20050429 Ver 1_Complete File_20050309

OF WA!F
Nlichael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural RCSOUrccs
April 11, 2005
Mr. Tom Arthur Bramble
P.O. Box 785
Boulder, CO, 80544
Subject Property: Bramble East Property
Albemarle Sound, 30, Class SB
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bramble:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0429
Dare County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.26 acres of wetlands for the purpose of roadway construction associated
with subdivision development at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on March 9, 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) 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 CA11IA 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 (Units) Plan Location or Reference
404/CAMA Wetlands 0.26 (acres) PCN form
401 Oversight/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
One
NortliCarolina
,,11aturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Bramble East
Page 2 of 3
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 order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. 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/newetlands. The text of the sample deed notification may be modified as
appropriate to suit to this project.
Bramble East
Page 3 of 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,
Alan W. Klimek, P.E.
AWKIcbk
Enclosures: GC 3404
Certificate of Completion
cc: Brian Rubino, P.O. Drawer 870, Kitty Hawk, NC, 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 050429BrambleEast(Dare)401
WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE
PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL PERMIT 198200031 (WORK
ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE OR REPAIR CONDUCTED BY NCDOT OR
OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters
and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate
waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A
(B) (14) of the Corps of Engineers regulations (Nationwide Permit No. 14 and Regional General Permit
198200031) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third acre in tidal waters
and less than one-half acre in non-tidal waters. This Certification replaces Water Quality Certification Number
2177 issued on November 5, 1987, Water Quality Certification Number 2666 issued on January 21, 1992, Water
Quality Certification Number 2732 issued on May 1, 1992, Water Quality Certification Number 3103 issued on
February 11, 1997, Water Quality Certification Number 3289 issued on June 1, 2000 and Water Quality
Certification Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed appropriate by the
Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable
portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as
length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall
be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are
used. Stream relocations and stream bed and/or bank hardening are considered to be permanent
stream impacts. Any activity that results in a loss of use of stream functions including but not limited
to filling, relocating, flooding, dredging and complete shading shall be considered stream impacts.
Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless
arches or other spanning structures when a 404 Permit is used anywhere in a project unless the
entire structure (including construction impacts) spans the entire bed and both banks of the stream, is
only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern.
Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but
flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification
of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as
area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all
impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of
use of wetland functions including but not limited to filling, draining, and flooding shall be considered
wetland impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other than streams and
wetlands as determined by the Division of Water Quality shall be measured as area. Permanent
and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed
regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of
aquatic functions including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under this General
Certification requires application to and prior written concurrence from the Division of Water Quality;
WQC #3404
3. Application to and payment of a fee to DWQ is not required for construction of a driveway to a single
family lot as long as the driveway impacts less than 25 feet of stream channel including any in-stream
stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major
river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires
written concurrence for this Certification from DWQ in accordance with 15A NCAC 2B.0200. Activities
listed as "exempt" from these rules do not need to apply for written concurrence under this Certification.
New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional
wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices;
Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and
their associated buffers require written approval from DWQ since such impacts are allowable as provided
in 15A NCAC 2B. 0212 (WS-1), 2B.0213 (WS-11), 213.0214 (WS-III) and 213.0215 (WS-IV). Only water
dependent activities, public projects and structures with diminimus increases in impervious surfaces will be
allowed as outlined in those rules. All other activities require a variance from the delegated local
government and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In' addition, a 30 foot wide vegetative buffer for low density development
or a 100 foot wide vegetative buffer for high density development must be maintained adjacent to all
perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules.
For the purposes of this condition, perennial waters are defined as those shown as perennial waters on
the most recent USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's
discretion on a case by case basis for projects that have or are anticipated to have impervious cover of
greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that
are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters Jr), high quality
waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention
wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest
version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is required.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-case basis by
the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing state
stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long
as the stormwater management plans meet or exceed the design requirements specified in this condition.
This condition applies unless more stringent requirements are in effect from other state water quality
programs.
Unless specified otherwise in the approval letter, the final, written stormwater management plan shall
be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in
this Certification occur.
The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality.
Also, before any permanent building or other structure is occupied at the subject site, the facilities (as
approved by the Wetlands Unit) shall be constructed and operational, and the stormwater
management plan (as approved by the Wetlands Unit) shall be implemented.
WQC #3404
• The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns
must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent
stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-1 and
WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream
impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water
Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one
payment to both agencies shall be submitted through the Division of Coastal Management and will be the
higher of the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150
linear feet or more of streams and/or one acre or more of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer
mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer
impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section
of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and
stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most
current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ
approval as required in those protocols. When compensatory mitigation is required for a project, the
mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification
occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the travelling public.
Projects may also be implemented once payment is made to a private mitigation bank or other in-lieu fee
program, as specified in the written concurrence of 401 Certification for a project. Please note that if a
stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for
Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation
for the impacts resulting from the relocation;
10. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401
application for written DWQ approval. Relocated stream designs should include the same dimensions,
patterns and profiles as the existing channel, to the maximum extent practical. The new channel should
be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized.
Vegetation used for bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of
the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any calculations
used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical
on-site, then stream impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to
DWQ that providing passage would be impractical. Design and placement of culverts including open
bottom or bottomless arch culverts and other structures including temporary erosion control measures
shall not be conducted in a manner that may result in aggradation, degradation or significant changes in
hydrology of wetlands or stream beds 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 to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are
constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must
be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway
that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands;
WQC #3404
12. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the
"North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of
Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to assure compliance with the appropriate turbidity water quality standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be removed and the
original grade restored within two months after the Division of Land Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this Certification in order
to ensure compliance with all applicable water quality and effluent standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the
state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be buildable
without additional fill beyond that explicitly allowed under other General Certifications. For road
construction purposes, this Certification shall only be utilized from natural high ground to natural high
ground;
18. When written concurrence is required, the applicant is required to use the most recent version of the
Certification of Completion form to notify DWQ when all work included in the 401 Certification has been
completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from
the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding
Nationwide Permit 14 or Regional General Permit 198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in
revocation of this Certification for the project and may also result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity that requires written concurrence
under this certification, if it is determined that the project is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality.
Effective date: 28 March 2003
DIVISION OF WATER QUALITY
Signed By
Alan W. Klimek, P.E.
Director
WQC # 3404
Certificate of Completion
DWQ Project No.:
Applicant:
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
hereby state,that, to the best of my abilities, due care and
diligence was used in the observation of the construction such`that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.: Date:
Certificate of Completion
DWQ Project No.:
Applicant:
County:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be. built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Registration No.: Date:
WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE
PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL PERMIT 198200031 (WORK
ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE OR REPAIR CONDUCTED BY NCDOT OR
OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401, Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for the discharge of fill material to waters
and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate
waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A
(B) (14) of the Corps of Engineers regulations (Nationwide Permit No. 14 and Regional General Permit
198200031) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 26 .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third acre in tidal waters
and less than one-half acre in non-tidal waters. This Certification replaces Water Quality Certification Number
2177 issued on November 5, 1987, Water Quality Certification Number 2666 issued on January 21, 1992, Water
Quality Certification Number 2732 issued on May 1, 1992, Water Quality Certification Number 3103 issued on
February 11, 1997, Water Quality Certification Number 3289 issued on June 1, 2000 and Water Quality
Certification Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed appropriate by the
Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate applicable
portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as
length of the centerline of the normal flow channel. Permanent and/or temporary stream impacts shall
be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are
used. Stream relocations and stream bed and/or bank hardening are considered to be permanent
stream impacts. Any activity that results in a loss of use of stream functions including but not limited
to filling, relocating, flooding, dredging and complete shading shall be considered stream impacts.
Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless
arches or other spanning structures when a 404 Permit is used anywhere in a project unless the
entire structure (including construction impacts) spans the entire bed and both banks of the stream, is
only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern.
Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but
flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification
of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements:
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as
area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all
impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of
use of wetland functions including but not limited to filling, draining, and flooding shall be considered
wetland impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other than streams and
wetlands as determined by the Division of Water Quality shall be measured as area. Permanent
and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed
regardless of. which 404 Nationwide Permits are used. Any activity that results in a loss of use of
aquatic functions including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under this General
Certification requires application to and prior written concurrence from the Division of Water Quality;
WQC #3404
3. Application to and payment of a fee to DWQ is not required for construction of a driveway to a single
family lot as long as the driveway impacts less than 25 feet of stream channel including any in-stream
stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or any other major
river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires
written concurrence for this Certification from DWQ in accordance with 15A NCAC 26.0200. Activities
listed as "exempt" from these rules do not need to apply for written concurrence under this Certification.
New development activities located in the protected 50-foot wide riparian areas (whether jurisdictional
wetlands or not) within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water quality to the
maximum extent practicable through the use of best management practices;
Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and
their associated buffers require written approval from DWQ since such impacts are allowable as provided
in 15A NCAC 2B. 0212 (WS-1), 2B.0213 (WS-11), 2B.0214 (WS-III) and 213.0215 (WS-IV). Only water
dependent activities, public projects and structures with diminimus increases in impervious surfaces will be
allowed as outlined in those rules. All other activities require a variance from the delegated local
government and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In' addition, a 30 foot wide vegetative buffer for low density development
or a 100 foot wide vegetative buffer for high density development must be maintained adjacent to all
perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules.
For the purposes of this condition, perennial waters are defined as those shown as perennial waters on
the most recent USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this Certification at DWQ's
discretion on a case by case basis for projects that have or are anticipated to have impervious cover of
greater than 30 percent. Site-specific stormwater management shall be designed to remove 85% TSS
according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that
are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality
waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended detention
wetlands, bio-retention areas, and ponds followed by forested filter strips (designed according to latest
version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is required.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-case basis by
the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other existing state
stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long
as the stormwater management plans meet or exceed the design requirements specified in this condition.
This condition applies unless more stringent requirements are in effect from other state water quality
programs.
Unless specified otherwise in the approval letter, the final, written stormwater management plan shall
be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in
this Certification occur.
The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly
approved by the Division of Water Quality.
Also, before any permanent building or other structure is occupied at the subject site, the facilities (as
approved by the Wetlands Unit) shall be constructed and operational, and the stormwater
management plan (as approved by the Wetlands Unit) shall be implemented.
WQC #3404
• The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns
must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent
stream impacts that require application to DWQ in watersheds classified as ORW, HQW, Tr, WS-I and
WS-II unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream
impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any application for a 401 Water
Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one
payment to both agencies shall be submitted through the Division of Coastal Management and will be the
higher of the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for impacts to 150
linear feet or more of streams and/or one acre or more of wetlands. For linear public transportation
projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer
mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer
impacts resulting from activities classified as "allowable with mitigation" within the "Table of Uses" section
of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and
stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most
current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ
approval as required in those protocols. When compensatory mitigation is required for a project, the
mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification
occur, unless otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case of public road
projects, the mitigation plan must be implemented before the road is opened to the travelling public.
Projects may also be implemented once payment is made to a private mitigation bank or other in-lieu fee
program, as specified in the written concurrence of 401 Certification for a project. Please note that if a
stream relocation is conducted as a stream restoration as defined in The Internal Technical Guide for
Stream Work in North Carolina , April 2001, the restored length can be used as compensatory mitigation
for the impacts resulting from the relocation;
10. For any project involving re-alignment of streams, a stream relocation plan must be included with the 401
application for written DWQ approval. Relocated stream designs should include the same dimensions,
patterns and profiles as the existing channel, to the maximum extent practical. The new channel should
be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized.
Vegetation used for bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of
the relocated channel to the maximum extent practical. A transitional phase incorporating coir fiber and
seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain the
physical integrity of the stream, but the applicant must provide written justification and any calculations
used to determine the extent of rip-rap coverage requested. If suitable stream mitigation is not practical
on-site, then stream impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed to allow low flow passage of water and aquatic life unless it can be shown to
DWQ that providing passage would be impractical. Design and placement of culverts including open
bottom or bottomless arch culverts and other structures including temporary erosion control measures
shall not be conducted in a manner that may result in aggradation, degradation or significant changes in
hydrology of wetlands or stream beds 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 to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are
constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must
be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway
that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands;
WQC #3404
12. That appropriate sediment and erosion control practices which equal or exceed those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" or the
"North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of
Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to assure compliance with the appropriate turbidity water quality standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be removed and the
original grade restored within two months after the Division of Land Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this Certification in order
to ensure compliance with all applicable water quality and effluent standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the
state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of No Significant
Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be buildable
without: additional fill beyond that explicitly allowed under other General Certifications. For road
construction purposes, this Certification shall only be utilized from natural high ground to natural high
ground;
18. When written concurrence is required, the applicant is required to use the most recent version of the
Certification of Completion form to notify DWQ when all work included in the 401 Certification has been
completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from
the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding
Nationwide Permit 14 or Regional General Permit 198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in
revocation of this Certification for the project and may also result in criminal and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for Individual Certification for any project in this category of activity that requires written concurrence
under this certification, if it is determined that the project is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of.the North Carolina Division of Water Quality.
Effective date: 28 March 2003
DIVISION OF WATER QUALITY
Signed By
Alan W. Klimek, P.E.
Director
WQC # 3404
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200510743 County: Dare
USGS Quad: Kitty Hawk
0,4
7Z=b
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Tom Arthur Bramble
Address: Post Office Box 785
Boulder, CO 80544
Telephone No.: 303-772-4200
Size and location of property (water body, road name/number, town, etc.): Property contains 5.64 acres located on
Colington Island, off of Williams Road behind Libertv Christian Fellowship Church, west of Kill Devil Hills, Dare
Countv, North Carolina. Propertv is adlacent to Albemarle Sound. PIN # 987310353952.
Description of projects area and activity: Fill 0.26 acres of Section 404 jurisdictional wetlands for road construction.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
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 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 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) or are under contract to continence 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 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 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.
, as, Date: 04/19/2005
Corps Regulatory Official
&?L -
Expiration Date of Verification: 03/18/2007
APR 2 2 2005
DENR - WATER QUALITY
11'EWDS AND STORMWATER BRANCH
Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands witlun the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit 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 determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 6/28/2004. Action ID 200411526
Basis of Jurisdictional Determination: Area
Manual. and is adiacent to the Albemarle
Corps Regulatory Official:
Date 04/19/2005

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Quible & Associates, P.C.
NC Division of Water Quality
Page 2 of 2
April 19, 2005
Regulatory Division
Action ID No. 200510743
Tom Arthur Bramble
Post Office Box 785
Boulder, CO 80544
Permit Special Conditions
Your work is authorized by Nationwide Permit 14 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. The proposed preservation of 59,790 square feet (1.4 acres) does not meet
the standard mitigation ratio of 10:1 for preservation.
c. No construction within waters of the United States, including wetlands, shall be
commenced prior to the submission of a final mitigation plan by the Permittee, and
approval of that plan by the Wilmington District's Regulatory Division. The final plan
should be submitted to Mr. William Wescott, Washington Regulatory Field Office, Post
Office Box 1000, Washington, North Carolina 27889-1000.
If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Wescott, Washington Regulatory Field Office, telephone [phone],
extension 25.
Action ID Number:200510743 County:Dare
Permittee: Tom Arthur Bramble
Date Permit Issued: 4/19/2005
Project Manager: William Wescott
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
WILMINGTON DISTRICT
WASHINGTONREGULATORY FIELD OFFICE
Post Office Box 1000
Washington, 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
CESAW-RG-W DATE: 04/19/2005
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.
1. Action ID. 200510743
2. Project Name and Location: Toni Arthur Bramble, Bramble cast
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? NO
If NO, Explain: Allowinll wetlands to be impacted by the road will 11reatly reduce future impacts due to
residential development.
b. Is compensatory mitigation necessary? YES
Explain: Conservation casement preserving wetlands at a 10:1 ratio.
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. 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: ?v" ?'
NOTIFICATION OF ADMINISTRATIVE APPI3AL OPTIONS AND PROCESS 11N1)
REQt1EST FOR APPEAL,
Applicant: Tom Arthur Bramble File Number: 200510743 Date: 4/19/2005
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 I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at littp://www.tis ice.,ii-mY.n iil/itict/functions/ew/ceewo/rcor
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 written. After evaluating your objections, 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 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.
• APPEAL: If you choose to decline the proffered permit (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 of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 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.
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 JD.
• 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 form 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 (which may be appealed), by contacting the Corps district for further instruction. 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 of the 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 INFORMATION:
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 Anny 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 Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the 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
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200510744 County: Dare USGS Quad: Kitty Hawk
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Tom Arthur Bramble
Address: Post Office Box 785
Boulder, CO 80544
Telephone No.: 303-772-4200
Size and location of property (water body, road name/number, town, etc.): A 39.37 acre tract located on the south side
of Colin2ton Island, next to Colin2ton Harbor Subdivision and adjacent to the Albemarle Sound, Dare County,
North Carolina. PIN # 987309068980.
Description of projects area and activity: Fill 0.31 acres of Section 404 jurisdictional wetlands for road construction.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
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 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 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) or 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 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 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.
Corps Regulatory Official V V i b05, Date: 04/19/2005
Expiration Date of Verification: 03/18/2007
APR 2 2 2005
DENR - WATER QUALITY
1VETLAN S AND STORE TER BRANCH
Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the pen-nit 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 determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 2/28/2005. Action ID 200510581
Basis of Jurisdictional Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation
Manual. and is adiacent to the Albemarle Sound.
Corps Regulatory Official:
Date 04/19/2005
A61-
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Quible & Associates, P.C.
NC Division of Water Quality
Page 2 of 2
April 19, 2005
Regulatory Division
Action ID No. 200510744
Tom Arthur Bramble
Post Office Box 785
Boulder, CO 80544
Permit Special Conditions
Your work is authorized by Nationwide Permit 14 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. The Permittee shall preserve and maintain 165,026 square feet (3.8 acres) of
DA jurisdictional wetlands identified on the applicant's property plat. The
Permittee is prohibited from performing any of the following activities within the
conservation area: Filling; grading; excavating; earth movement of any kind;
construction of roads, buildings, signs, or any other structure; any activity that
may alter the drainage patterns on the property; the destruction, mowing, or other
alteration of vegetation on the property; disposal or storage of any garbage, trash,
or other waste material; or any other activity which would result in the wetlands
being adversely impacted or destroyed. Conservation area boundary shall be
clearly marked to prevent fixture inadvertent impacts.
c. Prior to beginning work authorized by this permit, the Permittee shall
execute and cause to be recorded a conservation easement prohibiting those
activities listed in condition b. above. The holder of this easement shall be
approved by the Corps of Engineers prior to recordation of the easement. The
Permittee shall provide the Corps of Engineers, a copy of the recorded easement
within 60 days of the recordation of the easement. The Permittee shall take no
action inconsistent with the terms and purpose of the conservation easement on
the property described therein.
d. Condition c. above runs with the land. The Permittee shall not sell, lease, or
otherwise convey any interest in the property without first providing sixty (60) days
written notice to the Corps of Engineers of the proposed conveyance. The instrument
effecting such conveyance shall include legally binding restrictions on the use of the
2
mitigation property as described in condition b. above, to be enforceable by the Permittee
as well as the U.S. Army Corps of Engineers, Wilmington District. The instrument
establishing such restrictions shall be subject to the approval of the Corps of Engineers.
The Permittee shall enforce the terms of the required restrictions.
e. Excavated or fill material shall not be placed in any location or in any manner so as
to impair surface water flow into or out of any wetland area.
If you have not already done so, you should contact Mr. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Wescott, Washington Regulatory Field Office, telephone [phone],
extension 25.
Action ID Number:200510744 County:Dare
Permittee: Tom Arthur Bramble
Date Permit Issued: 4/19/2005
Project Manager: William Wescott
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
WILMINGTON DISTRICT
WASHINGTONREGULATORY FIELD OFFICE
Post Office Box 1000
Washington, 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
CESAW-RG-W
MEMORANDUM FOR RECORD
DATE: 04/19/2005
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.
1. Action ID. 200510744
2. Project Name and Location: Toni Arthur Bramble, Bramble west
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? YES
Explain: Conservation Easement preserving wetlands at a 10:1 ratio.
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. 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. 6 "o i \
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST 1,OR APPEAL
Applicant: Tom Arthur Bramble File Number: 200510744 Date: 4/19/2005
Attached is:Nationwide Pen-nit 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
ZZ=
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at llttlr.//www.us ice.armymil/irret/ftinctiotis/ew/cecwo/res; or
Corps regulations at 33 CFR Part 33 L
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 written. After evaluating your objections, 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 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.
• APPEAL: If you choose to decline the proffered permit (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 of a 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.
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 JD.
• 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 form 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 (which may be appealed), by contacting the Corps district for further instruction. 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 of the 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 INF ORMATION:
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 Engineers personnel, and any
govermnent consultants, to conduct investigations of the project site during the course of the 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
04-13-2005 07:26am From-QUIBLEBASSM ATES
2522611260 T-951 P.CO1/003 F-ZT5
QUISLE &
ASSOCIATES, P.C. GA
Enp-ineerina - Planning Environmental Sciences - Surveying
04-13-2005 07:2Tam From-QUIBLEOSSOCIATES 2522611260 T-951 P 003/003 F-2T5
FROM : 0 PHONE NO. : -10:;7729711 A r. 12 2005 08 s P1
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Nation # 14 Permittin8. 401 Water Quality CerrWeaiion and C.c°ib4A P=miT6II'7•
includiul;
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APR-13-c^005 WED 06:56 TEL:[phone] NAHE:DWQ-WETLANDS P!. 3
> DXUMichael F. Easley, Governor
O?O? W AT S9QG

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 11, 2005
Mr. Tom Arthur Bramble
P.O. Box 785
Boulder, CO, 80544
Subject Property: Bramble East Property
Albemarle Sound, 30, Class SB
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bramble:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0429
Dare County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.26 acres of wetlands for the purpose of roadway construction associated
with subdivision development at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on March 9, 2005.,,.* 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) 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 Units Plan Location or Reference
404/CAMA Wetlands 0.26 (acres) PCN form
401 Oversight/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.sta!e.nc.us/ncvvetiands
NhCarolina
oy t
?alirra!!?
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Bramble East
Page 3 of 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,
?r4 IrL4
Alan W. Klimek, P.E.
AWK/cbk
Enclosures: GC 3404
Certificate of Completion
cc: Brian Rubino, P.O. Drawer 870, Kitty Hawk, NC, 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Filename: 050429BrambleEast(Dare)401
Quible
644?9
Quible & Associates, RC.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
_ U
February 25, 2005
Mr. John R. Dorney
Water Quality Certification Program
NC Division of Water Quality n
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Bramble East Property
Nationwide #14/ 401 Water Quality Cert. Permit Application Package
Dear Mr. Dorney:
P.O. Drawer 870
r!? Kitty Hawk NC 27949
C U Phone: [phone]
Fax: [phone]
PRINCIPALS
y Sean C. Boyle, P.E.
O
?
i
? oseph S. Lassiter, C.E.P.
7
?'}1 rdo J. Valdivieso, P.E.

ASSOCIATES
h J. Anlauf, P.E.
Ka th;archello, P.L.S.
David S. Neff
4

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 T.A.
Bramble. The site plan accurately shows the confirmed wetlands line as well as the proposed wetlands fill locations
necessary for road construction.
Proposed work includes backfill and grading of approximately 0.26 acres (11,373 SF) of section 404 wetlands as
shown on the accompanying site plan. This backfill is necessary to provide a roadway access to the proposed lots.
The cul-de-sac as shown is required by local planning regulations and it meets NCDOT dimensional requirements.
The position of the cul-de-sac will allow enough buildable area on the four lots without any additional wetlands fill.
Positioning of the cul-de-sac further south would not allow lot development due to wetland setbacks and the lack of
area. This property is adjacent to, but has separate ownership and will be developed separately from the adjacent
Carlyle on the Sound Property. It is not located immediately adjacent to the Bramble West tract that has a current
wetlands fill application submitted.
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
• Signed copies of the Pre-Construction Application
• USGS topographic location map
• Photocopies of the $200 processing fee check to NCDENR and original check
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.
A
Brian Rubino•
cc: William Wescott, USACE
Office Use Only: Form Version October 2001
0001-129
USACI', Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit SAG ???.
? 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 (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Tom Arthur Bramble
PO Box 785
Boulder, CO 80544
Telephone Number: [phone] Fax Number:
E-mail Address:
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: Bramble East Property
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):987310353952
4. Location
County: Dare Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number): Bramble East
Directions to site (include road numbers, landmarks, etc.): US 158 to Colington Road (SR
1217); travel -3.5 mile and take a left on Williams Drive; follow -0.7 miles to Liberty
Christian Church; access to the subject property is behind the church parking lot
5. Site coordinates, if available (UTM or Lat/Long):36°00'9"N, 75°42'37"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 subject property contains wooded non-wetlands and wetlands, the land is currently
undeveloped; topography is variable
7. Property size (acres): 5.64 acres
8. Nearest body of water (stream/river/sound/oceaii/lake):
Albemarle Sound
9. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: To provide a cul-de-sac at the end of a
residential roadway to be constructed to serve four proposed lots. The cul-de-sac as shown is
required by local planning regulations and it meets NCDOT dimensional requirements. The
position of the cul-de-sac will allow enough buildable area on the four lots without any
additional wetlands fill.
11. List the type of equipment to be used to construct the project:
Backhoe, dump truck and other grading 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.
N/A
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 additional anticipated wetland fill permits. Other future permit requests will
include NCDENR DWO Stormwater Management Permitting NCDENR DCM CAMA
Pemitting, NCDENR DLQ Soil Erosion and Sedimentation Control Permitting Dare County
Health Department Septic Permits and Dare County Building Permits.
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
Page 7 of 12
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
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (es/no) (linear feet)
Area 1 Fill, Grading 0.26 yes 350 if Section 404, wooded
* 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.fenri.!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: 0.23 ac.
Total area of wetland impact proposed: 0.26 ac. (11,373 sq.ft.)
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 )

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.map(iuc,,t.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. N/A
Open, Water Impact Area of Name
Wat Type of Waterbody
Site Number Type of Impact* Impact )
(?f applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)
Page 8 of 12
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation 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.
The proposed lot configuration allows each lot to be built upon without having to apply for any
additional wetland fill permits. This takes into account required property line building setbacks
as well as setbacks from wetlands. The proposed access roads utilize existing topography and
existing dirt roadways, but NCDOT requirements for road improvement require the dimensions
depicted on the site plan.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
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
Page 9 of 12
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
httI21/h2o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Proposed mitigation includes a conservation easement within existing Section 404 wetlands
on the subject property at a ratio of 5.4 (1.4 ac. conservation easement). If necessary, the
applicants would consider contribution to the NC Ecosystem Enhancement program (EEP).
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.tis/wrp/index.htni. 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):
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
Page 10 of 12
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 )?
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
Gone t extends out JU feet perpendicular from near bank of channel; 'Lone 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.
XI. Stormwater (DWQ Only)
Page I 1 of 12
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.
There is no existing impervious coverage. The road construction will require 7,219 sq.ft of
impervious coverage. A site-specific Stormwater Management Plan will be submitted
separately.
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.
On-site septic treatment systems to be permitted and constructed.
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).
?? Z(zi(as
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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Rec PIN PARCEL ADDRESS OWNERI OWNER2 SUBDIVISIO
1 1 987310353952 018766000 0 WILLIAMS DR BRAMBLE, ARTHUR TOM BRAMBLE, BARBARA JANET SUBDIVISION - NONE
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i
Triage Check List
Date:
Project Name:

To: ? ARO Kevin Barnett
? FRO Ken Averitte
? MRO Alan Johnson
? RRO Mike Horan
From. r

Telephone : (919) ? ? ?) %44
The file attached is being forwarded to Your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, kandleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern
Comments: _1 QJY 1 1 S &e_ ?
a
DWQ#:
County: IcJ-
AfWaRO Tom Steffens and Kyle Barnes
? WiRO Noelle Lutheran
? WSRO Daryl Lamb

MEMORANDUM
TO: John Dorney Regional Contact: torn steffens
Non-Discharge Branch WQ Supervisor: al hndge
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Bramble East
Project Number 05 0429
Recvd From APP
Received Date 3/9/05
Project Type Cul de sac
County Dare
County2
Region Washington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 OTH O Y O N 30 SB 30,154. 0.26 F-
F__OY ON F_ F_ F-F_ F__ F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? O Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 360009 Longitude (ddmmss) 754237
Comments:
Issue n/c - --
Recvd By Region
cc: Regional Office
Central Office Page Number 1