20051965 Ver 1_Complete File_20060202

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
June 20, 2006
S&EC Project #4433.W2
DWQ Project # 05-1967
NC Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Re: Waterstone Residential Subdivision
Orange County, NC
Dear Ms. Karoly:
P se find the attached acceptance letter from the NC Ecosystem Enhancement Program, dated
June 13, 2006, accepting the responsibility for providing the mitigation required for the above-
mentioned project.
If you have any further questions or any additional explanation is needed, please don't hesitate to
call.
Sincerely,
Sean Clark
Environmental Specialist
Attachement: NC EEP Acceptance letter
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Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawnaale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
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. _hPROGRAM
June 13, 2006
Sean Clark
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road
Raleigh, NC 27614
Project: Waterstone Residential Development County: Orange
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EBP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table,
River Basin
Cataloging Wetlands
(Acres) Stream Buffer Buffer

Unit (Linear Feet) Zone 1 Zone 2
Ri arian Non-Riparian Coastal Marsh Cold Cool Warm (Sq. Ft.) (Sq. Ft.)
Neuse 0.145
03020201 0 0 0 0 584 35,643 14,186
Upon receipt of payment, EEP will tape responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or LAMA, Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
William D. Gilmore, PE
cc: Cyndi Karoly, Wetlands/401 Unit Director
Monte Matthews, USACE - Raleigh
Eric Rule, DWQ Regional Office - Raleigh
File
t?: DYll2?... ... Pro" ow Stag TA
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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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
January 2, 2006
Mr. Dave Russotto
Bermuda Bay, LLC
P.O. Box 147
Harbinger, NC 27941
Subject Property:
Bermuda Bay, LLC
Colington Creek [030156, 30-19-1, SC]
DWQ Project # 05-1965, Ver. 2
Dare County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Russotto:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.003 acres of wetland for the purpose of constructing required emergency
vehicle access at the subject property, as described within your application dated December 1, 2005 and
received by the N.C. Division of Water Quality (DWQ) on December 16, 2005. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also,
this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved nits Plan Location or Reference
404/CAMA Wetlands 0.003 acres PCN page 8 of 12
401 Overslght/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
N na
or hCaro
Naturally
An Equal Opportunity/Affirmative Action Employer - 500/6 Recyclecill0% Post Consumer Paper
Bermuda Bay, LLC
Page 2 of 3
January 2, 2006
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing (or
similar high visibility material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233
and GC 3404;
6. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.ne.uslsu/Forms Documents.htm.
Bermuda Bay, LLC
Page 4 of 3
January 2, 2006
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
AWK/ijm
Enclosures: GC 3404
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: Brian Rrubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
DMF, P.O. Box 769, Morehead City, NC 28557
File Copy
Central Files
Filename: 051965 Ver2BermudaBayLLC(Dare)401
Bermuda Bay, LLC
Page 3 of 3
January 2, 2006
7. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be maintained if
requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it
shall not be placed in the streambed, unless specifically approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Certificate of Completion form.
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401 /Wetlands Unit web site at:
http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Quible
ullp-q), 11 C< <) - I (I V)
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
December 1, 2005
Mr. John R. Dorney
Water Quality Certification Program
NC Division of Water Quality ?
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Bermuda Bay
Nationwide #14/ 401 Water Quality Cert. Permit Application Package
Dear Mr. Dorney:
P.O. Drawer 870
Kitty Hawk, INC 27949
Phone: [phone]
Fax:[phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivleso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
The purpose of this correspondence is for Quible & Associates, P.C. to provide USACE and NCDENR,
Division of Water Quality a Nationwide #14/401 Water Quality Cert. Permit application submitted by our
firm on behalf of Bermuda Bay, LLC Attn: Dave Russotto.
Proposed work includes construction of an emergency vehicle access to the subject property. This
requires the crossing of a ditch that is considered to be "Waters of the US" by USACE. A 36 inch
diameter culvert will be installed and covered with sand and a geo-textile matting for access requirements.
This portion of the ditch is not under jurisdiction of CAMA. This includes impacts to 0.003 acres of the
subject ditch.
A copy of this package has been submitted to US Army Corps of Engineers (USACE).
Enclosed are seven copies of the following:
• 11 " x 17" Site Plan indicating wetlands and proposed work
• 11' x 17" Overall Site Plan
• Signed copies of the Pre-Construction Application
• USGS topographic location map
• Photocopies of the $200 processing fee check to NCDENR and original check
• Agent Authorization Letter
• NCDOT Encroachment Agreement
Thank you for your attention to this information. If you have questions regarding this matter please
contact me at 252-261-3300.
Sincerely,
Quible & Associates, P.C.
Brian Rubino
cc: Thomas Steffens, USACE
Dave Russotto, Landmark Development
Mike Robinson, Landmark Development
p r
DF C r 2005
??' i f? fly,

Quible
Quible & Associates, RC.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
December 1, 2005
Mr. Thomas Steffens
US Army Corps of Engineers
P.O. Box 1000
Washington, NC 27889
Re: Bermuda Bay
Nationwide #14/ 401 Water Quality Cert. Permit Application Package
Dear Mr. Steffens:
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fox: 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.
The purpose of this correspondence is for Quible & Associates, P.C. to provide USACE and NCDENR,
Division of Water Quality a Nationwide #14/401 Water Quality Cert. Permit application submitted by our
firm on behalf of Bermuda Bay, LLC Attn: Dave Russotto.
Proposed work includes construction of an emergency vehicle access to the subject property. This
requires the crossing of a ditch that is considered to be "Waters of the US" by USACE. A 36 inch
diameter culvert will be installed and covered with sand and a geo-textile matting for access requirements.
This portion of the ditch is not under jurisdiction of CAMA. This includes impacts to 0.003 acres of the
subject ditch.
Seven copies of this package have been submitted to John Dorney with NCDWQ.
Enclosed are copies of the following:
• 11 " x 17" Site Plan indicating wetlands and proposed work
• 11' x 17" Overall Site Plan
• Signed copies of the Pre-Construction Application
• USGS topographic location map
• Photocopies of the $200 processing fee check to NCDENR and original check
• Agent Authorization Letter
• NCDOT Encroachment Agreement
Thank you for your attention to this information. If you have questions regarding this matter please
contact me at 252-261-3300.
Sincerely,
Q,/uiible & Associates, P.C.
&? (ssw?
Brian Rubino
cc: John Dorney, NCDWQ
Dave Russotto, Landmark Development
Mike Robinson, Landmark Development
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No. LJ-U? 0'
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NC I Of.
mitigation of impacts see section VIII - Mitigation), check here:
?`?? Ct:?"
II. Applicant Information D1 Ll) IOpS
1. Owner/Applicant Information ; 4fq:) , T.R iRnwrF!
Name: Bermuda Bav LLC Attn: Dave Russotto
Mailing Address: P.O. Box 147
Harbinger NC 27941
Telephone Number: 252-255-8026 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: Quible & Associates, P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk NC 27949
Telephone Number: 252-261-3300 Fax Number: 252-261-1260
E-mail Address:[e-mail]
Page 5 of 12
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:Bermuda Bay, LLC
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Dare County Tax Pin # 988310275177
4. Location
County: Dare Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): US 158 to Ocean Bay
Boulevard/Colington Road (SR 1217)• travel 0.5 miles to the site
5. Site coordinates, if available (UTM or Lat/Long):35°00'27"N, 75°40'23"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
The site contains multifamily and proposed multifamily structures under construction
Development includes roadways/parking, stormwater storage and treatment areas walkways
and boardwalk, etc.
7. Property size (acres): 79.6 acres
8. Nearest body of water (stream/river/sound/ocean/lake):
Colington Creek and Buzzard Bay
9. River Basin: Pasguotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.state.nc.us/admin/mal2s/.)
Page 6 of 12
V
10. Describe the purpose of the proposed work: To provide a required emergency vehicle
access. According to US Army Corps of Engineers representatives the ditch running along
the subject property boundary is considered Waters of the U.S. but this is not considered to
be a Section 404 wetland area. The ditch holds shallow water during and after rain events
that ultimately discharges into Colington Cut.
11. List the type of equipment to be used to construct the project:
Backhoe dump truck and compaction equipment
12. Describe the land use in the vicinity of this project: residential or undeveloped
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Jurisdictional Determination (Action ID 2004311267) USACE Nationwide #18 and
#39 (Action ID 200411323) NCDWO 401 Water Quality Cert. (Project 041-168 4012-04)
NCDWO Wastewater Collection Permit (WO0024394) NCDWO Wastewater Treatment and
Disposal (WO0002829) NCDWQ SWMP Permit (SW704910) a NCDCM CAMA Major
Permit Application for a boardwalk and gazebo is under review.
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 are no known or anticipated future permit requests
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 7 of 12
V
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

Waters of the US Fill with culvert,
Grading 0.003
ac
yes 400 if to
Colington Creek Section 404, freshwater,
Waters of U.S.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.,ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 24 ac.
Total area of wetland impact proposed: 0.003 ac.
2. Stream Impacts, including all intermittent and perennial streams N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )

LINL coal 1111paCL separately and mennty temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tot)ozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. N/A- the subject ditch is described under item 1 above; there is
shallow water in the ditch during and after rain events
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
y
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,

bay, ocean, etc.)

List each impact separately ano menury temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
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.):
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.
This is a required access route for emergency vehicles only. A 36 inch diameter culvert will be
installed to ensure continued flow of stormwater drainage The access route has been positioned
up-ditch from areas of CAMA Jurisdiction This was confirmed during a 11/10/05 meeting with
Lynn Mathis from NCDCM.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htty://h2o.enr.state.nc.us/ncwetlands/strmgide.htmi.
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.
Impacts to this ditch have been minimized to the fullest extent possible For proper drainage
purposes, a 36 inch diameter culvert will be installed in the position of the existing ditch in
the location of the access driveway.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: N/A
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify -p
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
cone i extenas out su feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Page 11 of 12
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The proposed impervious coverage on the site at build-out is 20.87 acres This is addressed in
the Stormwater Management Plan (SW704910). Prior to initiation of this project there was no
impervious coverage.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
All wastewater will be treated at the KDHWWTP LLP Wastewater Treatment Facility located
on the east side of the subject tract.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Executive Offices
Physical Address: 7578 Caratoke Hwy., Jarvisburg, NC 27947
Mailing Address: P.O. Box 147, Harbinger, NC 27941
Phone: [phone] Fax: [phone]
-01
Nov„e?mber 28, 2005
Quible and Associates, P.C.
Attn: Joe Lassiter
P.O. Drawer,870
Southern Shores, NC 27949
Re: Bermuda Bay, LLC- Agent Authorization
Dear Mr. Lassiter,
This letter hereby authorizes Quible and Associates P.C. to act as the agent for Bermuda Bay,
L.LC. In the matter of the CAMA application for the emergency vehicle access proposed for
construction at the Bermuda Bay Project.
Thanks and feel free to call if you have any questions or need additional information.
Sincerely,
ussotto
dent
Landmark Building & Development, LLC

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=rom the Intersection of Route No. US 158 and Route
N.C. DEPARTMENT OF TRANSPORTATION
STREET AND DRIVEWAY ACCESS
PERMIT APPLICATION
S.R. 1217 Toward Collington
'ROPERTY WILL BE USED FOR:
'ROPERTY 19 is
DROPERTY IS LOCATED IN:
? Special Commercial ? Regular Commercial ? Residential /Subdivision ? Other_
? is not within City Zoning Area. KILL DEVIL HILLS
® Rural ? Urban Development Classification
AGREEMENT
I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right-of-way at the
above location.
I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on Street and
)riveway Access to North Carolina Highways" as adopted by the North Carolina Department of Transportation.
I agree that no signs or objects will be placed on or over the public right-of-way.
I agree that the driveway(s) or street(s) will be constructed as shown on the sketch on (the reverse side) (the attached plans).
I agree that that driveway(s) or street(s) as used in this agreement include any approach tapers, storage lanes or speed change
--= -_ !eemed necessary.
I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s) located on public
ay will be considered the property of the North Carolina Department of Transportation, and I will not be entitled to
_ment or have any claim for present expenditures for driveway or street construction.
I agree that this permit becomes void if construction of driveway(s) or streets is not co
-'`-? Street and Driveway Access to North Carolina Highways". completed within the time specified by the
I agree to pay an installation fee for pipe installed by the Division of Highways or pay a $50 inspection fee for installation by others.
- _:ks payable to NCDOT. The inspection fee will be reimbursed if application is denied.
cl agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger the public
I agree to provide during construction proper signs, signal lights, flagers and other warning devices for the protection of traffic in
----- a- ice with the current "Manual on Uniform Traffic Control Devices for Streets and Highways" and Amendments or Supplements
Information as to the above rules and regulations may be obtained for the Division Engineer.
I agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims for damage
=,? -rise by reason of this construction.
I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may be caused to
within the highway right-of-way limits, in carrying out its construction.
I agree to provide a Performance Bond in the amount specified by the Division of Highways for any construction proposed on the
°.way system.
I AGREE TO NOTIFY THE nIAT121cr =W-MUero...ue-
Pipe Inspection INSTALLATION BY: NCDOT OTHERS.
?
_ = -- Pipe installatio Satisfactory AMOUNT
n
- - Size Length Costs (Yes/No) RECEIVED Dollars $
$-ice-
SIGNATURE (T E7 DATE
$ INSPECTION BY NCDOT
- SIGNATURE (TITLE) oaTF
Sunset B ,LLC, G. Eddie Goodrich, Managing Partner
- ---=_E
- P Box 3 29, Kill Devit ?S, 27948
Phone No.
NAME Michael W. Robinson
SIGNATURE
,_.
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ADDRESS. Bissell rofessional Group
PO Box 1068, Kitty Hawk. NC 27949
APPLICANT _ WITNESS
---- Sunset LLC, G. Eddie oodri ,Mana in Partner NAME Michael ITV on
- SIGNATURE
413ox 629, Kill evil Hills, NC 27948 ADDRESS BPG , PO Box 1068, l(ifty Hawk, NC 27949
• NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Transportation TEB 65«04
61-03419
PROPERTY OWNER WITNESS
Access to Route No. SR 1217,
Collington
Road
Phone No.
APPROVALS
4PPROVAL BY: Local Governmental Authority (when required)

SIGNATU TITLE DATE
APPLICATION RECEIVED BY DISTRICT ENGINEER APPLICATION APPROVED BY DISTRICT ENGINEER

SIGNATURE DATE SIGNATURE DATE
- -3 ITS:
SHOW: PROPOSED PLANS
LOCATION OF DRIVEWAYS DRAW OR SKETCH BELOW, OR ATTACH
?. DETAILS OF WORK, INCLUDING PIPES CONSTRUCTION PLANS FOR STREETS
3. EXISTING BUILDING, WALL, ETC. OR DRIVEWAYS
4. PROPOSED BUILDING, WALL, ETC. INDICATE
57 HIGHWAY FEATURES NORTH
Driveway connection as shown on plans entitled "Sunset Bay P.O.D." prepared by Bissell Professional Group,
Project Number 3825, Dated
12/12/03

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