20050315 Ver 1_Complete File_20050218

4C1 1 comnlents

Subject: 401 comments
From: Tom Steffens <[e-mail]>
Date: Sat, 09 Apr 2005 14:59:02 -0400
To: Cyndi Karoly <[e-mail]>
CC: Laurie Dennison <[e-mail]>, Debbie Edwards <[e-mail]>

Residents of C/O:
find below comments for 401 projs entered in fp5.
05-0315 Adam Jakob 9-Apr nw1S 2S-Feb
Issue n/c
05-031S Frank Jakob 9-Apr nw1S 2S-Feb
Issue n/c
05-0316 Rhonda Midgette 9-Apr nw lS/14 2S-Feb
Issue n/c
05-0373 Karen Roberts 9-Apr nw1S S-Mar
Issue n/c
05-034S Amy Srail 9-Apr nw1S S-Mar
Issue n/c
05-0555 Eagle Trace 9-Apr dcmaj/mod 30-Mar
HOLD- applicant indicates sewage pumpout but has no facitilites on the ground to
handle sewage. Applicant need to provide valid septic permit for site indicating
available location. Shading of significant areas of SAV will occur w/ this project.
SAV survey may be needed to assess full impacts. SA waters
05-0429 Bramble East 9-Apr nw14 lS-Mar
isuue n/c
05-0430 Carlysle on the sound 9-Apr nw14 lS-Mar
Issue n/c
05-0431 Bramble west 9-Apr nw14 19-Mar
Issue n/c
05-0309 Stephen Horvath 9-Apr dcm lS-Feb
Issue n/c

05-0305
39/iso
Issue
05-0317
Issue

Builders discount center / john and donnamercer
2S-Feb
w/ isolated permit, strm h20 ok
Bretn Nultemeier 2S-Feb nw1S 2S-Feb
n/c

25-Mar

nw

05-0522 Pamptecough Shores Co 9-Apr dcm 24-Mar
Issue nc
05-0401 Mike Coward/Larkin Little 9-Apr dcm 14-Mar
Issue n/c
05-053S The Cooperage 9-Apr dcm maj lS-Mar
Issue n/c

05-0421 Ronald A. Pettit 9-Apr dcm S-Mar
HOLD- Applicant needs to provide water depths and more detail of adjacent OPEN SA
waters. Must provide assurances that future maintenance dredging deeper than existing
2'depth near new boat ramp will be sought.

05-0461 William Krimmel III 9-Apr dcm 10-Mar
HOLD- USACE confirmation of 404 line needs to be provided

lof2

4/11/2005 7:32 AM

401 conm;cnts

05-0457 Bayview Townhomes (05-0522 same project)
Issue n/c

9-Apr

dcm

5-Apr

questions or comments? call or write
isn't saturday a great day to get stuff done? so much w/so little distraction...

20f2

4/11/2005 7:32 AM

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County: Dare

USGS Quad: Rodanthe

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ill. 200510739

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VEIUFICATION

Property Owner / Authorized Agent: Adam .Jakob
Address: Post Office Box 249
Salvo, North Carolina 27972

Telephone No.: 252-995-7040
Size and location of property (water body, road name/number, town, etc.): Lot 43 contains 0.23 acre located cast off
NC Hil!hwav 12 on Dean Avenue, adiacent to the North Drain, in Rodanthe, Dare County, North Carolina. The
North Drain wetland complex connects to the Pamlico Sounel. PIN # 15065805073565.

Description of projects area and activity: Fill 0.10 acre of Section 404 iurisdictional wetlands for residential
development.

Applicable Law: rg] Section 404 (Clean Water Act, 33 USC 1344)
o Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pennit Number: _
Nationwide Pennit Number: ]8

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
pemlittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will.cmain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide pennit authorization is reissued and/or
modified, this vcrification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide pemlit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) Dr are under contract to commence iIi"reliance upon the. nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has be.en exercised on a case-by-case basis to modifY, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department OftllC Army verification does not relieve the permittee oftlle responsibility to obtain any other required Federal,
State or local approvals/permits.
Iftllere arc any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 ext. 25.

Corps Regulatory Official j)i~

w~ eWS.nale: 0410SnOOS

Expiration Date of Verification: 03/] 8/2007

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APR 7 2005

DENR. WATER 9U~I:1Al;CH
WE11JJlDS fJlD STORIl,/}i, ""

Pagc 1 of2

AprilS, 2005

Regulatory Division

Action ill No. 200510739

Adam Jakob
Post Office Box 249
Salvo, North Carolina 27972

Permit Special Conditions

a. The Permittee shall mitigate for 0.10 acre of wetlands associated with this
project by payment to the North Carolina Ecosystem Enhancement Program
(NCEEP) in an amount determined by the NCEEP sufficient to perform 0.20 acre
ofnonriparian wetland restoration mitigation (Cowardin classification type
E2EMIP) in the Tar-Pamlico River basin (HUC 03020105). Discharge into
wetlands on the permitted proiect shall begin only after the Permittee has made
full payment to the NCEEP, and the NCEEP has made written confirmation to the
District Engineer, that it has received payment and agrees to accept responsibility
for the mitigation work required, pursuant to Paragraph IV.D. ofthe
Memorandum of Understanding between the North Carolina Department of
Environment and Natural Resources and the U.S. Anny Corps of Engineers,
Wilmington District, dated November 4, 1998.

Determination of Jurisdiction:

o Based on preliminary infonnation, there appear to be waters ofthe US including wetlands within the above described project area.
This preliminary detennination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).

o There arc Navigable Waters of the United States within the above described project area subject to the pennit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this detennination may be relied upon for a period not to exceed five years from the date of this
notification.

o There arc waters of the US and/or wetlands within the above described project area subject to the pennit requirements of Section
404 of the Clean Water Act (CWA)(33 USC S 1344). Unless there is a change in the law or our published regulations, this
detennination may be relied upon for a period not to exceed five years from the date of this notification.

[2] The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional detennination issued 4/5/2005. Action ID 200510758

Corps Regulatory Official:

r,W,<:'.

Date 04/05/2005

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
A IT ACHED TO THE FILE COPY OF TI-IIS FORM, IF REQUIRED OR AVAILABLE.

Copy Furnished:
Atlantic Environmental Consultants, LLC r.~__
NC Ecosystem Enhancement Program
NC Division of Water Quality

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Page 2 of2

OS-03IS

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County: Dare

USGS Quad: Rodanthe

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ill. 200510739

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VElUFICATION

Property Owner / Authorized Agent: Adam .Takob
Address: Post Office Box 249
Salvo. North Carolina 27972

Telephone No.: 252-995-7040
Size and location of property (water body, road name/number, town, etc.): Lot 43 contains 0.23 acre located east off
NC Hi!!hwav 12 on Dean Avenue. adiacent to the North Drain. in Rodanthe. Dare County. North Carolina. The
North Drain wetland complex connects to the Pamlico Sound. PIN # 15065805073565.

Description ofprojects area and activity: Fill 0.10 acre of Section 404 iurisdictional wetlands for residential
development.

Applicable Law: C8] Section 404 (Clean Water Act, 33 USC 1344)
o Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: _
Nationwide Permit Number: 18

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will .emain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) Dr are under contract to commence in.'reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modifY, suspend or revoke the authorization.
Activities subj ect to Section 404 (as indicated above) may also require an individual Section 40 I Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 ext. 25.

Corps Regolatory Official j~ W~ etAJ.S. Dale: 04/0512005
Expiration Date of Verification: 03/18/2007

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APR 7 2005
OENR. WATER Q~~lCH
WETl..ANDS AND SToro.ffl1\

Page 1 of2

County:Dare

Action ID Number:200510739

Permittee: Adam .Jakob

Date Permit Issued: 4/5/2005

Project Manager: William \Vescott

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
\VILMINGTON DISTRICT
\VASHINGTONREGULATORY FIELD OFFICE
Post Office Box 1000
\Vashington, North Carolina 27889

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

Signature of Permittee

Date

CESA W-RG-W

DATE: 04/05/2005

MEMORANDUM FOR RECORD

SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.

1. Action ill. 200510739

2. Project Name and Location: .Takob--Iot 43. Dean St.. Rodanthe

3. Mitigation [Section 404(b)(I) Guidelines].

a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain: _

b. Is compensatory mitigation necessary? YES

Explain: in-lieu payment to NCEEP for 0.20-acre of Non-rioarian wetlands

4. Endangered Species (Section 7 of the ESA).

a. Will any threatened or endangered species or their critical habitats be affected by this project? NO

If YES, describe steps taken to address concerns: _

5. Cultural Resources (Section 106 of the NHPA).

a. Will any Cultural Resources be impacted by this project? NO

b. If YES, describe steps taken to address concerns: _' -6{;._

6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).

a. Is this a project that "may adversely affect essential fish habitat"? NO

b. If YES, describe steps taken to address concerns: _

Corps Regulatory Official:

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Adam Jakob I File Number: 200510739 Date: 4/5/2005
Attached is:Nationwide Permit See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION 1- The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional infonnation may be found at http://www.lIsace.army.millinet/fullctiollS/CW/cccwo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modifY the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously \"Titten. After evaluating your objeetions, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
. ACCEPT: If you received a Standard Permit, you may sign the permit docwnent and return it to the district engineer for fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its ternIS and conditions, and approved jurisdictional determinations associated with the permit.
. APPEAL: If you choose to decline the proffered pernIit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial ofa permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days ofthe date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
. ACCEPT: You do not need to notifY the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved ID.
. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This fornl must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
-JD-(whicn may be appealed), bycol1tacting the Corps district for furtheiinstruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record ofthe appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR IN FORMA TION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review Officer
Attn: William Wescott CESAD-ET -CO-R
Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 9M15
252-975-1616 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engil1eers personnel, and any
government consultants, to conduct investigations of the project site during the course ofthe appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.

DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

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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

April 11, 2005

DWQ Project # 05-0315
Dare County

Mr. Adam Jakob
P.O. Box 249
Salvo, NC, 27972

Subject Property:

Jakob AEC#05-011
Pamlico Sound, 30-22, Class SA HQW

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Jakob:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.10 acres of wetlands for the purpose of residential construction at the subject
property, as described within your application received by the N.C. Division of Water Quality (DWQ) on
February 18,2005. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control, 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:

404/CAMA Wetlands

roved (Units

Plan Location or Reference
PCN form

N%rthCarolina
.Natllrnl/If

401 OversighVExpress Review Permits Unit
1650 Mail SelVice Center, Rale~h, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX 919-73M893/lntemet http://h2oenr,state.nc.us/ncwctl3nds

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l 0% Post Consumer Paper

Adam Jakob
Page 2 of3
April 11, 2005

,

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in ordcr 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 Nortli 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 win 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 40 I 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. 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.

I ,

Adam Jakob
Page 3 of3
Aprill!,2005

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 in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481.

AWKlcbk

Sincerely,

6r4' r rJ;;

~Alan W. Klimek, P.E.

Enclosures:

GC 3402
Certificate of Completion

cc: Roxanne Dorman, P.O. Box 3266, Kitty Hawk, NC, 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files

Filename: OS031SAdamJakob(Dare)401

I USACE Action ID No.

D\VQ No.

If any particular item is not applicable to this project, please enter "Not Applicable" or "N/ A" rather than
leaving the space blank.

I. Processing

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2005 .
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2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide l~f

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit
D Section 10 Pemlit
~ 401 Water Quality Certification
D Riparian or Watershed Buffer Rules

3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: D N/ A

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VlII- Mitigation), check here: ~

II. Applicant Information

1. Owner/Applicant Information
Name: Adam Jakob
Mailing Address: P.O. Box 249
Salvo. NC 27972

Telephone Number: see agent info.
E-mail Address: see agent info.

Fax Number: see agent info.

2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: Roxanne D. Domlan
Company Affiliation: Atlantic Environmental Consultants. LLC
Mailing Address: P.O. Box 3266
Kitty Hawk. NC 27949

Telephone Number: 252-261-7707
E-mail Address: RoxDorman@aoLcom

Fax Number: 252-261-2965

Page I 0[8

Ill. 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. Ifpossible, 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 II 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: Jakob AEC#05-011

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/ A

3. Property Identification Number (Tax PIN): #065805073565

4. Location
County: Dare County Nearest Town: Avon
Subdivision name (include phase/lot number):Lot 43. Rowan Beach Estates
Directions to site (include road numbers, landmarks, etc. Heading south on Hwy 12 to
Avon. turn left on Dean Avenue. Lot 43 approx. 6th lot on right headed east on Dean Ave.

5. Site coordinates, if available (UTM or Lat/Long): 35019'55. 76"N 75030' 43.49"W
(N ote - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing ofa distinct waterbody.)

6. Describe the existing land use or condition of the site at the time of this application:
Lot 43 is currently undeveloped with scrub vegetation

7. Property size (acres): 0.15 acres

8. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean

9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:ih2o.ellr.~atel1~.lIs/aclmin/1113J)S!.)

Page 2 of8

10. Describe the purpose of the proposed work: Fill in Section "404" wetlands to prepare the
site for residential constmction. .

11. List the type of equipment to be used to constmct the project:
loader

Dump tmck. frontcnd

12. Describe the land use in the vicinity of this project: undeveloped/residential

IV. Prior Project History

If jurisdictional detemlinations 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
constmction schedules.
Jurisdiction determination has been made by William Wescott. USACE. on 1-27-05. however.
no Action ID Number is available at this time. No prior permits obtained for this lot.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this proiect.

VI. Proposed Impacts to 'Vaters of the United Statcs/\Vaters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts

Page 3 of8

Wetl;lIld ImjxlCt Area of Located within Distance to
Site Number Type of Impact* Impact IOO-year Floodplain* * Nearest Stream Type ofWetland***
(indicate on m;lp) (acres) (yes/no) (linear feet)
1 Wetland fill 0.10 ac yes 1,400 feet from Open/scrub wetland
Atlantic Oc.:an

*

List each impact separately and identit\ temporary imp;lcts, Impacts include. but are not limikd to: mechalUzed clearing. gradll1g. lilL
e"ca\'ation. 1100ding. ditching/drainage. dc, For dams. separatelY list impacts due to both stmctme and Hooding,
100- Year 1100dplains arc identified tlU"<l\1gh thc Fedewl Emergency Managcmcnt Agency's (FErv1t\) Flood Insuwnce Rate Maps
(FIRM). or FE!v1A-;lppro\'ed local HoodpIain maps, Maps arc a\'ailable through thc FE!v1A M.lp Ser\'icc Center at 1-800-358-9616. or
online at G.:'p ',\"n'-.L~~''.'.:,
List a wetland type that best describes \\eHand to be impacted (eg.. lieslmatcr/salt\\ater marsh. forested \\eHand. bea\er Ixmd.
Carolina Ba~'. bog. etc,)

**

***

List the total acreage (estimated) of existing wetlands on the property: 0,21 acres
Total area of wetland impact proposed: 0.10 acre

2. Stream Impacts, including all intermittent and perennial streams

Stream Impact Length of A\erage Width PeretUlial or
Site Number Type of lmpact* ImpacI Stream Name * * of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specifn
N/A N/A N/A N/A N/A N/A

..

List each impact separately' and identit~' temporary impacts, Impacts include. but are not limited to: cuherts and nssocinkd rip-rap.
dams (SCIJ;U'atdy list impacts due to both stnlCture and I10txIing I. relocation (include linear li:ct hdiJre and aller. and nd loss/gain).
stabilization ncti\ities (cemcnt \\'aIL lip-rap. crib \\aIL gabions. etc,). e"ca\'ation. Jitchinvstmightcnlllg. dc, If strc..1m re!ocntion is
proposed. plam and proliles shO\\ing the Illlear jtxltprint f(lr both tile original .urd relocated s1reams must be lllcluded,
Stream names cnn be jil\l1ld on USGS topographic maps, If a stream has no name. list as ur (uIlJramed tributary) to the nearest
dO\\Ilstream named strcam into \\!rich it 110\\'s, USGS nwps are a\'nilable through the USGS nt 1-800-358-9616. or online at
:::~~, ~,)'" Se\eral intemct sites also allo\\' dll'ect dO\\1l10ad and printing of USGS maps (cg.. ",\11,\ t',']'(170nC Cl'lll.
\\'\\\1 11I,iJ;',!IIc"i C,'ill. etc,),

Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts

Page 4 0[8

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.

Opcn Water Impact Arca of Name of Waterbody Typc of Waterbody
Site Number Type of Impact * Impact (if applicable) (Iakc, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)
N/A N/A N/A N/A N/^

*

List each impact separately and idcntity tcmporary impacts. Impacts include, but are not limitcd to: till, excavation, dredging,
flooding, drainage, bulkheads, ctc,

4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application. N/A
Pond to be created in (check all that apply): 0 uplands 0 stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A

Size of watershed draining to pond: NI A

Expected pond surface area: NI A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
TIle proposed impact was limited to a total of 0.10 acre. Due to Ole extensive amount of wetlands on site and
scptic sclbacks. wetland fill is necessary to prepare the si1e for residential constmction. Wetland fill could not be
avoided in order to construct a rcsidential dwelling with rCQuired parking spaces and scPtic systcm sct backs. Site
plan is designcd c10sc to Dean Street to minimize wetland fill to stay within the General Permit.

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 5 of8

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
1mJL::.i{h_~.Q.5JlLstmgJJ~.Jl~D.c~~fl1(llJ(L~~t rIlJgLckUtI111.

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.
TIle property owner proposes to purchase wetland credits from NCEEP as compensatory mitigation for this
proiect. Wetland credits purchase will be a total of 1/4 acre.

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 NC\VRP. 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 40I/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 1111!LU~..0c-Cl}ut;ltCI1CJJS'\\lJ1:jl1dc\:lili!!. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:

Amount of stream mitigation requested (linear feet):
Amount ofbufIer mitigation requested (square feet):
Amount of Ripari;U1 wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

N/A

Page 6 of8

LX. Environmental Documentation (DWQ Only)

Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?

Yes D

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 (NEP AlSEP A)?
Note: If you are not sure whether a NEPAlSEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No [2]

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No [2]

X. Proposed Impacts on Riparian and \Yatershed Buffers (D\YQ Only)

It is the npplicant's (or ngent's) responsibility to detennine, delineate and mnp all impacts to required state and locnl
buffers nssocinted with the project. The npplicant must also provide justificntion for these impncts in Section VII
nbove. All proposed impncts must be listed herein, and must be clearly identifiable on tlle accompanying site plan.
All buffers must be shown on a map, whetller or not impacts are proposed to the buffers. Correspondence from tlle
DWQ Regional Office may be included as appropriate. Photographs may also be included at tlle applicant's
discretion.

Will tlle project impact protected riparian buffers identified witllin I5A NCAC 2B .0233 (Neusc), I5A NCAC 2B
.0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify Nt A )7
Yes D No [8J If you answered "yes", provide tlle following infonnation:

Identify tlle square feet and acreage of impact to each zone of tlle riparian buffers. If buffer mitigation is required
cnlculate the required amount of mitigation by applying tlle buffer multipliers.

Zone* Impact Multiplier Required
(SQuare feet) Mitigation
I N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A

*

Zonc I cxtends out 30 feet pcrpcndicular from near bank of channel; Zonc 2 extends

If buffer mitigation is required, please discuss what type of mitigation is propos cd (i.e., Donation of
Property, Conservation Eascment, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into thc Riparian Buffer Restoration Fund). Please attach all appropriate information as idcntified within
15A NCAC 2B .0242 or .0260.
No buffer mitigation required for this proiect since disturbance/fiII is not within the buffer.

Page 7 of8

XI. Stormwater (D'VQ Only)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious surfaces do not exist at this time. Impervious surfaces will be limited to
house footprint. driveway and parking Not to exceed 30% lot coverage,

XII. Sewage Disposal (D'VQ 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.
A peat bio filter system is proposed for this lot

XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (I5A NCAC 2H .0500) or any Buffer Rules?
Yes D No [2]

Is this an after-tIle-fact permit application')
Yes D No [2]

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 lllrcatened Species, accessibility problems, or
other issues outside of the applicant's control).

cx:;:g=isProicct 2 . (7 -DS-

Applicant! Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of8

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VICINITY MAP

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LOT 42

PROPOSED WETLAND
FILL AREA (4,356 SF)

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FEB 1 8 2005

DENR. WATER QUALITY
t'.ElJJIOS AND STORl.fUATER BRANCH

DEAN STREET

PROPOSED ECOFLO
PEAT SYSTEMS FOR
FOR LOTS 43 & 44
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LOT 44

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LOT 45

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

tom steffens
81 hnrlgp.

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Adam Jakob
Project Number 05 0315
Recvd From APP
Received Date 2/18/05
Project Type residential

County Dare
County2
Region \Vashington

Recvd By Region

Certificates

Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index

Stream
Class

Prim. Supp.

Acres
Basin Req.

Feet
Req.

I 18 I OTH I@Y ON I I 30-22 [SA I HQW 130,155. I 0.10 I
I I IOY ON I I r--I I I I
.

MitiQation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 YON Did you request more info? 0 YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 YON
Is Mitigation required? 0 YON Recommendation: 0 Issue Olssue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 351956 Longitude (ddmmss) 753043

Comments:
issue n/c

cc:

Regional Office
Central Office

Page Number 1

Facility Name Adam Jakob

County Dare

Project Number 05

0315

Regional Contact:
Date:

tom steffens

Comments (continued from page 1):

cc:

Regional Office
Central Office

Page Number 2

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FEB 1 8 Z005

A llANTIC DR.

DENR - WATER QUALITY
r:ETWIDS AND STQRl,rUATER BRAUCH

HOLUDAY BLVD. S.

VICINITY MAP

DEAN STREET

PROPOSED ECOFLO
404 WETLAND PEA T SYSTEMS FOR
LINE FOR LOTS 43 & 44
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LOT 44 LOT 45
I LOT 42 I I
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NATIONWIDE #18
ADAM JAKOB
LOT 43, ROWAN BEACH ESTATES
RODANTHE - DARE COUNlY - NORTH CAROUNA
15' 0' 30' 60' 90'
I I I I I ATLANTIC ENJI//?ONIIENTAL CONStJLTANT5, LLC
GRAPHIC SCALE 1"= 30' p.oo BO% J256, KITTY 1lAH'K, MC. 279,(9
(252)25/-7707, e-m(]iI roxdom7(]ntJ(]ol.com

FILE: 05-016

DATE: 2/17/05

REVISED:

Triage Check List

Date: 2-2.2- 0 S.

projett Name:

To: D ARO Kevin Barnett
D FRO Ken A veritte
D !v1RO Alan Johnson
D RRO Mike Horan

From:

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DWQ#:
County:

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o WSRO

!\[C#6S-0tj

oC;o'3/6
Pc.r-e

Tom Steffens and Kyle Bames

Noelle Lutheran

Daryl Lamb

Telephone: (919) 1/ S 3L( 7 S

,
\
The file attached is being forwarded to ~our for your evaluation.
Please call if you need assistance.
\
D Stream length impacted ·
D Stream determination \
D Wetland determination and distance to blue-li~e surface waters on USFW topo maps'
D Minimization/avoidance issues
o Buffer Rules (Neuse, Tar-Pam1ico, Catawba, R"andleman)
o Pond fIll
o Mitigation Ratios
o Ditching
o Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
o Is the application consistent with pre-application meetings?
o Cumulative impact concern

Comments:

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FA><' NO. : :i.5~6129S5

Feb. 10 200'5 03: SOPM Pl

Adam Ja~b
P.O. Box 249
Salvo, NC 27972

I, Adam JlV:ob authorize Atlantic Environmental Consultants, LLC (AEC) to apply for
environmental permits on my behalf for property located in Rodanthe, Dare County,
North Carolina.

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AUTHORIZATION DATE

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