. Public Private b. Type of bridge (construction material) c. Water body to be crossed by bridge d. Water depth at the proposed crossing at MLW or NWL _ e. Will proposed bridge replace an existing bridge? Yes No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge _ (4) Will all, or a part of, the existing bridge be removed? (Explain) f. Will proposed bridge replace an existing culvert(s)? Yes No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge h. Width of proposed bridge i. Height of proposed bridge above wetlands j. Will the proposed bridge affect existing water flow? Yes No If yes, explain k. Navigation clearance underneath proposed bridge 1. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? Yes _ No m. Will the proposed bridge cross wetlands containing no navigable waters? Yes No If yes, explain n. Have you contacted the U.S. Coast Guard concerning their approval? Yes No If yes, please provide record of their action. 2. CULVERTS a. Water body in which culvert is to be placed unnamed ditch at the northern terminus of the north drain b. Number of culverts proposed (2) side-by-side 24" dia. c. Type of culvert (construction material, style) corrugated steel or vole d. Will proposed culvert replace an existing bridge? Yes X No If yes, (1) Length of existing bridge (2) Width of existing bridge (3) Navigation clearance underneath existing bridge _ (4) Will all, or a part of, the existing bridge be removed? (Explain) Will proposed culvert replace an existing culvert? Yes X No If yes, (1) Length of existing culvert (2) Width of existing culvert (3) Height of the top of the existing culvert above the MHW or NWL (4) Will all, or a part of, the existing culvert be removed? (Explain) f. Length of proposed culvert (2) side-by-side, 24 ft long g. Width of proposed culvert (2 ft) 24 in each h. Height of the top of the proposed culvert above the MHW or NWL 1.25 ft i. Will the proposed culvert affect existing water flow? Revised 03/95 Form DCM-MP-5 Yes X No If yes, explain Will the proposed culvert affect existing navigation potential? Yes X No If yes, explain Non-navigable waters 3. EXCAVATION AND FILL Will the placement of the proposed bridge or culvert require any excavation below the MHW or NWL? Yes X No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Depth of area to be excavated (4) Amount of material to be excavated in cubic yards b. Will the placement of the proposed bridge or culvert require any excavation within: Yes X No _ Coastal Wetlands _ SAVs _ Other Wetlands If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards Will the placement of the proposed bridge or culvert require any highground excavation? Yes X No If yes, (1) Length of area to be excavated (2) Width of area to be excavated (3) Amount of material to be excavated in cubic yards If the placement of the bridge or culvert involves any excavation, please complete the following: N/A (1) Location of the spoil disposal area (2) Dimensions of spoil disposal area (3) Do you claim title to the disposal area? Yes No If no, attach a letter granting permission from the owner. (4) Will the disposal area be available for future maintenance? Yes No (5) Does the disposal area include any coastal wetlands (marsh), SAVs, or other wetlands? Yes No If yes, give dimensions if different from (2) above. (6) Does the disposal area include any area below the M14W or NWL? Yes _ No If yes, give dimension if different from No. 2 above. e. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed below MHW or NWL? X Yes No If yes, (1) Length of area to be filled 20 ft (2) Width of area to be filled 12 ft (3) Purpose of fill ditch crossing for property access f. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed within: X Yes No - Coastal Wetlands - SAVs X Other Wetlands (404) If yes, (1) Length of area to be filled 640 ft (2) Width of area to be filled 20 ft along roadwav (including fill slopes) (3) Purpose of fill Fill is necessary to provide an upland access corridor to oceanfront lots (lot 1 and 2) on the east side of the section 404 wetland area. Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d. above) to be placed on highground?_ Yes X No If yes, (1) Length of area to be filled (2) Width of area to be filled (3) Purpose of fill 4. GENERAL Will the proposed project involve any mitigation? X Yes No If yes, explain in detail proposed compensatory mitigation by means of payment into the NCWRP/EEP for 0.45 acres of non-riparian wetlands. Payment to EEP will be for 1 acre of non-riparian wetlands. This is a 2:1 mitigation to impact ratio. b. Will the proposed project require the relocation of any existing utility lines? Yes X No If yes, explain in detail c. Will the proposed project require the construction of any temporary detour structures? Yes X No If yes, explain in detail d. Will the proposed project require any work channels? _ _ Yes X No If yes, complete Form DCM-MP-2 e. How will excavated or fill material be kept on site and erosion controlled? Silt fence will be installed along the perimeter of the access easement prior to filling. Side slopes will be vegetated after backfill and compaction is performed. Revised 03/95 Form DCM-MP-5 What type of construction equipment will be used (for example, dragline, backhoe or hydraulic dredge)? backhoe, dump truck, compaction equipment Will wetlands be crossed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts. No wetlands other than the proposed fill areas section 404 wetlands will be disturbed Will the placement of the proposed bridge or culvert require any shoreline stabilization? Yes X No If yes, explain in detail Trisha Mid ett and Bette Gra App nt or Project Name Siglyftur ' J I 0 la l ? Date -I Revised 03/95 USPS - Track & Confirm Page 1 of 1 UNITEDSTATES i ST13L SERNICEo Home Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7005 1820 0007 8546 3202 -- --- - - - Status: Delivered Track & Confirm Your item was delivered at 9:54 am on June 05, 2006 in RODANTHE, Enter Label/Receipt Number. NC 27968. ( Additional Details > i ( Roturn to t1SPS.com Honse > Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. t Ga > I ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ©1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy --Yttp:Htrkcnfrml.smi.usps.com/PTSIntemetWf-.htl;i*e-.r-- n^uiiAi A^ --- - ---zrr - - - -- USPS - Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7005 1820 0007 8546 3219 Status: Delivered Your item was delivered at 8:32 am on June 02, 2006 in MANTEO, NC 27954. AddiflWal DetWs > A44i is UM, cam HMO-;') Page 1 of 1 Home I Help Track & Confirm Track & Confirm -. Enter Label/Receipt Number. Notliicatiw options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. !ia> ® POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ®1999-2004 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml.smi.usps.con/PTSIntemetWeb/InterLabelInquiry.do 6/13/2006 02/09/2006 16:04 2529872554 MIDGETT REALTY RODAE PAGE 02 P.O. BOX 114 • ROEIANTHE, NORTH CAROLINA 27968 (252) 987.2350 1Ri&PURg&)imW Rodanthe ' u 'vww.midgettrealty.com TELEFAX (252) 987-2654 February 9, 2006 Quible & Associates Attn: Joe Lassiter & Brian Rubino PO Drawer 870 Kitty Hawk, NC 27959 RE: Gray & Midgett Joining of Property Dear Joe & Brian, I, Patricia Midgett, authorize Quible & Associates, P.C. to act as agent for the purpose of CAMA Major mi i g for the subject property located at 231731 NC Hwy 1, Rodanthe, NC. Thanks, Patricia Midgett A I 7m7iS SALES, RENTALS, CONSTRUCTION • OFFICES X F HATTERAS, AVON, RODANTHE Received 02-09-2006 03:08pm From-2529872554 To-QUIBLE&ASSOCIATES Page 002 CPO DR TUN IfY December 5, 2005 Mr. & Mrs. Rudy Gray Mr. & Mrs. Tim Midgett POB 37 Rodanthe, North Carolina 27968 Dear Mr. & Mrs. Gray & Mr. & Mrs. Midgett: Pursuant to your request to access your adjoining oceanfront property through my campground is not feasible. It's with regret that I have to deny your request. Sincerely yours, Jazania O'Neal, Owner Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 June 1, 2006 David Clawsen County of Dare P.O. Box 1000 Manteo, NC 27954 RE: CAMA Major Permitting for Lightkeeper Estates Rodanthe, Dare County, North Carolina Dear Mr. Clawsen, P.O. Drawer 870 Kitty Hawk, NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. Valdlvieso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. As adjacent riparian property owner to the Lightkeeper Estates Property in Rodanthe, Dare County North Carolina, you are required by NCDENR, Division of Coastal Management to be notified of the proposed development within the Ocean Hazard Area of Environmental Concern'(AEC) that requires CAMA MAjor Permitting. As depicted on the accompanying site plan, the applicant proposes to subdivide the 6.67 acre tract into five lots. This includes the creation of an access road over an area of existing jurisdictional wetlands to two oceanfront lots. Also included is residential structure construction on Lots 1 and 2, including a beach access walkway and two gazebos. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Mr. David Moye, NCDCM, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quiible and Associates, P.C. &-1 (Zle-? Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments Signature Date Quible Quible & Associates, P.C. P.O, Drawer 870 Kitty Hawk, NC 27949 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Phone: 252-261-3300 SINCE 1959 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. June 1, 2006 Joseph S. Lassiter, C.E.P. Eduardo J. Valdivleso, P.E. Jazania H. O'Neal Joseph) Anauf,APE, P.O. Box 57 Katherine C. Marchello, P.L.S. Rodanthe, NC 27968 RE: CAMA Major Permitting for Lightkeeper Estates Rodanthe, Dare County, North Carolina Dear Ms. O'Neal, As adjacent riparian property owner to the Lightkeeper Estates Property in Rodanthe, Dare County North Carolina, you are required by NCDENR, Division of Coastal Management to be notified of the proposed development within the Ocean Hazard Area of Environmental Concern (AEC) that requires CAMA MAjor Permitting. As depicted on the accompanying site plan, the applicant proposes to subdivide the 6.67 acre tract into five lots. This includes the creation of an access road over an area of existing jurisdictional wetlands to two oceanfront lots. Also included is residential structure construction on Lots 1 and 2, including a beach access walkway and two gazebos. Should you have no objections to the proposed work, please check the statement below, sign and date the blanks below the statement and return one copy of this letter to: Brian Rubino, Quible & Associates P.C., PO Drawer 870, Kitty Hawk, NC 27949 as soon as possible. Keep the second copy for your files. Should you have objections to this proposal, please send your written comments to Mr. David Moye, NCDCM, 943 Washington Square Mall, Washington, NC 27889. Written comments must be received within 30 days of receipt of this notice. Failure to respond in either method within 30 days will be interpreted as no objection. Sincerely, Quible and Associates, P.C. Brian Rubino I have no objection to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments Signature Date Quible Quible & Associates, P.C. ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING • SURVEYING SINCE 1959 Renee Gledhill-Earley NC Dept. Of Cultural Resources 4617 Mail Service Center Raleigh, NC 27699-4617 June 5, 2006 RE: Lightkeeper Estates Major CAMA Permitting Rodanthe, Dare County, North Carolina Ms. Gledhill-Earley: P.O. Drawer 870 Kitty Hawk, NC 27949 Phone: 252-261-3300 Fax: 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. Eduardo J. ValdNleso, P.E. ASSOCIATES Joseph J. Anlauf, P.E. Katherine C. Marchello, P.L.S. The above referenced project in Rodanthe, Dare County, North Carolina involves a proposed five-lot subdivision on a currently undeveloped parcel of land. The applicants/owners for this CAMA Major application, Trisha Midgett and Bette Gray have owned the parcel since February 2004. We are pursuing express permits through NCDENR, including a CAMA Major. During a May 31, 2006 express permit meeting with the applicable agencies, it was requested that your office is informed of the proposed work, as required in all projects such as this. There is a small existing cemetary on the subject property that will be entirely preserved and fenced (see site plan). There are no other existing improvements on the site. Along with the proposed site plan, I have included a USGS topographic map sheet with the property location-identified. Please contact me if you have any questions regarding this site or if you require any additional information. Sincerely, Quible & Associates, P.C. ?? rl_, Brian Rubino CC: David Moye, NCDCM NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORM NOTE: Revised 4/19/06 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. . Name of Applicant or Agent 2. Name of Business of Applicant or Agent ............ ._................. ......._......_...._.._._......__.._....._._........_..._._...._..__.....--.__...................__..._...._................._._........_...._.._.._...._....._-.... Mailing Address (Street or PO Box) P. o . fax Z5? 4. City, State, Zip .......... _..--.......... .... _.._-_.__........ _............. 5. Telephone (eg, 919-555-1212) ................. .__........_._.... s Z ?. - --- ----------?...?_?._. ...... ._..._..._.._..... _............... _.._.__........... _..._.._ ................. 6. Fax (optional) ---._._._............ _.__.__.__....._...._..._._._.._._..__._.._.._._---------- .__.... ............... _........ _._ .._--_.._..._............. _..._...... _....... _ -mail (optional) ._.....__...._.---. _-...------- -..-_._._..... --_....-........ ....--.... _........ 8. Project Name Project Location (nearest town, city) 10. Cat-Long Coordinates (optional) - 11. Project County ............ .-_........ _.......... -.... __-....... ..__.._....... ....._...__.................... ---_ ...... ........._..._..... _-_:.............. ........_.._...................... _._........ - t>cx J- Q_ 12. River Basin --..._.._._....._._._...._...... --._..... ........ ................ ._ ................ ........ ........ __....__.._..__....._......--.._..__._.._._ - - r? T GSA-\ v-\V^ ^I< 3. Cataloging Unit (8-digit) ..._..__.._.__....__.... ................ --- - ........__...._...... ..... 03ozo? 0_S 14. Riparian Wetland Impact (ac.) (e.g., 0.13) . --- --....... .....____-.... _.._..__._....-------------.._-.....---.._...... -_..._..__-...- --..._....---._.._...... - . 15. Non-Riparian Wetland Impact (ac.) ...._._._. ._._._..---.....-.__._..__.------ ._....__......___ - a.Li Li 8. - Coastal Marsh Impact (ac.) _._.... _._ ___ _........__.__....-.._........ ...... -----_..- __...... __ 7. Stream Impacts-Cold (ft.) (e.g. 1,234) ------------ --._...... - 8. Stream Impact-Cool (ft.) ......__...._._..... ..__._.._...__.... - t 19. Stream Impact-Warm (ft.) ...._........_.....__.... - --.... .................. _.___.. IV A, - = 20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) __ ... - -... - .._.._..._..._.-........---._.... - - ......---...--_. _... _.. ....... . - A/ 21. Buffer Impact-Zone 2 (sq. ft.) Check () below if this request is a: Signature of Applicant or Agent: - revision to a current acceptance, or '? - re-submission of an expired acceptance Date: S- - 3 O - o Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake Water Supply Watershed. For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: hfti):I/dpub.ei)a.gov/surf/locate/index.cfm Direct all questions to Chris Mankoff at 919-716-1921 or Chris.Mankoff@ncmail.net U.S. ARMY CORPS OF ENGINEERS Q WILMINGTON DISTRICT C- (OD Action ID 200411316 County Dare NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Wilma Midgett Property c/o Claude Midgett Address: 870 Seminole Road Atlantic Beach, Florida 32233 Telephone No.: Size and location of property (waterbody, road name/number, town, etc.) 7.91 acre parcel bisected by the North Drain on the east side of NC12 in Rodanthe, Dare County. PIN 065805096827. 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 surveyed, 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 the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 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 William Wescott at 252-975-1616 extension 25. Basis For Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual, and is adjacent to the North Drain which connects to Pamlico Sound. Property Owner/Authorize Corps Reulatory Official Date 3-29-2004 Expiration Date 3-29-2009 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM 04/11/2066 11:31 2529672554 MIDGETT REALTY RODAE PAGE 02 k, 11sa 'aal?: 7a1 pas d ai1?s ?j'•?,4tirw j?e:is:`T.ue Pd, 11110101111- 82 as?ssAS M 011AY, Rgat{tftlt or amts Wt e0, ne IIN 11111111pU lilt 1111181uIiININit 'e ttls a, ia/ 2"rasa att,,Aa." APPROVED DARE COUNTY TAX COLLECTOR NO. lpcoise Tzx- 3 1,800.00 DARE REAL ESTATE COUNTY rRANSrER TAX t_T Iy 91- ra - ? $ 9'c°tti NORTH CAROLINA GENERAL. WAliRAAPrY DEED Parcel Idebti8er No. Verified by County on the day of . 20 By, - Maii/Bom to. Oreatee This inetrurncut was prepared by: Wheless 8c Wheless. PLLC, lots. Virginia Dare Read, Manteo, NC 27954 Brief deaeriptidn for the T HM DEED made this 24th day of February . 20-2t by and between Claude Midgett and wife, Pamela l: Midgett 870 Seminole Road Atlantic Beach, FL 32233 Bette Gray and husban UE Trisha Midget and husband, Timothy W. Midgett 23731 NC :gtghway 12 Rodantho, NC 27968 14. Gray The designation Chantor and Clrantoe as used heroin .hall inela.le said parties, their heirs, m ooesaoro, and ssalSos, and smell include singular, plural, masculine, feminine or neuter as required by context. WITNESSET 4, that the Chtmtor, for a valuable consideration paid by the Grantee, the receipt of which is hereby aoltaowledged, bee and by these presents does grant, bargain, sell and convey onto the Chaneee in fee simple, all that certain tot arpareel ofland situated in die City of Rodanthd To-unship. Dare County. North Carolina and atone particularly described as ibliows: See attached Exhibit "A" This is an integral pact of a 1031 Exchange for the C3rantee. Thu property heseinabove described was acquired by C3rantor by inattumern recorded to Boot page A nap showing the above described property is recorded in Plat gook page NC Bar Association Form No, L3 0 1976, Revised m 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 SottPro Corporation, 333 E. Six Forks Rd_, Raleigh, NC 27609 1 Received 04-11-2006 10:36am From-2529672554 To-HUIBLE&ASSOCIATES Page 002 04/11/2006 11:31 2529072554 MIDGETT REALTY RODAE P4GE 03 1 111111 nil 11u 11Ilu11u r??? ?1111u lu1111u in aM1 aoi4 :..ann TO HAVE AND TO FOLD the aforesaid lot or parcel of land and all parlvileges and appurtenances thareto belonging to due Grant" in foe simple. And" Grantor covenants with the C3tantee, that C3rantor is seized of the premises to fee simp1% has rite right to convey the aansa in tee ¦hWle, that title is marketable and fkae and clear of all encumbrances, and drat Grantor will Warrant read doemd the title against the lawful clab- of all penotts whomsoever, other than the following exceptions: 1. Eascmenta and Restriction of Record. IN WMMSS WHEREOF, the Grantor bas duly exca uted the fomScing na oethe day and year first above,wrtnon. • r r _ (dimity Name) C u e 1W gett 2 71y? r ? Hy: -w4 7Ytle: ' Pamela J. gett .7 4as3 Cf ? Zy By: _ Tit1s-. Spate of County of ter,' -LVS L the undersigned Notary Publio o the County and State aforesaid, cettif;y anzt Claude Midgctt and Witt, Pamela T. 1vlid&= personally appeared before no this day add acknowledged the due oxmmttan of the foregoita instrument fbr the purposes therein exprvsacd. Witneas copy hand and Notarial Stan W or seal this 7e--ay Of li?L-aq .2W Jesen AryensuM My Conm fission Expires: MY Gorawnasaen oDtasats a swparaa •kN ter, coos y Public stn of North Carolina - County of I, the undersigned Notary Publio ofthe County and State albroesid, txrdty OW personally carne before we this day and acknowledged that he is the __ of it North Carolina or corporadion/llmdted liability company/generall pa omahip?ltm{ted parmi ship (Strom 2=uyh the inapplicable), and that by authority duly given and as the act of such entity, ___he sigmd The fbreioitlg inattuament in ith name on its bebalfas its act and deed- Witho" my Load and Notarial statap or sesl, this day of . 20_ My Comtnla816n Expires! _ Notary Public State OfNotth Carolina - County of _ 1, the undersigned Notary Public of the Countyand Slate aRwesaid, certify that tutees ruy hand and Not vial stanW or sea], this day of ^1 20_. My Comnumsioa Expires: _ Notary Public certified to be corrvct Tluia St uareat sad this ceriit;eate are duly registered at the date sr t! and m the Book aced Page shown en the y Register of Deeds far County '7494w By Depetyfiksaistum - Am;Vietwr ofDeeds NC Bar Association Form No. 1-3 ® 1976, Revised 9b 1977, 2002 Printed by Agreement with the NC Bar Association - 1981 SoRPro C.arporatlon,. 33 3 S. Six Forks Rd., Raleigh, NC 27609 Received 04-11-2006 10:36am From-252gB72554 To-QUIBLE&ASSOCIATES Page 003 04/11/2006 11:31 2529072554 MIDGETT REALTY RODAE PAGE 04 . ?l( slits9,i6s Il?'lll ?'??'1? till III a 111111 No IN Is pliil]10?4 041./PI, Exhibit "A" All thoso certain lots or parools of land lying in Rodantk:e, Dare County, North Carolina, adjoining NC 12, the County of Dare, the Atlantic Oecan, Jazania O'Neal, Bette Gray of al, Jonna and Robert Midgett, and Lots 1 and 2, Joseph M. Midgett Subdivision, and more particularly described as follows: Parcel 1: Thnse lands designated and being "Eastern Portion" shown on that plat or map entitled, ''Boundary Agreement, Rudolph H. Gray, Bette R. Gray, Timothy W. Midgett & Patricia M. Midgett," dated March 19, 2004, and prepared by Katherine) C. Marchello, PLS, of Quible & Associates, P.C., and recorded in Plat Cabinet, Slide Dare Registry. Parcel 2: Those lands designated. and being "Western Portion" shown on that plat or map entitled, "Boundary Agreement, Rudolph H. Gray, Bette R. Gray, Timothy W. Midgett & Patricia M. Midgett," dated March 19, 2004, and prepared by Katherine C. Mar+chello, PLS, of Quible &. Associates, P_C., and recorded in Plat Cabinet r , Slide _tt) , Dare Registry. The combination ofParccls 1 and 2 above arc the sane lands described in Deed Book 1,538, page 26, Durc Registry. Received 04-11-2006 10:36am From-2529872554 To-QUIBLE&ASSOCIATES Page 004 Name:RODANTHE Date: 4/27/2006 Scale: 1 inch equals 2000 feet 7 F� Location: 035° 35'20.05" N 0751 28'8.22" W Caption: Lightkeeper Estates 23731 NC 12 Rodanthe, Dare County I? I I? II t I ?9 II II II i( 6' WATER h AIMANE awFm%w!Y LAf N4F CaNTY OF DARE DB 490, P6 305 PG C. 5L 16C ® 1 ACaxi AF1A4 A WTE 0v7m LAYlS OFG8EYBZr >n9EFi42p. M4754 cu4L/rr -- I? II I I PROTECTIONEA5&6Vr SECTION 404 WETLANDS LINE DBIE6 CONFIRMED BY W. WESCOTT, USACE ON 3-29-04 :. C.M44 OCZ4N94ZARP II I II i LAPW 57MVMW WM46K 15717 F fJ t J • • • AM _ ? • ' ' • NA ? I I J • • • PROPOSED • • I I • _ • SEPTIC AREA CMW ? •I I , :: • II • a I • - • ?MASTEWATER • a • PR0 I I SIDE-BY SIDE ' L JI r • FORCE MAIN AREA 1 1 I • 1 PROPOSED WETLAND FILL4 ? NAT fA ARFA• 15AM SO R CUL /24 J IN DI AAA •_ I NSF ,b47ANIA Oi-AL DB 187, P19 555 PL 5,a 44 LOTS / $ 2 EX TENSION NATIONWIDE #14 , #18 AND 401 WATER QUALITY SITE PLAN LIGHTKEEPER ESTATES SHEET 1- OVERALL SITE PLAN AS RM- ROOANTHE DARE CO. NORTH CAROLINA SCALE 1'=100' ? NM 03029 ux 6-13-06 Quibde and Associates, P. C. BACraBM, PLOMM, MMOA?KMAL SCIB1 US P.O. MUFRA M. Miff BIVZ N.C. 17948 a GRAPHIC SCALE 10D 2D0 ( IN i?r ) 1 inch = 100 & PILE 5 Avdi "y 404.1 a H r a x H w n 1 0 n td SECTION 404 WETLANDS LINE a CONFIRMED BY W. WESCOTT, ?sr uc OF STABLE Z USACE ON 3-29-04 AS PO sME ? \ 1 , A6 km, WETLAND IS AREA. 4,301 • • • • - TS MC1rD IIt7LANl75 aft • 67LNFT LEGEND I r' • N. ? PROPOSED GAff80 1 ` • O J (174 SO.Ff.) I PROPOSED PILE-SUPPORTED 664 SLATTED WOOD WALKWAY --,, . PROPOSED (2) (174 / DESIGNATED BEACH ACCESS PAIN C/L/FJW ON E70STING SAND; ENTIRE PATH LINED WITH SAND FENCE 51RiGTL1?5E784GK I? Fly ?•? PROPOSED NATIONWIDE i 14 ROAD FILL (15,307 SQ.FT./0.35 AC.) • a PROPOSED NATIONWIDE / 18 RESIDENTIAL DEVELOPMENT FILL (4,301 SQ.FT./0.10 AC.) PROPOSED GRAVEL DRIVEWAY PROPOSED ASPHALT ROAD )F PROPOSED SILT FENCE ALIGNMENT DURING GROUND DISTURBANCE ACTIVITY 400 1N@ 199w[9 D JUL 0 6 2006 DENR - WATER DUALITY WETIANDSAND STORI WATIR BRANCH 1 1 1 1 I MiW NOTES: 1. APPLICANT: TRISHA MIDGETT AND BETTE GRAY P.O. BOX 250 HATTERAS, NC 27943 2. PROPERTY AREA: A. TOTAL AREA (LANDWARD OF MHWL): 6.67 AC B. AREA LANDWARD OF FLSNV: 6.27 AC C. TOTAL UPLANDS: 3.87 AC D. TOTAL WETLANDS: 2.80 AC 3. PROPOSED WORK: A. USING A NATIONWIDE #14: FILL OF 15,307 SF (.35 AC) OF SECTION 404 WETLANDS FOR UPLAND ACCESS TO PROPOSED OCEANFRONT LOTS 1 AND 2 B. USING A NATIONWIDE #18: FILL OF 4,301 SF (.10 AC) OF SECTION 404 WETLANDS FOR RESIDENTIAL STUCTURE FOOTPRINTS OUTSIDE OF THE SMALL STRUCTURE SETBACK (285 FT OR GREATER FROM CURRENT FLSNV) C. RESIDENTIAL STRUCTURE CONSTRUCTION FOR (2) 2,100 SF SINGLE-FAMILY HOUSES D. ROAD AND DRIVEWAY CONSTRUCTION AS INDICATED E. PRIVATE SEPTIC TREATMENT SYSTEMS ON THE WEST SIDE OF LOTS 1 AND 2 FOR THE RESIDENTIAL STRUCTURES ON THE RESPECTIVE LOTS F. BEACH ACCESS WALKWAY WITH A PILE-SUPPORTED (6 FT WIDE) BOARDWALK OVER A 67 LF SECTION OF SECTION 404 WETLANDS AND OVER THE DUNE BERM; OTHER PORTION OF WALKWAY (ON EXISTING GRADE) WILL BE LINED WITH SAND FENCE TO KEEP PEDESTRIAN TRAFFIC IN A DESIGNATED PATHWAY G. (2) OPEN-SIDED GAZEBOS (174 SF) IN THE LOCATIONS SHOWN (LOT 1 AND LOT 2) B Nnimm SECTION By enirma AL i AL i AYE E.- -: AL )C [. . '. AL AL )c AL ?` i ?y? WASTEWATER FORCE MAI FLE'SFFCRTH Pt= P0UO14r0VWPenAVS B UVARY 2' WATER LINE 4045GtFr • 67LMFL \ EXTENSION A l AL 1 AL O ?A / SECTION 404 WETLANDS LINE 1 CONFIRMED BY W. WESCOTT, USACE ON 3-29-04 WATER TIGHT SEPTIC GRINDER STATION O 42' DESIGNATED BEACH PATH ON EXISTING PATH LINED WITH S immi s ue(w5ETa4m 4w Fr.) RESIDENTIAL STRUCTURE FOOTPRINTS: 42'X50' EACH (DIMENSIONS FROM OUTER EDGE OF ROOFLINE) BLOW-UP 1 "=50' CE A FINISH GRADE WOOD PILE TYR WALKWAY OVER WETLANDS CROSS-SECTION r1?n??4%rOF n, s L*v P. c? JUL 0 5 2006 OENR - WATER QUALITY WETLANDS AND STORMWATER BR DITCH C.&MR LINE PROPOSED AGGREGATE-, DRIVE SURFACE As 1"=5' DITCH CROSS SECTION A-A' 1"=5' DRIVE CROSS SECTION B-B' a H r a x H A - - 1 - - ?? C NSF CaNTY of DARE FROIWTION EA-9V •BVT SECTION 404 WETLANDS LINE DB 440, R5 305 DB Aw, R' 40 CONFIRMED BY W. yyESCOTL 4 SECTION 404 WETLANDS LINE a Pr, C. -,U- 16C USACE ON 3-29-04 CONFIRMED BY W. WESCOIT, r>tar UNE OF ?w? x USACE ON 3-29-04 *IW-TA7WN j%-\ I ? ? ?? LAR6f STI?CTU?SEIB4GK ? fT ?I I I 11 I I 5l11?{1:17E J • • •? a • a • I t 1 • a I 1 I I ?/ 1 • • a • • I la I I • NAT 18 AREA4 J01 SaPL . I \. I PROPOSED GAZEBO 1 I I , • • • I ' \ • J (174 SQ.FT.) I II III © ® © _JI • PROPOSED • a • a O SEPTIC AREA A•+f4hlli4IARDAEGL?1i5 I I a .. A6 a? PROPOSED PILE-SUPPORTED j }I? .. 6' WATER MAIr-TM• SLATTED Wb00 WALKWAY I I • a • • - • PROPOSED ?MASTEWAIER • • I I SIDE-BY15DE • PROPOSED G I • • . 'r ?:. ( ` , • : FORCE MAIN AREA 1 a 24IN DIT i TS 0 (174 SQ.FT.) 1 • • I I I "?. .?• ,' •:• J I II • PROPOSED WEED FILL • NAT. 14 AREA. 15,307 SQ. • •••....• .....•..::•....:.°•?•" :::::::::::::.»-.» DESIGNATED BEACH ACCESS PATH / I I IUD M P? ON E ?DG SAND; ENTIRE PATH LINED rKUV,wr1tMVs FENCE POWASCE AWF0 ' AFFftOJO?M1P 2•EXTENSION E 404 •67LNFT STIWIUWSETMCK4WFTJ Aa Lff QVIBPLMI5 OF 49*7BZr roeeFENUV. -AZANIA OWAL BL.__ oW-uP? - - Db 187, R5 556 - - PL 5,5L 44 L0751 t 2 - - - - LEGEND 4, •i PROPOSED NATIONWIDE # 14 ROAD FILL (15,307 SQ.FT./0.35 AC.) a • • • PROPOSED NATIONWDE f 18 RESIDENTIAL DEVELOPMENT FILL (4,301 SQ.Ff./0.10 AC.) PROPOSED GRAVEL DRIVEWAY NATIONWIDE #14 , #18 AND 401 WATER QUALITY SITE PLAN PROPOSED ASPHALT ROAD UGHTKEEPER ESTATES ?f--3f-X- PROPOSED SILT FENCE ALIGNMENT DURING GROUND DISTURBANCE ACTIVITY SHEET 1- OVERALL SITE PLAN ; GRAPHIC SCALE As REr: RODANTHE DARE CO. NORTH CAROLINA 100 0 50 100 2DO 400 SCALE 1'=100' FLE la 03029 DA-m 6-13-06 Quible and Associates, P.C. ( IN Fr MCMEM. PIaAn M, ANiBOBrIfMAL SCMWCFS P.O. DJUWZJI 87'0, M"T BALD N.C. Y7848 1 inch = 100 ft NOTES: 1. APPLICANT: TRISHA MIDGETT AND BETTE GRAY P.O. BOX 250 HATTERAS, NC 27943 2. PROPERTY AREA: A. TOTAL AREA (LANDWARD OF MHWL): 6.67 AC B. AREA LANDWARD OF FLSNV: 6.27 AC C. TOTAL UPLANDS: 3.87 AC D. TOTAL WETLANDS: 2.80 AC 3. PROPOSED WORK: A. USING A NATIONWIDE #14: FILL OF 15,307 SF (.35 AC) OF SECTION 404 WETLANDS FOR UPLAND ACCESS TO PROPOSED OCEANFRONT LOTS 1 AND 2 B. USING A NATIONWIDE #18: FILL OF 4,301 SF (.10 AC) OF SECTION 404 WETLANDS FOR RESIDENTIAL STUCTURE FOOTPRINTS OUTSIDE OF THE SMALL STRUCTURE SETBACK (285 FT OR GREATER FROM CURRENT FLSNV) C. RESIDENTIAL STRUCTURE CONSTRUCT10N FOR (2) 2,100 SF SINGLE-FAMILY HOUSES D. ROAD AND DRIVEWAY CONSTRUCTION AS INDICATED E. PRIVATE SEPTIC TREATMENT SYSTEMS ON THE WEST SIDE OF LOTS 1 AND 2 FOR THE RESIDENTIAL STRUCTURES ON THE RESPECTIVE LOTS F. BEACH ACCESS WALKWAY WITH A PILE-SUPPORTED (6 FT WIDE) BOARDWALK OVER A 67 LF SECTION OF SECTION 404 WETLANDS AND OVER THE DUNE BERM; OTHER PORTION OF WALKWAY (ON EXISTING GRADE) WILL BE LINED WITH SAND FENCE TO KEEP PEDESTRIAN TRAFFIC IN A DESIGNATED PATHWAY G. (2) OPEN-SIDED GAZEBOS (174 SF) IN THE LOCATIONS SHOWN (LOT 1 AND LOT 2) B NORTH i SECTION Jill AL AL A ? / AL i AL /AL AL i` AL ? f AL CD 7 AL I A / AL ?dt?it J SECTION 404 WETLANDS LINE AL ? CONFIRMED USACE ? ON 3-29-04 WATER TIGHT SEPTIC GRINDER STATION 41 DESIGNATED BEACH ACCESS PATH ON EXISTING SAND- ENTIRE. PATH LINED WITH SAND VENCE tWASTATER FORCE MAI FILE5lAR17w pva7j rearm \ r%4Uat4Y0A #*-nAfDS BC M AR'r 2- WATER LINE 404 SQF1: • 67 LNFT. S%WL STIL 711 SETBACK 4M FTC EXTENSION RESIDENTIAL STRUCTURE FOOTPRINTS: 42'X50' EACH (DIMENSIONS FROM OUTER EDGE OF ROOFLINE) BLOW-UP 1 "=50' D1rG44 CZN7E t LME A PROPOSED AGGREGATE As IRST g? PROPOSED FINISH GRADE DRIVE SURFACE -2FT ARnVF FY CIIRFAf F PILE TYP. WALKWAY OVER WETLANDS CROSS-SECTION ?GTaN 4a ?,Ert?vrvs Lee ry?E?1? To of EAST of TN5 LM+FJ OF CUL 1"=59 DITCH CROSS SECTION A-A' 5' 5' B' SOUTH 199=59 DRIVE CROSS SECTION B-B' ~Q4 CERTIFICATE aArDR OAT OR THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY YRM OF THE JURISDICTION OF SECTION 404 OF THE GLEAN WATER ACT UNDER THE PRESENT LAW AND REGULATIONS AS DETERMINED BY THE UNDERSIGNED ON THIS DATE, UNLESS ~ VER5 51A7F5~DE DR OR PK NAIL AT IN7ER5EGT/ON cwu, Lu WITH ~ THERE IS A CHANGE IN THE LAW OR GUR PUBLISHED REGULATIONS, THIS DETERMINATION LAWA LN 517E I Q NGGS MOA~NfENT OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED 5 NGGS MOI~MENT "RODAN" NG1/D ;29 YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS .a5 °G 144" NGUfl 24 I ELEV~6,77' OF ENGINEERS WETLANDS DELINEATION MANUAL MIl~SFrT a~EAFl4VE~JGr T SEtHAAW cT gLEy=5:?8' N 6 4046 7 680 7 F ~ ) E 30,435,4403 F ~ (GONyERS/ON FG'R ~ M1~~ I TH15 SITE TD ) ~ \ cr ~~cr NA~/D BB 15 -1,05) ) \ \ N ME ' cr ~taca cr ~ _ 1?E AGM ~Gu~~T~2y ~C c~~ sT ~~PAn1E - - i ~ FIR r~1E49,$8 Mqy ~ v v TITLE ~ l FtR ~ \ ° ~ \ - 74 E ~ ll ~ \ 1~4L pR k DR 4~~1 l 0) \ DATE I ° w \ EIP i v {I}~ ~ }11 ~ \ \ oE4NAYf ~h I ~ w ~JW AVE 1 z h /~h v ~ \ ~iiy3° ~ I - 6 \ Al' N• ~ {,gJ.IDAY FILVD 4Y BLVD 1 1 ~ o~ I ~7 tt' ~ \ " i ~I OIL W a \ ~~m 3Y BLVD ~ I \ b• ~ iK3LlDAY BLVD ~I gl i I ~ ~ \ LI~ ~KM e " ) \ \ F/R A7LANrtG DR a 582 541s E ~ w - ~ ) \ I 7 WnC DR \ FJP ~ 239.67 L/3 '4~ v v u1 ~ V'1G1N1 TY MAP VICINITY MAP 4.~9~W! - - \ \ ~ ~ ~ tNi~1 cn ~ cow - - 531 °1048'E \ \ ° I ter w ~ 1292.33 - _ \ \ 2) 1 !51.71 ~ ~ ~ 1 L4 P ~ 0 rR F!P N/F p ~ GOUNTY OF DARE F ~ 305 ~ ~ 1 .105EPN M. MIDGETT ~ ~ PG E, 5L 470 GGRr~R DB 490, P6 ~,y~ 1 ~ f 1 S~D/V'IS10N ~ .~SEPH M MIDGETT FfP ~ PG G. 5L 16G PG E, SL 470 >u APPROiI FIRM i `~s 1 LoT2 u151 Nr~~e~r PEDE5lAL5 •~s~rsY Lor r Lox zoNE uNE ~6?~ 1 o' r0 Fcrr sr t N8!°2124"W _ ~ \ ~ ~ r ~ 1 FI 581 °I4b0"E FGM 4 154 ~ L7 L3 rriFlrr~ - - - - - nFrm 1484.55 \ 1 . - ~ , .3l' Sue ~ • / 216 /r2.lr u~ T ,r~o3' h~7•r~ ~1•ds' rEtxro _ - 5tR 3~'+/- ( ~i 33.7 583 26~0`~ Ihd=J F1P ''''''''-7 5dR ~ ~ \ - - 36 (TfE L ~ 538'ff!Ng / ~ , t' ~4. ~3 YET N!! L I 1 280' hRaM ~l ~ ~ ~ 64,0 `:a ~ ? YET X13 1 cdRr~t \ N aT GARAGE s,o ~ NE1'Jtq ~ ~ 1 I 11 O ry ~I~~ YE7Y6 x ~'3~ 1 U • WOODED s~rtc t d rer n4o ~ ~7LAND AREA ~ ~ I I ~ g : r~ ~ l rerx~a ~ ~ • ` ~ _ ~ T10N ~ 4 : 121,909 5F rEr xi' L~j ~ ~ I ry ~ N/f a ~ 2 STORY FII'JlJSE EASTERN FY?R ~ I ~ ~ I I ~ ° ~ PG A, 5L 15 2.80 AG , G ~ rFr ~ N I .bNNA d R T hlESTERN PORTION ~ ON BLGGK ~ : ~ m OBSe ~ ~ i. ~s~ ~~m I,~w I ° ~ MIDGET7F ~ PG A, 5L 15 ~ p ~ ~ UPLAND AREA 1 ~ DB i538, PG 2l ~ ; A I a I~w I ~ ry N ° ~V m ~ ~ AREA ?90,.591+~ 5F iq : ; ~j~1 YE7xb UPLAND REA 2 ~ ~ I DB 1405, P6 !74 DB 1538, PG 26 m ~ AREA 101,14?+/- SF AREA 67,534+/- 5F I hi ~ ~ 6.67+/- AG Olic NE7 ~X4 2.32+/- AG ~ 1.55+/- AG ~ 1 54p215F/ 1,24 AG ; ~ AI:PROxrMArE 1 i ~ h OI!(HtL/M(15 ~r ~ ~r~ ~ I 1 ME1FR ~ . G~F GFh~'iFRY ~ ,VIA 1'Er XI L13 L37 (T/F i11~J R 36,4' i~OD if.l I.0' hlv~D ~ I - - - TY 1.4 W X7,13' 401.?3' ON6 PROPER FHd:F 510 1 L4 l3 (nFL o ~ N84°45'00°W - ' / >F 5TABLE/ N84 4b 18 W 1.506.9,3' N64 4500 W ~rP ° FIRST LII~ of STABLE ' FIP 171.6!' 232 sl L A vc~frAnoN O2/ra/a4 02//9/04 B ~ EIENT FIP MHW 02 MHH 0WWO4 ~ F1:eE HYDRANT p. 0.6o FAST AND ~ N/F BETTS GRAY d AND VALVF ry GW Lfi~ OF GoRA'ER JAZANIA OPAL LINE TABLE .dONNA ~XJY 09~E,4L GEL1A MARff ~ ~ _ _ D6187, PG 558 LINE LENGTH BEARING Ll 21,36 N84'45'DO'W DB 321, PG 527 DB 1{46, PG 847 ~ ~ ~ PL 5, SL 44 OVD N ~ - LOT51 d 2 L2 79.82 N10 40 47 E UTILITIES (TYPJ N L3 61.52 N84~45~OO~W a L4 18,11 N84 45 00 W p n - _ L5 5.00 S13.15'30'W N` _ _ - - - - L6 5D,00 SBl'14'00'E ~ L7 10180 S87.32'16'E =~I ~ L8 71,22 S07'05'45'W ` ~ . L9 45.94 N82.54'30'W LIO 9,41 Nl4'15'33'E yn 'J I NOTES. IQ ~ L11 84,34 S07 05 20 W 0 ~ 0 L12 5572 N92°26'IB'E EXISTING GONGRETE MONUMENT N I N - - ~ FM° - EX151IN61RON PIPE _ _ - - - - - L13 1932 S70'54'10'E Q F1R - EXISTING IRON ROD ~ ~ ~y L14 11.24 S33.30'03'E O `~R -EXISTING 1RON ROD L15 63.95 S01'0T4D'W ~ PK - PK NA1L ~ L16 46,52 S03.04'49'E QMAV -NGGS MONI~lT ~ ~ ~ , L17 2838 SD3.31'06'W QAM.F-AXLE 01 1~ ry L18 28,35 S83'D2'42`W 2 ~ ~ ~ p ~ . QIRaV ANGLE IRON ry ry ~ ;fry L19 52,06 SO 45 57 E ~-o., - ur1LITY POLE ° I m w m p ~ p ~ L20 5,44 S54' 'Ots'W -FIRE HYDRANT NI L21 f0,33 S54°16'06'W _ f1lATER '/ACNE I - - - L22 3 95 S05'IS'00`W ~i - GALGULATED POINT _ - - - - L23 48,99 S68'33'43'W 4 rtT -WETLAND FLAG ~ FIP L24 21,64 S48.53'16'W 584°55'~?2"E L25 34,45 S51+39'49'E ~4. - .5EGT10N 404 hET1.AND AREA 60.73 L26 28,52 S69'44'2TE (7fE LINFJ - TOTAL AREA ~ 344,61?+/- 5F= 7.41+/- AG L27 3610 S66'06'55'W BY COORDINATE METHOD TO MHW L28 4Lt5 S14'21'24'E - REFERENGEDB 1538, PG?6 L29 54,02 N68'35'04'W AND PG A, SL 15 L30 51,84 S25`0T35'W - SUR~EYDATE50?A9 d 20/04. L31 32,67 S4'47`49'W - H~IZONTAL GROUND DISTANCES L32 43,90 N58'22'il'W ARE 5H0{19J (US SURVEY FEET) L33 61,64 N53'46'01'W - FIRM ZONES AE (9J AND AE (10) L34 38,39 S02'29'32'W PALL 375348 0630E L35 20,72 S02.29'32`W - h~?IDIAN BASED ON A-B L36 221,63 S88'46'59'E L37 399,75 S84'ii'29'E L38 510,64 SB4`45'00`E L39 497.71 N84.14'Ol'W CCNUMISSION N0. 03029 COPYRIGHT O 2004 • GRAPHIC SCALE DESIGNED 8Y QUIBLE ANO ASSOCIATES, INC. S1NCf 1959 BR ul ~ ® SINCE 1959 00 0 50 100 2D0 400 DRAWN BY TENS DOCUMENT IS THE PROPERTY OF BR QUIBLE Ai;:D ASSOCUTES, INC., ALL & SSOClat®C V JJIIL~~ l3. GRAY ~ETTE R. 4,T~~ ~ RIGHTS ARE RESERVED. ANY RE- V?7! ates! P. C. CHECKED 8Y > > PRODUCTION OF THIS OR POSSESSION BR WnHOUT PR~oR PERMISSION of ENGINEERING * CONSULTING * PLAN ~ ~ OUIBLE ANO AssoG~.TES, iric. Wlu ENVIRONMENTAL SCIENCES * SURVE' SULTING * PLANNING CAD FlLE CONSTITUTE NOLATION OF COPYRIGHT ENCES * SURVEYING 1 inch =loo it, o3o2s-wET TIN,!'OTHY W MIDGETT ~ PATRICIA MIL>GETT SAWS. VIDIAT,DN WILL BE SUBJECT ISSUE DATE TO LEGAL ACTION 0303/04 ItINEKEET TOWNSHIP DARE COUNTY NORTH CAROLINA Phone: (252) ZBi-3300 Fax: {252) ss1 CERTIFICATIQN E-MaR: qulble0•arthl(nk,net Fax: (252) 261-1260 sOsarthllnk.net r V Oh7'DR v MYRNA ~ • Z O _N SEEDING DATES: APRIL 1- SEPT 30 SEE - ~5 `..1A2F51DFDR Z fii DR I ~ Z } I ZW DING DATES: OCT, 1 MARCH 31 1. SOIL EROSION & SEDIMENT CONTROL SEED MIXTURE PLAN NOTES; APPLICATION RATES/ACRE SEED MIXNRE APPLICATION RATES/ACRE a.) AREA TO BE DISTURBED IS 52,690 SQ.FT. X1.21 ACRES LRGR,4 LN ~ • J ~ N BAHIA 1. ROADWAY DR ( } 50 LBS. ~ GRAIN / NEWAY/PARKING: 41,028 SQ.FT. NorES: 5„~ ~ ~ p~ a ~ N .KIS U * to ~ ~ i75 LBS. 2. RESIDENTIAL CONSTRUCTION AREA (LOTS 1 AND 2): 5,643 SQ.FT. COMMON BERMUDA 5D LBS. 3. SEPTIC TREATMENT AREA (LOTS 1 AND 2 : 3 200 MfL15BTT 564NAVEN G7 1. APPLICANT: TRISHA MIDGETT AND BE ? TTE GRAY ~ y w ? N or (UNHULLED} SQ.FT, 4. BEACH WALKWAY AND GAZEBOS: 2,819 SQ.FT~ P.O. BOX 250 M ~ y J ~ ~ t GERMAN MILIETT 15 LgS 10-10-10 A 1000 LB/ACRE b.) ALL DISTURBED AREAS SHALL BE PERMANENTLY STABILIZED WITHIN FIFTEEN HATTERA ~ ° S, NC 27943 '`~i~cr ~ ~ Z o FESCUE 20 ~ DAYS OF LAND DISTURBING ACTIVfTIES. IF SAID ACTIVITIES OCCUR OUTSIDE 2. AREA ~ ' ~ N w ° OF ENVIRONMENTAL CONCERN: q ~ ~ ~ z ~ a THE OCEAN HAZARD AEC APPP ~ ~'4 cr ° ~ o LIES WITH MAXIMUM ANNUAL ~iEp I ~ „ P THE PERMANENT VEGETATION SEEDING DATES (APR. 1- SEP.30)THEN TEMP- F~ILIZE6 ORARY VEGETATION SEEDING SPECIFICATIONS SHALL BE FOLLOWED FOR EROSION RATES (9.5 FT/YR) AS PER NC DIVISION OF COASTAL MANAGEMENT h * a 26-13-13 0 50o LB/ACRE /ACRE STRAW. ANCHOR STRAW BY TACKING WfTH ASPHALT PLANTING UNTIL THE NEXT APPROPRIATE PERMANENT SEEDING PERIOD, AT APPLY 4,000 lB WHICH TIME PERMANENT VEGETATION S 3. PROPERTY AREA: ~ ~ ~ • ~ c~ z N NEii1NG, OR A MULCH ANCHORING TOOL A DISK WffH BLADES SET NEARLY HALL BE ESTABLISHED ACCORDING TO STRAIGHT CAN BE USED AS A MULCH ANCHORING TOOL PERMANENT VEGETATION SEEDING SPECIFICATIONS (SEE PERM. & TEMP. SEEDING MULCB SPEC'S THIS SHEET}. U] Z w t Q W A. TOTAL AREA (LANDWARD OF MHWL): 6.67 AC , W ~ ~ N APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING WITH ASPHALT, c.) IF EXCESSIVE WIND EROSION OR STOR B. AREA LANDWARD OF FLSNV: fi.27 AC 1p~LDR w Z w0 C. TOTAL UPLANDS: 3.87 AC ~ ~ ? ~ NETTING, OR A MULCH ANCHORING TOOL A DISK WffH BLADES SE7 NEARLY MWATER RUNOFF EROSION DEVELOPS DURING TiME OF STTtNGHi CAN BE USED AS A MULCH ANCHORING TOOL CONSTRUCTION ANY LOCATION ON THE PROJECT SITE, ADDITIONAL SILT FENCING SHALL 0 TIME OF D, TOTAL WETLANDS: 2.80 AC z z z o BE INSTALLED AS DIRECTED BY ENGINEER SO AS TO PREVENT DAMAGE TO ADJACENT 1 E. LOT BREAKDOWN: w w a PROPERTY. SEE SILT FENCE DETAIL THIS SHEET. d.) SOIL EROSION AND SEDIMENTATION CONTROLS TO BE INSPECTED, TOTAL AREA hbLIDAYBLVD I ~ MAINTAINED AND REPAIRED AS NECESSARY UNTIL PERMANENT CONTROLS GENERAL: ARE ESTABLISHED. (BASED ON AREA LANDWARD faLronraL,ro LOT # OF FLSNV FOR LOTS 1 AND 2 UPLANDS WE - FERTILIZER RATES SHOWN ARE GENERAL RECOMMENDATIONS; FREQUENCY AND AMOUNT OF FERTILIZATION CAN BEST BE DETERMINED THROUGH S e.) CONSTRUCTION SCHEDULE: - MAINTENANCE: RE SPECIFlC SOIL TESTING. 1 OBT TLANDS SATISFACTORY STABWZATION AND EROSION CONTROL REQUIRES A COMPLETE VEGETATIVE COVER. EVEN SMALL BREACHES IN VEGETATNE COVER CAN AIN PLAN APPROVAL AND OTHER APPLICABLE PERMITS. LOT 1 112,581 SQ.FT. 38,986 SQ.FT. 73 595 S .FT. Q a z IF LEFT UNATTENDED, CAN ALLOW SERIOUS SOIL LOSS FROM AN OTHERWISE STABLE SURFACE. A SINGLE HEAVY RAIN IS OFTEN SUFFICIENT TO GR EXPAND RAPIDLY AND, 2 FLAG AND/OR ROUGH STAKE WORK LIMITS. SPOTS, AND THE LONGER REPAIRS ARE DELAYED, THE MORE COSTLY THEY BECOME. PROMPT ACTION WILL KEEP SEDIMENT LOSS AND REPAIR COST TLY ENLARGE BARE 3 HOLD PRECONSTRUCIION CONFERENCE (OWNER, CONTRACTOR ENGINE LOT 2 84,968 SQ.FT. 36,655 SQ.FT. 48,313 SQ.FT. ~GD'~ I o SEEDLINGS SHOULD BE INSPECTED FREQUENTLY AND MAINTENANCE PERFORMED AS NEEDED. IF RIL1S AND GUWES DEVELOP, THEY MUST BE Fl DOWN. NEW AND APPROPRIATE GOVERNMENT OFFlCIALS AT ER, AND MULCHED AS SOON AS POSSIBLE. DIVERSIONS MAY BE NEEDED UNi1L NEW PLANTS TAKE HOLD. LLED IN, RE-SEEDED, ) LEAST ONE WEEK PRIOR TO START LOT 3 15,317 SQ.FT. 15,317 SQ.FT. N A l~IGINI Q / 7Y MAP OF CONSTRUCTION ACTIVITIES. MAINTENANCE REQUIREMENTS EXTEN 4) INSTALL SILT FENCING tT LOT 4 15,115 SQ.FT. 15,115 SQ.FT. N A v / _w D BEYOND THE SEEDING PHASE. cuNnL FlNAL coMPLEnoN Is awARDED ®LOCATIONS SHOWN ON PLAN WEAK OR DAMAGED SPOTS MUST BE REIJMED, FERTIUZED, MULCHED, AND RESEEDED AS PROMPTLY AS POSSIBLE. REFERTIUZATION MAY BE NEEDED ~ 5) CONSTRUCT PROJECT AS PROPOSED PRODUCTIVE STANDS. TO MAINTAIN 6 A LOT 5 15,099 SQ.FT. 15,099 SQ.FT, N A ~ / ~ LL EROSION & SEDIMENTATION CONTROL PRACTICES WILL BE INSPECTED WEEKLY w F. PUBLIC RIGHT-OF-WAY: 29,824 SQ.FT. U f AND AFTER HEAVY RAINFALL EVENTS. NEEDED REPAIRS WILL BE MADE IMMEDIATELY. 3. PROPOSED WORK: PROVIDE A GROUND COVER ON EXPOSED SLOPE WITHIN 15 WORKING DAYS OR 30 CAIENDA A. USING A NATIONWIDE #14: FILL OF 15,307 SF (.35 AC) OF SECTION 404 WETLANDS R DAYS (WHICHEVER IS SHORTER). FOLLOWING COMPLETION OF ANY PHASE OF GRADING AND A PERMANENT GROUND COVER F FOR UPLAND ACCESS TO PROPOSED OCEANFRONT LOTS 1 AND 2 OR ALL DISTURBED AREAS WITHIN 15 WORKING DAYS OR 90 CALENDAR DAYS (WHICHEVER IS SHORTER FOLLOWING COMP B. USING A NATIONWIDE #18: FILL OF 4,301 SF (.10 AC) OF SECTION 404 WETLANDS ~ ° DEVELOPMENT. LETICN OF CONSTRUCTION OR FOR RESIDENTIAL S ~~~NO3~W TUCTURE FOOTPRINTS OUTSIDE OF THE SMALL STRUCTURE SETBACK ~ W~ NZ.>~ (285 FT OR GREATER FROM CURRENT FLSNV) o a oaQO~ao~ C. RESIDENTIAL STRUCTURE CONSTRUCTION FOR 2 2,100 SF SINGLE-F N ~ . a~ •vWZ AMILY HOUSES ~ aW°~~ D. RO < wa owk~1Om~ AD AND DRIVEWAY CONSTRUCTION AS INDICATED O~ ~~~~,a~o~< E. PRIVATE SEPTIC TREATMENT SYSTEMS ON THE WEST SIDE OF LOTS 1 AND = " '~N~~o~SZ~ RESIDENTIAL STRUCTURES ON 2 FOR THE Z~ o~~oF J THE RESPECTIVE LOTS > ~ ~°W a°s3o F. BEACH ACCESS WALKWAY WITH APILE-SUPPORTED 6 FT WIDE ° ~ '~~°'~H°s~ ( )BOARDWALK v m gW~~o R OVER A 67 LF SECTION OF SECTION 404 WETLANDS AND OVER THE DUNE BERM• 'a °m~o~mN OTHER PORTION OF WALKWAY ON EXISTI "-'o~o3°ZS ( NG GRADE) WILL BE LINED WITH SAND FENCE ~ a o0 TO KEEP PEDESTRIAN TRAFFIC IN A DESIGNATED PATHWAY G. (2) OPEN-SIDED GAZEBOS (174 SF) IN THE LOCATIONS SHOWN LOT 1 AND ( LOT 2) z 3 p w ~ > II ~ w w ~ _ II ~ w - _ ` z ~ _ _ a NdAiHt cxtv.nr GGTINIY OF D,4RE PRO>FGnoN 6A5e•8Jr I , ~ Z z l o_ a o D8 490, P6 305 DB 119, A5 448 SECTION 404 WETLANDS LINE PG G. 5L 16G CONFIRMED BY W. WESCOTT, SECTION 404 WETLANDS UNE Iw- ~ N > F>=!)[5r'4L ~ USACE ON 3-29-04 III FlRST UNE OF STABLE ' Z Z W yy~,~ CONFIRMED BY W. WESCOTT, \ O p ~ U USACE ON 3-29-04 VEGETATION 5/04/06 p~ 4 ~ G4MA ~ ~ ~ ~ L~FAhI ~I I AS PER JM LIEADS, LPO~ 1 r Z ~ ~ . _ ~ ~ ~4 LeEAhI fb17aRD1 LAR6E5T~TU~ SPt&IGx (37o FrJ 'fl&ICK (~70 FTJ 11 O w w ~ 0= II r _ - ~ i • ~ • AREA 2 • • O Z J ~ a III ~I 1/ ? t 1. PROPERTY AREA: PR SED • • ~ ! ~ 7i Uwl O a OPO WETLAND FlLL I I ~ - Z • • I I • NAT, 16 AREA: 4,301 SOFT. • ~ r 1 I F- p o ~ A. TOTAL AREA (LANDWARD OF MHWL). 6.67 AC ~ ~ © X U ~ • ~ PROPOSED GAZEBO 1 ~ w - ® © • B. AREA LANDWARD OF FLSNV: 6.27 AC . _ ~ PROPOSED ~ I I 6" WATER MAIN SEPTIC AREA : • x 1 ~ (na so.Fr.) I n o cn o II ~ • ~ I o l o C. TOTAL UPLANDS: 3.87 AC GGEAN?dA7~VQDAHGLIM/T5 i I 605 fT 5F1&4r'.K D. TOTAL WETLANDS: 2.80 AC ~ • / p - I AEG LIM/T5 . • ` . • SLATTED wWD ~U(WAY I a x a r ~raarx I ~ ~ I ~ ~ ~ ~ i 2. PROPOSED PROJECT IMPERVIOUS AREA 26,354 SQ.FT. (INCLUDES 937 SQ.FT. OFF-SI ~ " • • • • O 3. ALLOWABLE BUILT UPON AREA P ' ~ • ° : . ; . ( , ASTEwATER ~ ` , ER LOT: 4,185 SQ.FT. (FORM SWU-104) ~ 1. ~ oRCE MAIN AREa 1 10 1 0 0 PROP6SED * I pl F ` • I ~ SIDE-BY~SIDE r ~ I c0 4. LOT BUILT UPON AREA MAXIMUM FOR DEVE LOPMENT 25~ i l • ' ~ ~ .~I PROPOSED WETLAND FlLL • 24" CULVERTS ~ PROPOSED GA I n N ~ ~ a WETLAND FlLL IN DITCH O 174 0 1~ I I I ~ • a • ( SOFT.) / ~ ~ cp ' . ~ ~ • • NAT. 14 AREA: 15,307 SQ.Fi. TAL AREA I~ !EA: 15,307 SOFT. ( • ~ _ _ ~ 7 BASED ON AREA LANDWARD BUA i i ' • ' LOT # OF FLSNV FOR LOTS 1 AND 2 UPLANDS wa~v rarer ~ ~ N M O (BASED ON UPLANDS) ~ "~Di~ A~ROXlM4TE 2" WATER LINE LOT 1 112,581 SQ.FT. 38,986 SQ.FT. 9,747 SQ.FT. EXTENSION DE5GNAIED BEACH ACCESS PATH ~ Z ON EXISTING SAND; ENURE PATH LINED 'ATER UNE N61LAtiWY ilE7GMp5 ' MA1H SAND FENCE GVi6' LMi15 TEN *04 SGtIT. 167 ~t'(K6W FMFZ/Jm SION LHf-T. SM,ML STI~A:1lRf SE784GK (?d5 Ffl LOT 2 84,968 SQ.FT. 36,655 SQ.FT. 9,164 SQ.FT. ~'r °f~'~ hAil^! a LOT 3 ,qNp yp~~ roae N/P 15,317 SQ.FT. 15,317 SQ.FT. 3,829 SQ.FT. JaZAN1A 01~A1. DB 187, PG 558 Z BLOW-UP J G: LOT 4 15,115 SQ.FT. 15,115 SQ.FT. 3,779 SQ.FT. PL 5 5L 44 LOT 5 15,099 SQ.FT. °D LOTS I d 2 15,099 SQ.FT. 3,775 SQ.FT. uTUmES nrn~ U W a 5. DRIVEWAY TO HAVE A 10 FT WIDE TRAVE ~ V = FILTER STRIPS 0 L AISLE WITH 5 FT VEGETATED N EACH SIDE _ _ ~ O LEGEN D r • ~ • PROPOSED NATIONWIDE ~ 14 ROAD FlLL (15,307 SOFT./0.35 AC.) • • • W PROPOSED NAlI0NW1DE iP 16 RESIDENTIAL DEVELOPMENT FlLL (4,301 SOFT,/0.10 AC.) ~ • • olrcM cea~r urn PROPOSED GRAVEL DRIVEWAY ~ Iy " ' " ' PROPOSED ASPHALT ROAD A B PROPOSED AGGREGATE A' NORTH B WETLAND VEGETATION SUBSTRATE SURFACE SST PROPOSED FlNISH GRADE DRIVE SURFACE SST 5' 5' SOUTH B' ~ i- 10 _I VEGETATED 10' GRAVEL SURFACE VEGETATED I ~2FT ABOVE EX. SURFACE ! FlLTER STRIP o~AL GAMP6RGTA, w SUU1'H PROPOSED SILT FENCE ALIGNMENT DURING GROUND DISTURBANCE ACTIVITI' ~ ~ v., . ,.w;. , • ~a_ , . _ xY •,Ty.+, CROWNED FlLTER STRIP PKOi'ER7YBC.TJND,4i I a a 11~AL GAMP6R~ 1~- WATER MAIN (SDR 21 CL 200) r ~ O ZOPER7YBC.rJJNDARY =GATE vaLVE ~ tt ~ , : , 2' ~ i ~,1' SECTION 4 TLAND , BLOW OFF ~ I ~ A 1 d 1~ d ~ .1 , d d ~ J~ ~ ~YL.- . d~ d, , ~ ~ HYDRANT ~ Y/ WATER SERMCE ~ I ? - ? r .WATER LINES + - 1 FT UNDERCUT AND BACKFlLL PRIOR TO ROAD CONSTRliCT10N il~c ilVc d.1 2) 24" DIA METAL PIPE ~ r ~ aNDU raNN SAND BASE . ~Ik ill4 N'~ 1 bA ~cnoA~ 404 rErt•aAVS c.rr~ RIP-RAP FOR STABILIZATION W NDS ro r+~ sasr of rtas Lrf>~J OOD PILE (BOTH 51DES OF CULVERT) OUTSIDE E1K£ OF ROOFUNE illy X . , , i~ ° ~ TYP. rw ~j ~PALKIYAY OVER WETLANDS CROSS-SECTION 1 ~~=5 ~ 1 ' 5 DITCH CROSS SECTION A-A' DRIVE CROSS SECT ' ~ ~ ~ vl ~ v SECTI N ~~Fh~ 0 404 WETLANDS LINE, V X ` ~L ION B-B CONFIRMED BY W. WESCOTT, . ~ il~ o_ .~dk,'; 1 USACE ON 3-29-04 - 2 ~ ~ ~ SYNTHETIC FILTER FABRIC(TYP) ~ ~A ~P X ~ •`f~ WATER TIGHT SEPTIC Z N~ ~ " I GRINDER STP,110N 30 ilh. ~ W I- 6 M x 2 42' w SPgCI ~ ~ w ~ DESIGNATED BEACH ACCESS r Y Nr; WAS1>~TER FORCE MAI • • PATH ON EXISTING SAND• ENURE IiLI w ~pG£ PATH LINED WITH SAND FENCE Z , - 35 Y J OWi" PEN PEN i 8' ~ HM1D RuL ~ ~aeTe~ ~ ~ FLOW/ ~ ao,ne ure hIALKNf~1Y0YBZhETL,tiF~ COMMISSION N0. 2' WATER UNE 9P4 5Qtf. 0 671NFf. 1, i , 0 ~,5 EXTENSION ~e~' ~T~acK (2d5 Fr.1 0302 9 LOwl ~ E~c~s+~PC~ a~5 DESIGNED BY r~ frdOST~.c#• RESIDENTIAL STRUCTURE FOOTPRINTS: 42'X50 EAC EJV BDR i / w ~i ~ ; I b ~,o H 8' ~ (DIMENSIONS FROM OUTER EDGE OF ROOFLINE) \ 1 N DRAWN BY WOOD PIUNC TMp \ ~l. _ 11 EJV BDR CHECKED BY ----r-- N P BLOW-~ - - - " ' =50 ISSUE DATE COMPACTED FILL TRENCH ( 4" WIDE x 8" DEEP ) 2-9-06 SILT FENCE DETAIL TYPICAL SECTION OF _ N.T.s S HEET N0. GRAPHIC SCALE CovFRFn ra~i~Rn 100 0 50 100 200 PROVIDE A GROUND COVER ON EXPOSED SLOPE WITHIN 15 WORKING DAYS OR 30 CALENDAR goo TYPICAL CROSS-SECTION FOR THE FOLLOWING COMPLETION OF ANY PHASE OF GRADING AND A PERMANENT GROUND COVER FOR ALL DAYS DISTURBED (WHICHEVER E SHORTER). WITHIN 15 WORKING DAYS OR 90 CALENDAR DAYS AREAS SINGLE FAMILY RESIDENTIAL STRUCTURES DEVELOPME (WHICHEVER IS SHORTER FOLLOWING COMPLETION OF CONSTRUCTION OR DRAWING FILE: ??????.DWG NT. ( IN FEET ) PLOT SCALE: I inch = 100 ft. OF 1 SHEETS