20050317 Ver 1_Complete File_20050218

401 comments

Subject: 401 comments
From: Tom Steffens <[e-mail]>
Date: Sat, 09 Apr 2005 14:59:02 -0400
To: Cyndi Karoly <cyndi,[e-mail]>
CC: Laurie Delmison <[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 28-Feb
Issue n/c
05-0318 Frank Jakob 9-Apr nw18 28-Feb
Issue n/c
05-0316 Rhonda Midgette 9-Apr nw lS/14 28-Feb
Issue n/c
05-0373 Karen Roberts 9-Apr nw18 8-Mar
Issue n/c
05-0348 Amy Srail 9-Apr nw18 8-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 18-Mar
isuue n/c
05-0430 Carlysle on the sound 9-Apr nw14 18-Mar
Issue n/c
05-0431 Bramble west 9-Apr nw14 19-Mar
Issue n/c
05-0309 Stephen Horvath 9-Apr dcm 18-Feb
Issue n/c

05-0305
39/iso
Issue
05-0317
Issue

Builders discount center / john and donnamercer
28-Feb
w/ isolated permit, strm h20 ok
Bretn Nultemeier 28-Feb nw18 28-Feb
n/c

25-Mar

nw

05-0522
Issue
05-0401
Issue
05-0538
Issue

Pamptecough Shores Co
nc
Mike Coward/Larkin Little
n/c
The Cooperage 9-Apr
n/c

9-Apr

dcm

24-Mar

9-Apr

dcm 14-Mar

dcm maj

18-Mar

05-0421 Ronald A. Pettit 9-Apr dcm 8-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

10f2

4/11/2005 7:32 AM

401 comments

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

o~ WA/~1f

fIfiWQ)\
o 't --="--. ._ ""
\. ~"-.::;;7
''''~

Michael F. Easley. Governor

William G, Ross Jr" Secretary
North Carolina Departmcnt of Environment and Natural Rcsources

Alan W. Klimek, P,E, Dircctor
Division of Watcr Quality

April 11, 2005

DWQ Project # 05-0317
Dare County

Mr. Brent Nultemeier
10987 Elmont Woods Drive
Glen Allen, VA, 23059

Subject Property:

NuItemeier AEC#05-013
Colington Creek, 30-21-1-1, Class SC

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Nultemeier:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.06 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 Anny 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

Plan Location or Reference
PCN form

N~nrl.hCarolina
Ivall/mll!!

401 OversighVExpress Review Permits Unit
1650 Mail Service Center, Ralei;jh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Ralei;jh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet htto://h2oenr.statenc.us/ncwetlands

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

Brent Nultcmeier
Page 2 of3
April!!,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 order to protect surface waters standards:

a. The erosion and sediment control measures for the project must be designed, inst,alled,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.

4. No Sediment & Erosion Control Measures 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 1 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 40l/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.

Brent Nulterneier
Page 3 0[3
April 11, 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.

Sincerely,

. ~~~

r. Alan W. Klimek, P.E.

A WKJ cbk

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: 050317Nultemeier(Dare)401

ffi[g@[gDW[g ~

USACE Action ill No.

D\VQ NOOENR-WATERQUriLlTY"~I'
'.'ETtfoJ ;OS-At ili-s 1 tmM rrrot:trUTv-a"",

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

1. Check all of the approval(s) requested for this project:
[2J Section 404 Permit
D Section 10 Permit
[2J 401 Water Quality Certification
D Riparian or Watershed Buffer Rules

2, Nationwide, Regional or General Permit Number(s) Requested:

Nationwide 18

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 VIII - Mitigation), check here: D N/ A

II. Applicant Information

1. Owner/Applicant Information
Name: Brent Nultemeier
Mailing Address: 10987 Elmont Woods Drive
Glen Allen, VA 23059

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, Dorman
Company Affiliation: Atlantic Environmental Consultants. LLC
Mailing Address: P,O, Box 3266
Kitty Hawk. NC 27949

Telephone Number: 252-261-7707
E-mail Address:[e-mail]

Fax Number: 252-261-2965

Page lof8

In. 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: NuItemeier AEC#05-0 13

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

3, Property Identification Number (Ta"\( PIN): #987308779730

4. Location
County: Dare County Nearest Town: Colington
Subdivision name (include phase/lot number):Lot 45, Section B. Watersedge Subdivision
Directions to site (include road numbers, landmarks, etc. Heading south on Hwy 158 to
Colington Island. turn right at stop light on Colington Road. go towards Colington Island go
over first bridge and take a left on Watersedge Drive. Lot 45 on right 1/2 way to end of road.

5, Site coordinates, if available (UTM or LatlLong): 35000'39.51'N 75041 '20.62"W
(Note - 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 45 is currently undeveloped with scrub vegetation. adiacent lots are developed or
currently being developed as single-family residential.

7, Property size (acres): 0,21 acres

8, Nearest body of water (streamJriver/sound/ocean/lake): Colington Creek

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 bnJLJ1~OeI1Lstate.I1~J1Si(ldl11il1.m(l!)-,~..)

Page 2 of8

10. Describe the purpose of the proposed work: Fill in Section "404" wetlands to prepare the
site for residential construction, Small portion of shading in wetlands (portion of deck on
pilings 202 s.f).

11, List the type of equipment to be used to construct the project:
loader

Dump tmek. front end

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

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 US ACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn, Provide photocopies of previously issued permits,
certifications or other useful information, Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules,
Jurisdiction determination has been made by William Wescott. USACE on 2-15-05. No Action
ID Number 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 re~uests are anticipated for this proiect.

VI. Proposed Impacts to \-Vaters of the United States/Waters of the State

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

Page 3 of8

Wetland Impact Area of Located within Distance to
Site Number Typc of Impact* Impact IOO-year Floodplain** Nearest Stream Type ofWetIancl*'~*
(indicate on map ) (acres) (yes/no) (linear feet)
1 Wetland fill 0.06 ac 700 feel from scrub ".ctIand
yes Colington Creek

*

List each impact separilklY ,llld identil\ temporary impacts. Impads include. but arc not limited to: mechanized ck,lring. grading, lilL
excilyation.11ooding, ditching/drainage, dc. For dams, separatel\.list imlxlcts due to both stI11ctme and tlooding.
100- Year 11ooJplain., arc iuentilied through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FE!\1A-,lpprO\ed localtloodplainmaps. M,lpS arc ;nailable through the FEMA Map Senice Center at 1-800-358-9616. or
online at !,I.I1'.._~'".:-.~t(:UJ 'C"'..
List a \yelland type that best describes \Ydland to be impacted (eg. Iresll\\ater/sall\Y;lter marslL lixested \yelland. [1<:a\.er ponu.
Carolina Bay. bog, elc,)

**

***

List the total acreage (estimated) of existing wetlands on the property: 0.13 acres
Total area of wetland impact proposed: 0.06 acre

2. Stream Impacts, including all intermittent and perennial streams

Stream Imp:Jct Length of AYer:Jge Width Perennial or
Site Number Typc ofImpact* Imp:Jct Stream Namc** of Stre:Jm Inteflllittent'?
tindic:Jte 011 map ) (linear feet) Before Impact (ple:Jse specify)
N/A N/A N/A N/A N/A N/A

List each impact scparatel~' ami id<:ntit~. I<:mporary impacts. Impacts includ<:, but arc not limited to: clllYel1s and associated rip-rap,
dams (separatel\' list impacts due to both stnlCtme and 11ooding), relocation (include Illle,u' fed before and aileI'. and net loss/gain).
stabilization actiYiti<:s (cem<:nt \yall. rip-mp, crib \\aIL gabions. dc.). excayation. ditching/straightening. etc. If stream reloGltion is
propos<:d. plam anu protiles shO\Ying the Iin<:ar Ilxltprint Illr both the original ;UlU relocated streams must be lllcluued.
Stream names can [1<: founu on USGS topographic maps If a stream has no name, list as trf (UIllJameu tributary) to the nearest
du\\nstream named stream into \\hich it 11o\\s. USGS maps are aYail,lble through the USGS at 1-800-358-9616. or online at
\\\\\\.l1:;";~T", ~(\\. Se\'cral intt.:l1lt:t sites ~llso allo\y direct tlo\\"nload and printing of lJS(lS n1~lps (e.g._ \\"\\\\.t()pl-'7nJll~ (On1.
\\\\\\ 1J1JI'Qll<2't ce'11i. etc.).

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

Page .J of 8

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

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

*

List each impact separately and idcntify tcmporary impacts. Impacts include, but arc not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, dc,

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 (chcck all that apply): D uplands D stream D wetlands
Describe the method of construction (e,g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

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

Size of watershed draining to pond: N/A

Expected pond surface area: N/ A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts, It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible, Also discuss how impacts
were minimizcd once the desired site plan was devclopcd. If applicable, discuss construction
techniques to be followed during construction to reduce impacts,
TIle proposed impact was limited to a total of 0,06 acre, Wetland fill is necessary to prepare the site for
residential constmction. Wetland fill could not be avoided in order to constmct a residential dwelling with required
parking spaces and septic system "ith setbacks. Site plan is designed to minimize wetland fill to stav within the
General Pennit. A small small area of shading wetlands is proposed associated with a portion of the proposed deck
to be elevated on pilings above the wetland substrate, Fill will have an adC(]uate slope to the wetland interface
where silt fence will be placed to prevent intmsion into wetlands not pennitted for fill.

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

Page 5 of8

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse etTects to the aquatic environment arc 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 butTers 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 N0I1h Carolina, available at
IlttlL_Ji2_Q's11L511je, ilL ~~"~11 ~~\,-et I~1l(L')~5!)111 !.!iJidit1L.

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 otTsite), 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 casement, etc,), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Upon npprovnl, the property mmer proposes to purehnse wetland credits from NCEEP as compensntory
mitigation for this proiect. Wetlnnd credits PUTehnse will be a totnl of I/. 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 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 40l/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 IHtlL~Jl~(l-,S:11.l:-,8-;JlCllC\l5:\\Tn!illdc\".hll!1, 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 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 6 of8

LX, Environmental Documentation (D\VQ Only)

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

Yes D

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 (NEP A/SEP A)?
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 D No ~

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 ~

X, Proposed Impacts on Riparian and \Vatershed BulTers (D\VQ 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 tlle accompanying site plan.
All buffers must be sho\\11 on a map, whetller or not impacts arc proposed to the buffers, Correspondence from tlle
DWQ Regional Office may be included as appropriate, Photographs may also be included at the applicant's
discretion.

Will tlle project impact protected riparian buffers identified within 15A NCAC 2B ,0233 (Neusc), 15A NCAC 2B
,0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify NI A )?
Yes 0 No [;8] If you answered "yes", provide tlle following information:

Identify the square feet and acreage of impact to each zone of tlle riparian buffers, !f buffer mitigation is required
calculate tlle required amount of mitigation by applying the buffer multipliers.

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

*

Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extt.'Ilds

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

Page 7 of8

XI. Stormwater (D\VQ Only)

Describe impervious acreage (both eXlstmg 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 conventional septic system is proposed for this lot

XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No [2J

Is this an after-the-fact permit application?
Yes 0 No [2J

XIV, Other Circulllstances (Optional):

It is the applicant's responsibility to submit 11le 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 111at may impose limits on work schedules (c,g" draw-down
schedules for lakes, dates associated with Endangered and llrrcatened Species, accessibility problems, or
other issues outside of the applicant's control).
No constraints are currently associated with this proiect

Q I ("'. f\ ~ \ '-1 - /- t:::;-
,..:7 '.~'\.j Gv\'-'~ ~'V'c. Y)~O-....t"--'" :.~ - ~j-"/
Applicant! Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of8

r

i
i
t.-~..... ....~A :

.
.....,

.

'--r
,
i
J

, /
~ ,
; ;
,
- ,
:
,
Buzzard Bay

1;.::.';/
I ..'1
,'j

27948

: ::~,~

>...~

(,

-,-
)

/t

( 0
';;

I

)
'-:

L

i"
NAGSi'f~jEAD ~
....--- \
l..
;&. .
279!~9' ",

r:.I; ,
.!....,~..".~.... "'.:..-~ ".....:...).,.... 't>>.~.....-,.." #';'_'

'.,1

"

E'

\..

.

F

G

H

J/
/'

,/

I

,,",

---",",--

~

__.l~_._

,!"-

\0,
I)' ....: ~.~.
. ..'.. ,

\

I _ _ I

Mo.nn Point

COLINGTON VICINITY MAP

FEB 1 8 2Gt\~

T'" Q'Ji-,L1n'
OENR" Wi\ O!1c~'~h1t.R IlfWlCh
\':~nNtOs>>:OSi ,\I,,'

EOP -
WA TERSEDGE DRIVE (60' R/W)

EOP

S12'21'20"E - 75.00'

RF

LOr 44
SEe. A

'0
0
0
0
N
':q-
?"-
m
N
w -l
. en
0 L
.q-
Co '0
t<)
r-.. ~
I"-
Z

EOP

KF

- ~7..r;~
.~() ,
c;>~ .~~ -
-Q"" -

EOP

6.0' SWALE

CD

S15'15'20"~ _
60.97' ~F
12'21'20"E
14,27'

Xl

75.00'
--

1
\
\
\
\
\
\
\
\
\
\
\
\

..6 .'.

.
. .

'n' LOT 45
;,~'.
.. (") .
"~.' 25' MBL

3:
.
o
.q-
Co
t<)
r-..
l"-
V)

LOr 4iG
5U e>

o
;;0
~
z
:!J
fT1
r
o

PROPOSED WETLAND
FILL AREA (2,793 SF)

I LEGEND I
I WETLAND FILL AREA I
(2,793 SF) .lIILL
I 0 IRON ROD/PIPE .lIILL 1
8 CONC. MON. .lIILL
I @ PK NAIL I WETLANDS I
I en., UTlL. POLE to 5,583 sq. ft.
N I I
. UTlLS. PED. 0 .lIILL ~
l"-
I 0 WATER METER I .lIILL ~
L 75, N12'21'2 "w
-----

NOTES:

1. AREA - 15000 sq. ft. .344 oeres
AREA CALCULATED BY COORDINATE METHOD
2, SETBACKS />oS PER DARE COUNTY AND MUST
BE VERIFIED. SURVEYOR MAKES NO CERTIFICATION
TO SETBACKS. \
3. RECORDED REFERENCE: MB C PG 182F D.C.R,
4 SURVEY SUBJECT TO AN'( FACTS THAT MAY BE FOUND
DURING A COMPLETE TTTLE SEARCH \
5, PINI: 987308779730
6, fLOOD ZONE FIRM AE (EL9')
PANEL 375348 0114 0
\
\
~

---

NATIONWIDE #18
BRENT & JENNIFER NULTEMEIR
LOT 45, SEe B, WATERSEDGE SUBDIVISION
COUNGTON ATlANTIC TOWNSHIP - DARE COUNlY - NORTH CAROUNA
15' 0' 30' 60' 90'
I' I I I ATLANTIC ENV//?ONIIENTAL CONS{jLTANTS, LLC
GRAPHIC SCALE 1"= 30' p.o. BOX J200, KITTY HAIYK, MC. 27g./g
[phone], e-mgil roXQOm7gn(}gol.com

FILE: 05-013

DATE: 2/17/05

REVISED:

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

tom steffens
r:llhnrlgp.

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Brent Nultemeier

Project Number 05
Recvd From APP
Received Date 2/18/05
Project Type residential

0317

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 130-21-1-1 fSCl 130,155, I 0,061
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 0 Issue/Cond 0 Deny

Provided by Region: Latitude (ddmmss) 350040 Longitude (ddmmss) 754121

Comments:
Issue n/c

cc:

Regional Office
Central Office

Page Number 1

D)-0311

~cQ)~p

.' .

D.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ro. 200510738

County: Darc

USGS Quad: Kitty Hawk

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VEillFICATION

Property Owner / Authorized Agent: Brent Nultemeier
Address: 10987 Elmont Woods Drivc
Glcn Allen. Vir{!inia 23059

Telephone No.: _
Size and location of property (water body, road name/number, town, etc.): Pronerty identificd as Lot 45 in thc
Watcrscd{!c Subdivision contains 0,34 acrcs locatcd on Colin{!ton Island. Kill Devil Hills. Darc County. North
Carolina. PIN # 987308779730,

Description of projects area and activity: Fill 2.793 squarc feet of Section 404 iurisdictional wetlands for residential
develonment.

Applicable Law: l2J 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: 18

Your work is authorized by the above referenced pennit 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
pennittee to a stop work order, a restoration order and/or appropriate legal action.
This verification w.iIl remain 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 verification wiII remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide pennit. If the nationwide pennit authorization expires or is suspended, revoked, or is modified, such that the
. activity would no longer comply with the tenns and conditions of the nationwide pennit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide pennit, wiII remain authorized provided the
activity is completed within twelve months of the date of the nationwide pennit'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 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 40 I 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 in Elizabeth City, NC, at [phone].
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.

Co'1's Regulatm)' Official Iu~ Wv.W, p. W.S .

Date: 04/02/2005

Expiration Date of V erification: 03/18/2007

R r7""1 ....~.I~' rjn 7'-' D
~) l~-~ 10.~.~ '.j \/1 ! ::1 Ii))
;"1.\ . I
,J'..
APR ~J /~.~~

-:,'-) \'
l.\ ~ I I' '

Page 1 of2

','..,] ~;---

April 2, 2005

Regulatory Division

Action ill No, 200510738

Brent Nultemeier
10987 Elmont Woods Drive
Glen Allen, Virginia 23059

Permit Special Conditions

a. The Permittee shall mitigate for 0.06 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 0.12 acre
ofnonriparian wetland restoration mitigation (Cowardin classification type
PFO 1 C) in the Pasquotank River basin (HUC 03010205). Discharge into
wetlands on the permitted project 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, Army Corps of Engineers,
Wilmington District, dated November 4, 1998.

Triage Check List

Date: 2-'22 ~ 0 S

Project Name:

To:

o .ARO
o FRO
o MRO
o RRO

Kevin Barnett
Ken A veritte
Alan Johnson
Mike Horan

From:

Vi vOl,' '" ,{ c.. 13 .::>.j,~
G

N \J.. \ te., (vi ~ \ -{. (" A [ L H 6 j .' 0 I ")

DWQ#: oSo3i7-
County: f)cJU.

. ~WaRO
o WiRO
o WSRO

Tom Steffens and Kyle Bames

Noelle Lutheran

Daryl Lamb

Telephone: (919) f I 5 - 3lf lr;

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

Comments:

. , G v (: -
I ~ .oJ ':>

ci.t{~ it,

"'IV, .t.

" l II ,{J

~~./ ,".,Ii
I- /> v. .-\....t((:>\t(L..V
t 1',,- H V

~ /
V\.Q.i cC L d

I
~/ ~4';

. L
AI)

C\..C

I , y.A i H c, G\...h 2....-1
\j

/A;

11( I) r

16 t\r1--.J~.( .(( \.Lf

/Nt/flip. of ; "\~l.-(t'1 (1/5 .
(
K0 OJ:."' ~ U~. )

/~

. .

i':

'-

<
{.vt,..-Dt( cf'
I

( \ ",' Ii r.
'1. uL't.:.: <,.....

!7 If
~J?P;,j 0\
~

Nc-( LA...

Brent Nultemeier
10987 Elmont Woods Drive
Glen Allen, VA 23059

~&@&nw&@

FEB 1 8 2005
. DENR - ~v.
1'C7l.NIDS NID s~~R QUALITY
MYATER BRA!:CH

I, Brent Nultemeier authorize Atlantic Environmental Consultants, LLC (AEC)
to apply for environmental permits on my behalf for property located in
Colington Harbor, Dare County, North Carolina.

D- ::#: 'l-;J~
- - -~ :/ '
c-/ -- . ./7/~ .-/ _ / r.J1~
AUTHORIZA 110~

c7Z-/ / t!/ / t) 0-
DATE'