20050506 Ver 1_Complete File_20050323

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Derek Ellington
7791 Crabtree Valley Court
Greensboro, NC 27455
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 7, 2005
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-0506
Dare County
Subject Property: 41384 Portside Drive, Lot# 18, Phase 18, Kinnakeet Shores Resort, Avon, NC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ellington:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.07 acres of wetlands for the purpose of residential construction at the subject
property, as described within your application dated March 17, 2005 and received by the N.C. Division of
Water Quality (DWQ) on March 23, 2005. After reviewing your application, we have decided that. the
impacts are covered by General Water Quality Certification N4mber(s) 3402 (GC3402). The
Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US Army Corps of
Engineers (USAGE). 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, and Non-discharge 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
NQAC 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/LAMA Wetlands 0.07 (acres)
Waters (acres)
401 Oversigh**press Review Pem?ls Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.ne.us/nmetlands
1VM0 Carolina
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Derek Ellington
Page 2 of 3
April 7, 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.
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. Stormwater
Stormwater from the lot shall be directed to flow at non-erosive velocities into the remaining
wetlands on -site.
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.
Derek Ellington
Page 3 of 3
April 7, 2005
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 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.

AWKlcbk/bs
Enclosures: GC 3402
Certificate of Completion
cc: Roxanne Dorman, Atlantic Environmental
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Sincerely,
Alan W. (Klimek, P.E.
dIly, Filename: 05-0506 Derek Ellington (Dare) 401

LANTI? ENUIRONMENTAL CONSULT FAX NO. :2 22612565
FROM;
Is
;AT
FILE COPY
Derek Ellington
7791 Crabtree Valley Court
Greensboro, NC 27455
Feb. 22 2005 11:22PM P2
PA",!,";1E-NT
RECEIVED
060,60 6
I,; Derek Ellington authorize Atlantic Environmental Consultants, LLC (AEC) to
apply for enviroi-driental pew on my ff-for Kinnakeet Shores Resort, Avon, Dare County, North Carolina.
? iLITHO TION DA
401 ISSUED
FEB 22 X905 IL'27
MAR ?
2 3 2005
DENR - WATER QUALITY
WE AND STORMWA*R NWCH
2522612965
PAGE. 02
PAY 1, E,1 g
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C
USACE Action ID No. DWQ No. D 5 U 5 O 6
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing p[9 tki:0?1 [2 a V 19 P
1. Check all of the approval(s) requested for this project. MAR 2 3 2005
® Section 404 Permit
? Section 10 Permit DENR - WATER QUAD T Y
® 401 Water Quality Certification WETWM AND sTOW&TER BRANCH
? Riparian or Watershed Buffer Rules
2. 141ationwide, Regional or General Permit Number(s) Requested: Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not required, check here: ? N/A
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
H. Applicant Information
1. Owner/Applicant Information
Name: Derek Ellington
Mailing Address: 7791 Crabtree Valley Court
Greensboro NC 27455
Telephone Number: see agent info. Fax Number: see agent info.
E-mail Address: see agent info.
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if,the Agent has signatory authority for the owner/applicant.)
Name: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants. LLC
Mailing Address: P.O. Box 32166
Kjay Hawk NC 27949
Telephone Number: 252-261-7707 Fax Number: 252-261-2965
E-mail Address: RoxDorinan@,aol.com
Page 1 of 8
IL 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: Ellington AEC#04-094
2.' T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): #053916937422
4. Location
County: Dare County Nearest Town: Avon
Subdivision name (include phase/lot number): Lot 18, Phase 18, Kinnakeet Shores
Directions to site (include road numbers, landmarks, etc. (Physical address 41384 Portside
Drive) Heading south on Hwy 12, south of Oregon Inlet turn right at first entrance to
Kinnakeet Shores on Kinnakeet Blvd take third left onto Portside Drive, Lot 1818 on right
on Pamlico Sound (sign on lot (lot 18)).
5.'; Site coordinates, if available (UTM or Lat/Long): 3533.47 N 7551.06 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:
Lot is currently undeveloped, no structures currently exist on this lot.
7. Property size (acres): 0.87 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound
9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hgr):i%h2o.enr.state.nc.us/adminimaps/.)
Page 2 of 8
1 9. Describe the purpose of the proposed work: landowner proposes fill "404" non-riparian
wetlands to construct a landscape wall with associated backfill and prepare the site for
residential construction.
11. List the type of equipment to be used to construct the project: Dump truck, frontend
loader, hydraulic pub and hand tools
12. Describe the land use in the vicinity of this project: undeveloped/residential
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the, USACE Action ID Number, DWQ Project Number, application date, and date permits and
corrtifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdiction determination has been made and a wetland plat has been sigred by Tom Walker.
USACE (4-27-01) No previous permits have been obtained or requested for this lot.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this project..
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Page 3 of 8
Wetland Impact
Site Number
(indicate on nnt)
Type of Impact* Area of
Impact
(acres) Located xvithin
100-year Floodplaui**
(des/no) Distance to
Nearest Stream
(linear feet)
T,'Pe of Wetland***
N/A N/A N/A. N/A N/A N/A

List each impact separately and identiAr temporary impacts. Impacts include. but are not limited to: mechanized cleanna. grading.1111.
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 athttovrx-m, .fenaa.apt.
*** List a wetland type that best describes tyetland to be impacted (e.g-. freshwater/saltAvater marsh, forested -,yetland. beaver pond.
Carolina Bay, bob. etc.)
i
List the total acreage (estimated) of existing wetlands on the property: 0.63 ac.
Total area of wetland impact proposed: .07 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate n ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perelmial or
Intermittent?
(please sify)
j N/A N/A NIA N/A N/A N/A

x [List each impact separately and identi& temporary impacts. Impacts include. but are not limited to: culverts and associated np-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 icall. rip-rap. crib wall. gabions. etc.)- excavation. ditching0straightenin& etc. If stream relocation is
proposed. plans and profiles shoving the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USES topographic maps. If a stream has no name. list as ITT (unnamed tributan-) to the nearest
downstream named stream into which it flows. USGS maps are available through the USCTS at 1-800-358-9616. or online at
-kvvz--x.nsgs.aoy. Several internet sites also alloy direct download and printing of USGS maps (e.g.. tvwv'.tc:oozolne.com.
Nvwxl..mapques?.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts
Page 4 of 8
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NIA N/A NIA N/A N/A

* 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. N/A
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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
driveway and pKking requirements building setbacks. Fill will be placed on high and
coastal wetland line Silt fence will be placed at the fill limits and wetland interface to prevent
intrusion of fill material into wetlands not permitted for fill.
Page 5 of 8
!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, 20W, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in' DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htt :-?i'h2o.enr. fate.nc_tis'iic,?N•etlanda.str,ti,ide.litml.
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.
Mitigation proposed for this site will be the purchase of wetland credits from N.C. Ecosystem Enbancement
Program (NCEEP) in the amount of 'A arce. Application and site plan will be submitted to NCEEP for their
approval.
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: ithzo.ezu.state.nc.us!ii-m. ijidex.1iuii. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Page 6 of 8
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): NIA
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local
buffers associated with the project. The applicant must also provide justification for these impacts in Section VII
above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan.
All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the
DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's
discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B
.0259 (Tar Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/A V
Yes ? No ® If you answered "yes", provide the following information:
Idea* 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 N/A 3 N/A
2 NIA 1.5 N/A
Total N/A N/A
' Zone l extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration I Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B.0242 or.0260.
No buffer mitigation required for this project since disturbancelfill is not within the buffer.
XL Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious areas do not exist at this site. The proposed impervious areas will be
limited to the house footprint, driveway and parking. Impervious area will not exceed 30% lot
coverage
XIL 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.
This lot is provided with central sewage system within Kinnakeet Shores
XM. 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).
No constraints are cnr wdy associated with this proiect

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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