20050642 Ver 1_Complete File_20050415

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MAY 3 0 2006

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PROGRAM

DENR . WATER QUALITY
WETWIDS AND STORl.fti'ATER BRANCH

RECEIPT

Curry Krider
Arlington Partners, LLC
220 Krider Drive
Salisbury. NC 28144

May 25, 2006
DWQ#: 04-0642
COE#: 200430814

Project: Arlington Place Development

County: Rowan

The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $24.552.00, check
number 8531, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.

The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.

Wetlands (credits) Stream (credits)
River Basin Cataloging Buffer
Unit Riparian Non- Coastal Cold Cool Warm (sq. ft.)
Riparian Marsh
Yadkin 0 1.0 0 0 0 0 0 0
03040103

Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.

If you have any questions or need additional information, please contact Chris Mankoff at [phone].

~ .g.~I/
(Jiam: ~~ore, PE

Director

cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, US ACE - Wilmington
Noelle Lutheran, DWQ Regional Office - Wilmington
File .

RMtorUtj... E~... ProtectUtj Our Stat~

AVA
NCDOO

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919.715.0476 / W\'wW.nceep.net

t)> - o toll- 2
u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. 200510776

County: Dare

USGS Quad: Kitty Hawk

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GENERAL PERMIT (REGIONAL AND NATION'VIDE) VERIFICATION

Property Owner / Authorized Agent: Wood cat, LLC
Address: Aft": David Peres
Post Office Box 1532
Kill Devil Hills, North Carolina 27948

Telephonc No.: 252-207-7990
Size and location of property (water body, road namc/number, town, etc.): A 1.34 acre tract adiacent to an unnamed
trihutary which flows to Kitty Hawk Bay, located cast of US 158 Hi!!hway, in Kill Devil Hills, Dare County, North
Carolina. PIN # 988312964721.

Description of projects arca and activity: Fill 0.085 acre (3,694 square feet) of Section 404 wetland for commercial
development.

Applicable Law: ~ Section 404 (Clean Water Act, 33 USC 1344)
D Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Nwnber: _
Nationwide Permit Nwnber: ~

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 wiII 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 wiII 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 (Le., are
under construction) or are under contract to commence in reliance upon the nationwide permit, wiII 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 begipning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-390 I.
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 extension 25.

Corps Rcgulatory Official

/)S~ w~e.WS.

,

Datc: 06/03/2005

Expiration Date of Verification: 03/18/2007

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Page 1 of2

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.'...; ,.; Determination of Jurisdiction:
l~f'"'':,''' \','. .::.~:-;/
ITl';Ba~~d,i;m preliminary information, there appear to be waters ofthe US including wetlands within the above described project area.
'.:':::::: \. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
'CReference 33 CFR Part 331).

D 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 ofthe 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 ofthis
notification.

D There are waters ofthe US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CW A)(33 USC S 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 4/712005. Action lD 200510776

Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and is adiacent to a ditch system that connects to Kitty Hawk Bay.

Corps Regulatory Official: ~lJ JU,:' lU0L:W ( ~ . W. S .

Date 06/0312005

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
A ITACHED TO THE FILE COpy OF THIS FORM, IF REQUIRED OR AVAILABLE.

Copy Furnished:
Environmental Professionals, Inc.
North Carolina Division of Water Quality
North Carolina Ecosystem Enhancement Program

Page 2 of2

June 3, 2005

Regulatory Division

Action ill No. 200510776

W oodcat, LLC
Attn: David Peres
Post Office Box 1532
Kill Devil Hills, North Carolina 27948

Permit Special Conditions

Your work is authorized by Nationwide Permit 18 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:

a. All work authorized by this pemlit must be performed in strict compliance with the
submitted plans, which are a part ofthis permit.

b. The Pemlittee shall mitigate for 0.085 acre of wetlands associated with this project by
payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in an amount
determined by the NCEEP sufficient to perfoml 0.17 acre of nonriparian wetland
restoration mitigation (Cowardin classification type PSS 1A) in the Pasquotank River
basin (HUC 03010205). Discharge into wetlands on the permitted proiect shall begin
only after the Pemlittee has made full payment to the NCEEP, and the NCEEP has made
written confirmation to the District Engineer, that it has received payment and agrees to
accept responsibility for the mitigation work required, pursuant to Paragraph IV.D. ofthe
Memorandum of Understanding between the North Carolina Department of Environment
and Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated
November 4, 1998.

Action ID Number:200510776

County:Dare

Permittee: \Voodcat, LLC attn: David Peres

Date Permit Issued: 6/3/2005

l'roject Manager: William \Vescott

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

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

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

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

Signature of Permittee

Date

CESAW-RG-W

DATE: 06/03/2005

MEMORANDUM FOR RECORD

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

1. Action ill. 200510776

2. Project Name and Location: David Peres-Kill Devil Hills

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: in-lieu pavment to NCEEP at a 2:1 restoration ratio for 0.085 acre of non riparian wetland impact

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:

WJR~ (;Je~ f. tv.S.

,

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Woodcat, LLC I File Number: 200510776 Date: 6/3/2005
Attached is:Nationwide Permit See Section below
INITIAL PROFFERED PERMIT (Standard Pemlit 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 http://www.usacc.annv.millinet/functions/cw/cccwo/rcg or
Corps rCl.!.ulations 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 fmal
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance ofthe 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 pernlit 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 tl1e pennit document and return it to tl1e district engineer for [mal
autllOrization. If you received a Letter of Permission (LOP), you may accept tllC LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept tllC 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. TI1is form must be received by the division engineer
within 60 days of the date ofthis 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
tllis 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 ill, you may appeal the approved JD under tl1e 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.

" I. .

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 Il- 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 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
government consultants, to conduct investigations of the project site during the course ofthe appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.

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

PLEASE COMPLETE THE FOLLOWING QUESTIONS BY GIVII'IG US
ANY CO:\Il\lENTS OR SUGGESTIONS FOR HOW WE CAN IMPROVE.

Plrase indicate the nature of your husiness (if applicahle. check more than one):

_ Property Developer
_ Public Agency Applicant
_ Civic or Trade Organization
_ Member of Legislature
FcderallState/Local Official
_ Conservation Organization
_ Other (describe):

Flood/Water Control District
Consultant
_ Famling/Ranching
_ Public Agency
_ PcrsonallPrivate Project
_ Adjacent Property Owner

Sand & Gravel
Law Office
Silviculture
_ Mining
Mcdia
Native American

What service(s) did you seek from the Corns? (J( anplicahle. check more than one):

General Information
_ Pre-application Consultation
Nationwide General Permit
_ Regional or Programmatic General Permit
Standard Individual Pcrmit
Letter of Pemlission

JurisdictionallW ctland Determination
_ Resolution of ViolationINon-compliance
_ Regulatory Program Presentation
_ Commented on Public Notice/Permit Application
_ Othcr (describe):

Which Regulatory office (Division. Asheville, Raleigh, Washington, Wilmington) did you deal with?

Name of person you contacted in our office (optional):

Do you have any comments or suggestions on the Regulatory Program?

Information about you (optional):

Name/Title:

Address:

Telephone (include area code):

May we contact you?

Yes

No

PRIVACY ACT STATEMENT
Authorities: The Government Performance and Results Act of 1993 and Executive Order (EO) 12862, "Setting Customer
Service Standards", dated September 11, 1993. Purpose: To determine the quality of service our customers expect, as well as
their satisfaction with USACE's existing services. Information provided on this form will be used in evaluating the performance
of the Corps Regulatory Program. Routine Uses: This information may be shared with the Office of Management and Budget,
members of Congress, and other Federal, state, and local government agencies.

PLEASE MAIL COMPLETED FORM TO: USAED, WILMINGTON, REGULATORY DIVISION, ATTN: LISA MORRIS,
POST OFFICE BOX 1890, WILMINGTON, NC 28402-1890.

(Reverse of SAW Form 673)

The Public reporting burden for this collection of information is estimated to average 15 minutes per response, including
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to U.S. Army Engineer District, Wilmington, ATTN:
Sheila Jack, Forms Information Management Officer, Post Office Box 1890, Wilmington, NC 28402-1890. Respondents
should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to
comply with a collection of information if it does not display a currently valid SAW control number. PLEASE DO NOT
RETURN YOUR APPLICATION TO THE ABOVE ADDRESS. RETURN COMPLETED APPLICATION TO THE ADDRESS
SHOWN ON THE APPLICATION INSTRUCTION SHEET.
U.S. ARMY ENGINEER DISTRICT, WILMINGTON
CUSTOMER SERVICE SURVEY - REGULATORY PROGRAM
We at the U.S. Army Engineer District, Wilmington, Regulatory Division are committed to improving service to our
customers and would like to know how well we have been doing. Who are our customers? You are our customers if you
submitted a permit application, requested a jurisdictional determination or wetland delineation, or scheduled a pre-
application meeting with us. Other customers include those of you who receive our Public Notice and/or commented on a
particular project or our work in general, because of your interest in the Regulatory Program. To identify how we can better
serve you, we need your help. Please take the time to fill out this brief survey and mail it back to us. Your honest opinions
will help us determine areas in which we need to improve. For each question, please indicate the level of service you
received by marking the appropriate number on a scale from 1-5, with 1 being low (dissatisfied) and 5 being high (very
satisfied). If the question does not apply to you, simply mark N/A. Thank you for your time and comments! Response to
this survey is VOLUNTARY. If you choose not to respond, it will not affect any current or future dealings you may have with
the USAED, Wilmington in any way.
I. FOR APPLICANTS & OTHERS REQUIRING AUTHORIZATIONS LOW HIGH
SA TlSFACTlON SA TlSFACTlON
1. Do you think you received your Corps permit decision in a
reasonable amount of time? 1 2 3 4 5 NA
2. Do you think you received your Corps jurisdictional determination
in a reasonable amount of time? 1 2 3 4 5 NA
3. If we recommended/required project changes/modifications to
reduce impacts, did we clearly explain the reasons why? 1 2 3 4 5 NA
4. If we recommended/required project changes/modifications to
reduce impacts, did the chanqes seem reasonable to you? 1 2 3 4 5 NA
5. If we denied your permit, did we clearly explain the reasons why?
1 2 3 4 5 NA
6. For enforcement cases, did our office clearly and professionally
explain the basis for the enforcement action (e.g., what work we 1 2 3 4 5 NA
believe you performed without authorization)?
7. For enforcement cases, did our office include options for
resolution? 1 2 3 4 5 NA
II. FOR "OTHER" CUSTOMERS
1. For permitted actions, was the permit effective in achieving
appropriate protection/mitigation for impacts to aquatic resources? 1 2 3 4 5 NA
2. For enforcement actions, did the Corps require appropriate
compensation/restoration for impacts to aquatic resources? 1 2 3 4 5 NA
1/1. FOR APPLICANTS & "OTHER" CUSTOMERS
1. Did the Corps representative act professionally and treat you with
courtesy? 1 2 3 4 5 NA
2. Did the Corps provide sufficient information to allow you to
complete an application form, comment on a public notice, or 1 2 3 4 5 NA
otherwise eyaluate our work?
3. Did we respond to your letters and telephone calls in a
reasonable amount of time? 1 2 3 4 5 NA
4. Did the Corps representative answer your questions clearly,
giving you accurate information about our Regulatory Program? 1 2 3 4 5 NA
5. What is your OVERALL rating of the level of service provided by
the Corps of Enqineers Requlatory Proqram? 1 2 3 4 5 NA

Approved: 24 February 2003
SAW Form No.: 673
Expires: 31 August 2005

Note: DATA FROM THIS QUESTIONNAIRE WILL BE USED BY THE DISTRICT TO IMPROVE SERVICE. ALSO, INFORMATION WILL BE
TABULATED NATIONALLY BY SERVICE AREA. RESPONDENTS WILL NOT BE IDENTIFIED BY NAME OR ORGANIZATION FOR ANY REPORT
DERIVED FROM THIS SURVEY.
SAW FORM 673, Jan 01 (Proponent: CESAW.RG)

o<f WAr~1f

O~WC-
Of Dll.G)"Y'
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Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

June 7, 2005

DWQ Project # 050642
Dare County

W oodcat, LLC
Attn: David Peres
P.O. Box 1532
Kill Devil Hills, NC 27948

Subject Property:

Kill Devil Hills Realty Corporation
Block 6, Lots 7-9, and portions of 10-12
Kill Devil Hills
Dare County, NC

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Peres:

You have our approval, in accordance with the attached conditipns and those listed below, to place fill
within or otherwise impact 0.085 acres of wetlands for the purp'ose of attaining septic setbacks, creating a
stormwater retention area and enabling commercial development with a building and parking at the
subject property, as described within your application dated April 12, 2005 and received by the N.C.
Division of Water Quality (DWQ) on April 15, 2005. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number 3402 (GC3402). The
Certification(s) allows you to use Nationwide Pennit 18 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required federal, state or
local pennits 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 arc:

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 Pennit) are met. No other impacts are
approved including incidental impacts:

N~1thCarolina
/valllrall!l

401 OversighVExpress 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]/lntemet: http://h2o.enr.state.ncus/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/1 0% Post Consumer Paper

Wood cat, LLC:
Page 2 of 3
June 7, 2005:

404/CANIA Wetlands

Plan Location or Reference
PCN

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 win Wetlands or Waters

Sediment and erosion control measures shall n~t 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.

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.

Woodcat, LLC:
Page 3 of3
June 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 in the DWQ Washington Regional Office at 252-946-6481.

A WKJijm

Sincerely,

~,fJv

1/1 Alan W. Klimek, P.E.

Enclosures:

GC 3402
Certificate of Completion

cc: Kendall Turnage, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files

Filename: 050642WoodcatLLC(Dare)401

." ~.... "..",..-"

Triage Check List

Date: (-!- 'd-'J-d<Jo'S'"

Proje6t Name: lUJelCkc;,t LLL
DWQ#: OS- o~(.,p..
County: Oqrf

To: 0 g
.ARO Kevin Barnett WaRO Tom Steffens and Kyle Barnes
0 FRO Ken Averitte WiRO Noelle Lutheran
0 MRO Alan Johnson o WSRO Daryl Lamb
0 RRO Mike Horan
From: S~'"'~ '(fC)~~ Telephone: (919) l") ~ '11 J-c.

. \. \. \

., . \

The file attached is being forwarded\io ~our f~ryour eyaluation.
. Please call if you need aSs~t~~e. .

o Stream length impacted \
o Stream determination \ ..
o Wetland determination and distance to blue-line surface.waters on USFW topo maps.
o Minimization/avoidance issues
o Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randlem~)
o Pond fill
D. Mitigation Ratios
o Ditching
o Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
o Is the application consistent with pre-application mee~gs?
o Cumulative impact concern
v 'i; 4o'M~-\tr I
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Comments:

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~rg@~DW[g[ID

APR 1 5 Z005

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Office Use Only:

\','ffiA/iDS AlID STOm.rIiATER BRANCH

Form Version October 2001

USACE Action ID No.

DWQ No.

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

I. Processing

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

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide #18

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 0

4. Ifpayment into the North Carolina Wetlands Restoration Progranl (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: 0

II. Applicant Information

1. Owner/Applicant Information
Name: Woodcat. LLC Attn: David Peres
Mailing Address: PO Box 1532
Kill Devil Hills. NC 27948

Fax Number: see agents number

Telephone Number: 252-207-7990
E-mail Address: see agents number

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: Kendall Turnage
Company Affiliation: Environmental Professionals Inc.
Mailing Address: PO Box 3368

Telephone Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Address:[e-mail]

Page 1 of2

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 ofproject: Woodcat,LLC

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

3. Property Identification Number (Tax PIN): 98831-29-64-721

4. Location
County: Dare Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number): Kill Devil Realty Corp Blk 6 Lots 7-9,
portions of 10-12
Directions to site (include road numbers, landmarks, etc.): Traveling North on Hwy 158,
located on east side of street near MP 9 between The Pit and Bobs Grill.

5. Site coordinates, if available (UTM or Lat/Long):N 36d .223' W 75d 39.276'
(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 ofthis application:
Vacant wooded parcel

7. Property size (acres): 1.34 acres

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

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 2 0[2

, "

10. Describe the purpose ofthe proposed work: To attain septic setbacks. create a stonnwater
retention area. enable commercial development with a building and parking

11. List the type of equipment to be used to construct the project:dump truck. front end loader.
grader

12. Describe the land use in the vicinity of this project: residential. vacation homes. restaurants

IV. Prior Project History

If jurisdictional detenninations and/or pennits 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 ill Number, DWQ Project Number, application date, and date pennits and
certifications were issued or withdrawn. Provide photocopies of previously issued pennits,
certifications or other useful infonnation. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe pennits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Jurisdictional Detennination Action ill # 200510776

V. Future Project Plans

Are any future pennit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
None expected

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

It is the applicant's (or agent's) responsibility to detennine, 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, pennanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intennittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation fonns 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 aeach a separate sheet.
1. Wetland Impacts

Page 3 of3

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact lOa-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
1 Earthen fill 0.085 yes 1365.00 Forested wetlands

'"

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 httn://w\\lw. fema.l',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: 0.085 acres (3694 Sq. ft.)
Total area of wetland impact proposed: 0.085 acres (3694 Sq.ft.)

2. Stream Impacts, including all intermittent and perennial streams NONE

Stream Impact
Site Number
indicate on ma
NONE

Type of Impact*

Stream Name**

Average Width
of Stream
Before 1m act

NONE

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.USl'.S.l',OV. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com. etc.).

.

Cumulative impacts (linear distance in feet) to all streams on site: NONE

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 of Water body Type of Water body
Site Number Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)
NONE NONE

'"

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

Page 4 of 4

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): 0 uplands 0 stream 0 wetlands
Describc the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

Proposcd use or purpose of pond (e.g., livestock watcring, 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 relatcd to site constraints such as topography, building ordinances, accessibility, and
financial viability of the projcc,t. 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 layout was designed by Massey Design and was dependent on local and county
zoning ordinances. building and septic code setbacks from the Town of Kill Devil Hills and Dare
County. These designs include multiple stormwater retention areas and swales after construction
and will include silt fences and other common methods to limit impacts during construction.

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 lincar 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
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable includc,
but arc 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

Page 5 of5

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
http://h2o.em.state.nc.us/ncwetlands/strm gi de. htm 1.

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.
Because the applicant does not have the required 10: 1 conservation area on site, In lieu
payment will be made to the NCEEP for 0.25 acres of mitigation exceeding the 2:1 ratio
mitigation to impacted area.

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 401lWetlands 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://h20.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:

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): N/ A
Amount of Non-riparian wetland mitigation requested (acre): 0.25 acres
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentatinn (DWQ Only)

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

Yes 0

No ~

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP A/SEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No 0 N/ A

Page 6 of6

, .'

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 D No ~

X. Proposed Impacts on Riparian and \Vatershed 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 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D 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 Multiplier Required
(square feet) Mitigation
1 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A

· Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
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.
N/A

XI. Stormwater (D\VQ Only)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious coverage is 0 and Proposed is 62% or .84 acres (36.438 Sq.ft.). Multiple
stormwater management basins and swales are proposed by Clayton E. Massey. PE (designing
engineer)

Page 7 of7

XII. Sewage Disposal (D\VQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On site LLP septic field is proposed

XIII. Violations (nwQ Only)

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

Is this an after-the-fact permit application?
Yes 0 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).
N/A

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

Page 8 of8

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'Voodcat, LLC
David Peres
PO Box 1532
Kill Devil Hills, NC 27948

I, David Peres, authorize Environmental Professionals, Inc. (EPI) to pursue
a Nationwide Application on my behalf for property located in Kill Devil
. HilIs,Dare Coun '~North Carolina.
r
1
I
I

u/i1J () ,f

DATE '

u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

------Action" Id: 200510776--.

County:. Dnrc"

U:S:G.S. Quad: Kifty-ffaw/{

NOTIFICATION OF JUlUSDICTIONAL DETERl\HNATION

Property O\mer/ Agent:
Address:

Telcphone No.:

Woodcat. LLC
Aftn: David Peres
Post Office Box 1532
Kill Devil Hills. North Carolina 2794S
[phone]

Property description:
Size (acres) 1.34 Nearest TO\m Kill Devil Hills
Nearest Watenvay Unnamed Tributary River Basin Pasquotank
USGS HUC 03010205 Coordinates N 36.003422 W -75.654225
Location description A 1.34 acre tract adiaccnt to an unnamed tributary which flows to Kitty Hawk Bay. located
cast of US 15S Hil!hway. in Kill Devil Hills. Darc County. North Carolina. PJN# 9SS312964721

Indicate \Vhich of the Following Applv:

Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this propcrty inspectcd to dctcrmine the cxtent of Department of the AnllY (DA) jurisdiction. To be considered fmal, a
jurisdictional detcnnination must be verified by the Corps. This preliminary detenllination is not an appealable action
under the Rcgulatory Program Administrative Appeal Process (Reference 33 CFR Part 331).

There arc Navigable Waters of the Unitcd States within the above described property subject to the pemllt requirements of
Section 10 of the Rivers and Harbors Act and Section 404 ofthe Clean Watcr 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.

X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC S 1344). Unless there is a change in the law or our published regulations, tllis determination may be
relied upon for a period not to exceed five years from the date ofthis notification.

- . We strongly suggest you have the wetlands on your property delineated; Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.

- The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CW A jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.

X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Offic;ial identified below on 4/7/2005. 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 arc no waters of the U.S., to include wetlands, present on tlle above described property which are subject to tlle
permit requirements of Section 404 of the Clean Water Act (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.

X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at [phone] to determine
their requiremcnts.

Page 1 of2

, ,; .:~;;:)

.. ,1\ctiorl.Id,. 20051 0776

._-_._{~_..,~:-~~>_,.,~{~<."..,..._ 'd_~ .______ ______. ________ _________ __ .. __~___..___..__

."'. ;i PlaCcllltnt of dredged or fill material \vithin ,vaters of the US and/or \vetIands \vithout a Department oftlIe Army pennit may
'.~',constitute a violation of Section 301 of the Clean Water Act (33 USC ~ 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact William Wcscott at [phone] cxt. 25.

Basis For Detennination: This site exhihits wctland critcria as dcscrihcd in the 1987 Corns 'Vetland Dclincation Mannal
and is :1lliaccnt to a ditch systcm that connects to Kitty Hawk Bay.

Remarks:

w~

~~w.s

(
Expiration Date 04/07/2010

Corps Regulatory Official;

Date 04/07/2005

Copy Furnished:
Envirolilllcntal Professionals, Inc.

Page 2 of2

JURISDICTIONAL DETERl\UNATION
U.S. Army Corps of Engineers

Revised g11310.:1

.

DISTRICT OFFICE: CESAW-RG-W
FILE NUl\IBEH: 200510776

PROJECT LOCATION INFORMATION:
State: North Carolina
County: Darc
Center coordinates of site (latitude/longitudc): N 36.003422/ W-75.654225
Approximatc size of area (parcel) reviewed, including uplands: 1.34 acres.
Namc of nearest waterway: Unnamed Tributary to Kitty Hawk Bay
Name of watershed: Pasquotank River Basin

JURISDICTIONAL DETERl\lINA TION
Completed: Desktop determination
Site visit(s)

o
o

Datc:
Date(s): 2/15/2005

Jurisdictional Determination (JD):

o Prcliminary JD - Based on availablc information, 0 there appear to be (or) 0 there appear to be no "waters of the United States"
and/or "navigablc waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part
331~ . , '

,[81 Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:

o There are "navigable waters of the United States" (as defmed by 33 CFR part 329 and associated guidance) within the reviewed
area. Approximate size of jurisdictional area: "

[81 There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 0.08 acres.

o There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
o Decision supported by SW ANCC/MigratOl)' Bird Rule Information Sheet for Determination of No Jurisdiction.

BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
o The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.

n. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
o (l) Thc prescncc of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the, ebb and flow of the tide.
D (2) The presence of interstate waters including interstate wetlands. '
o (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, '
wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could
affect interstate commerce including any such waters (check all that apply):
o (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
o (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
o (iii) which are or could be used for industrial purposes by industries in interstate commerce.
D (4) Impoundments of waters otherwise defined as waters of the US.
o (5) The presence ofa tributary to a water identified in (1) - (4) above.
o (6) The presence ofterritorial seas.
[SJ (7) The presence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands.

Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or
wetland is not itself a navigable water of the United States, describe eonneetion(s) to the downstream navigable waters. If B(I) or B(3)
is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including
why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4,501'
6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. If B(7) is used as the Basis of
Jurisdiction, docllment the rationale used to make adjacency determination: This site exhibits wetland criteria as described in the 1987
Corps Wctland Delineation Manual and is adjacent to a ditch system that connects to Kitty Hawk Bay ,

, . .

Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
------- O-Ordinary High Watcr. Mark indicatcdby:__________ O-lligh_Tidc Lincindicatc<i by:
o clear, naluralline impressed on tho bank 0 vii vr ~"UIU JIm; l1Iuug ~l1un:: UDJl:ClS
o the presence oflitter and debris 0 fine shell or dcbris deposits (foreshore)
o changes in the character of soil 0 physical markings/characteristics
o destruction of terrestrial vegetation 0 tidal gages
o shelving 0 other:
o other:

o Mean High Water Mark indicated by:
o survey to available datum; 0 physical markings; 0 vegetation lines/changes in vegetation types.

~ Wetland boundaries, as shO\m on the attached wetland delineation map and/or in a delineation report prepared by: George Wood,
Environmental Professionals, Inc.

Basis For Not Asserting Jurisdiction:
o The reviewed area consists entirely of uplands.
o Unable to confirm the presence of waters in 33 CFR part 328(a)(I, 2, or 4-7).
o Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
DIlle Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
o Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
o Artificially irrigated areas, which would revert to upland ifthe irrigation ceased.
o Artificial lakes and ponds created by excav'atirig and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
o Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to" retain water for primarily aesthetic reasons.
o Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose
of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition of waters ofthe United States found at 33 CFR 328.3(a).
o Isolated, intrastate wetland with no nexus to interstate commerce.
o Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
o Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
o Other (eXplain):

DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
[J Maps, plans, plots or plat submitted by or on behalf of the applicant.
I81 Data she.ets prepared/submitted by or on behalf ofthe applicant. .
t:8J This office concurs with the delineation report, dated 3/24/2005, prepared by (company): EnvirornnentaI Professionals, Inc.
o This office does not concur with the delineation report, datcd , prepared by (company):
o Data sheets prepared by the Corps.
o Corps' navigable waters' studies:
o U.S, Geological Survey Hydrologic Atlas:
IS] U.S, Gl:ological Survey 7.5 Minute Topographic maps: Kitty Hawk
o U.S. Gcological Survey 7.5 Minute Historic quadrangles:
o U.S. Geological Survey 15 Minute Historic quadrangles:
L2J USDA Natural Resources Conservation Service Soil Survey: Dare County sheet 3
o National wetlands inventory maps:
o State/Local wetland inventory maps:
o FEl\1NFIRM maps (Map Name & Date):
o 100-year Floodplain Elevation is: (NGVD)
o Aerial Photographs (Name & Date):
o Other photographs (Date):
o Advanced Identification Wetland maps:
o Site visit/determination conducted on: 2/15/2005
o Applicable/supporting case law:
o Other information (please specify):

'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytie vegetation, hydric soils and wetland hydrology).

2The tenn "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural
river benns, beach dunes, and the like are also adjacent.

, . .

XII. Sewage Disposal (D\VQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On site LLP septic field is proposed

XIII. Violations (DWQ Only)

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

Is this an after-the-fact pennit application?
Yes 0 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 pemlits. 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).
N/A

, ~ '7 / / ",

>t&t,"-t:-l:~dr" !-it/L'I,t~>~ y //,~/~~:~

~~/;T "
Applicant/Agent's Signature Date ,/
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 80f8

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ENVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 27948

[1~vv~[J3 @[? v[J3&[K]~~Ovv&[1

TO

[phone]
. FAX [phone]~21. ~
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DAlE

> WE ARE SENDING YOU i Attached 0 Under separate cover via
o Shop drawings 0 Prints 0 Plans

o Samples

the following items:
o Specifications

o Copy of letter

o Change order

o

COPIES

DATE

NO.

DESCRIPTION

[)o Du

THESE ARE TRANSMITTED as checked below:

o For approval

o Approved as submitted
o Approved as noted

o Resubmit

copies for approval

o For your use
o As requested

o Submit

copies for distribution

o Returned for corrections

o Return

corrected prints

>

o For review and comment

o

o FOR BIDS DUE

o PRINTS RETURNED AFTER lOAN TO US

REMARKS

~jg@~!J-~

APR 1 5 2005

DEN~ATERK)UAl~
\','E1lANDS NiD STORMVVATER BMl.CH

COPYTof2J-!rOJ !l~(YI~p>) llj11[:i>-

SIGNE .

~

If enclosures aro not as noted, kindly no/if