20050623 Ver 1_Complete File_20050516

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u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ill. 200510973

County: Dare

USGS Quad: Kitty Hawk

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GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Property Owner / Authorized Agent: Steven Graves
Address: 4805 Elm Court
Kitty Hawk. North Carolina 27949

Telephone No.: 252-26t-8723
Size and location of property (water body, road name/number, town, etc.): Pronerty located on Kitty Hawk Road on
the east side of the Northeast Marine Construction huildin~. PIN # 9875050975t0985.

Description of projects area and activity: Fill 0.02-acre of Section 404 iurisdictional wetlands for a driveway crossin~.

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

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide pennit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide peffilit 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 pemlit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 40 I requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 extension 25.

Corps Regulatory Official W~ tL~~ 8 W , Sf
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Expiration Date of V erification: 03/t 8/2007

Page 1 of2

Date: 05/14/2005

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MAY 1 8 2005

DENR . WATER QUAliTY
WETWIDS NID STOHllNATER BRAlJCH

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Determination of Jurisdiction:

o Based Ol\pr~liminary information, there appear to be waters of the US including wetlands within the above described project area.
.; .: ~ This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
~~ -'( Refcrence 33 CFR Part 331).
'.'

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

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

~ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 10/26/2004. Action ID 200510015

Corps Regulatory Official:

Date 05/14/2005

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

Copy Furnished:
Environmental Professionals, Inc.
NC Division of Water Quality

Page 2 of2

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Action ID Number:200510973

County:Dare

Permittee: Steven Graves

Date Permit Issued: 5/14/2005

Project Manager: \Villiam Wescott

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

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

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

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

Signature of Permittee

Date

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CESA W-RG-W

DATE: 05/14/2005

MEMORANDUM FOR RECORD

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

1. Action ill. 200510973

2. Project Name and Location: Steven Graves, Kitty Hawl{

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

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

b. Is compensatory mitigation necessary? NO

Explain: Mitigation includcd within thc NWP 18 rCQuircmcnts. ActionTD # 200510972

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:

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NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUI:ST FOR APPEAL
Applicant: Steven Graves I File Number: 200510973 Date: 5/14/2005
Attached is:Nationwide Pennit See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
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SECTION I - The fiJllowing identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may bc found at http://www.usace.army.millineUfunctions/cw/cccwo/reg or
Corps rc~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 docwnent and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having deternlined that the permit should be issued as previously \\Titten. 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 Pernlit, 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 Penn it or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
pernlit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
. APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial ofa permit under the Corps of Engineers Administrative Appeal Process by
completing Section II ofthis form and sending the fonn to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
. ACCEPT: You do not need to notifY the Corps to accept an approved JD. Failure to notifY the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

, .

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E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERlvllT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
US Anny Corps of Engineers Mr. Michael F. Bell, Administrativc Appcal Rcvicw Officcr
Attn: William Wescott CESAD-ET -CO-R
Post Office Box 1000 U.S. Anny Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 9Ml5
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 ofthe 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:
Commandcr
U.S. Army Enginccr Division, South Atlantic
60 Forsyth Strcct, Room 9M15
Atlanta, Georgia 30303-3490

..

Action 10. 200510972

County: Dare

USGS Quad: Kittv Hawl(

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u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

GENERAL PERMIT (REGIONAL AND NATION\VIDE) VEIUFICATION

Propcrty OWIlcr / Authorized Agent: Steven Graves
Addrcss: 4S05 Elm Court
Kitty Hawl{, North Carolina 27949

Telephone No.: 252-261-S723
Size and location of property (watcr body, road namc/numbcr, town, ctc.): Propertv located on Kittv Hawk Road on
the cast side of the Northeast Marine Construction building. PIN # 9S7505097510985..

Description of projects arca and activity: Fill 0.09-acrc of Section 404 iurisdictional wetlands for residential
development and septic setbacks.

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

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. Iftl1e 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 arc under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the datc 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 detennine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee ofthc responsibility to obtain any other required Federal,
Statc or local approvals/permits.
Ifthere arc any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, pleasc contact William Wescott at 252-975-1616 extension 25.

Corps Regulatory Official

WL ~ ~.ws.
I

Date: 05/14/2005

Expiration Datc of Verification: 03/18/2007

~[g@[gO\Yl[g @

MAY 1 8 2005

DENR. WATER QUAliTY
\','ETWJDS Nm STORM\'t'ATER BRANCH

Page 1 of2

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Dctcrmination of Jurisdiction:

.' ~ .

[J .' Based, op p~elirninary infonnation, there appear to be waters ofthe US including wetlands within the above described project area.
~__.\ \ This prCIiminary detennination is not an appealable action under the Regulatory Program Administrative Appeal Process
.~.-. -< S Reference 33 CFR Part 331).

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

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

[Z] The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 10/26/2004. Action ID 200510015

Corps Regulatory Official:

Date 05/14/2005

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

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

l>agc 2 of 2

May 14,2005

Regulatory Division

Action ID No. 200510972

Steven Graves
4805 Elm Court
Kitty Hawk, North Carolina 27949

Pcrmit Spccial 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 permit must be performed in strict compliance with the
submitted plans, which arc a part of this permit.

b. The Permittee shall mitigate for 0.09 acre of wetlands associated with tins
project by payment to the North Carolina Ecosystem Enhancement Program
(NCEEP) in an amount determined by the NCEEP sufficient to perform 0.18 acre
of nonriparian wetland restoration nntigation (Cowardin classification type
PFOIC) 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 N.D. of the
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.

If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwidc authorization is modified, rcissued or
revoked.

Thank you for your timc and cooperation. Questions or comments may be addrcssed
to Mr. Wescott, \Vashington Rcgulatory Field Officc, telephonc [phone],
extension 25.

County:Dare

Action ID Number:200510972

Permittee: Steven Graves

Date Permit Issued: 5/1412005

Projcct Manager: \Villiam Wescott

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

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
W ASHINGTONREGULA TORY FIELD OFFICE
Post Office Box 1000
Washington, North Carolina 27889

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

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

Signature of Permittee

Date

CESA W-RG-W

DATE: 05/14/2005

MEMORANDUM FOR RECORD

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

1. Action rD. 200510972

2. Project Name and Location: Steven Graves, Kitty Hawk

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

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

b. Is compensatory mitigation necessary? YES

Explain: 2:1 restoration ratio in-liell oayment to NCEEP for 0.09-acre non-rinarian wetland imoact

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: ~ :m.: W~ Q. WoS .

." .

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCr.;SS AND
REQUEST FOR APPEAL
Applicant: Steven Graves I File Number: 200510972 Date: 5/14/2005
Attached is:Nationwide Permit See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Pennit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DEIERMINA IION E
'" "
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional inronnation may be round at h1!p:lhvww.usace.army.mil/inet/functions/cw/cecwo/rcg or
Corps rcculations at 33 eFR Pmt 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 Pennit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the pernlit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
. ACCEPT: If you received a Standard Pennit, 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 of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II ofthis form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

..: ' . - ~.

E: PRELIMINARY JURlSDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the prcliminary JD. Thc Preliminary JD is not appealablc. 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 ncw
information for further considcration by the Corps to reevaluate thc JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify whcrc your rcasons or objections are addresscd in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review ofthe administrative record, the Corps
memorandum for the record of the appeal confcrence or meeting, and any supplemental information that thc
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to thc 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 thc appeal process you may contact: may also contact:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Revicw Officcr
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
RlGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
governmcnt consultants, to conduct investigations ofthe 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:
Commandcr
U.S. Army Enginccr Division, South Atlantic
60 Forsyth Strcct, Room 9M15
Atlanta, Georgia 30303-3490

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Michael F. Easley, Governor

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

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

April 22, 2005

DWQ Project # 05-623
Dare County

Steven and Christina Graves
4723 Elm Court
Kitty Hawk, NC 27949

Subject Property:

Property Id # 987505097510985

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. & Ms. Graves:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.11 acres of wetlands for the purpose of site preparation for residential
construction at the subject property, as described within your application dated AprilS, 2005 and received
by the N.C. Division of Water Quality (DWQ) on April 12, 2005. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 and
3402 (GC3404 and 3402). The Certification(s) allows you to use Nationwide Permit(s) 14 and 18 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, 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
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved

The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:

404/CAMA Wetlands

Plan Location or Reference

Nj',"~Carolina
;Vatllrnllll

401 Oversight'Express Review Permits Unit
1650 Mail Service Cenler, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FA:/.. 919-733-6893/lntemet http://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer- 500/. Recycled/l 00/. Post Consumer Paper

Steven & Christina Graves
Page 2 of 3
April 22, 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
Suiface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
\

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

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

4. No Sediment & Erosion Control Measures wIn Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 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.

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

,

Steven & Christina Graves
Page 3 of3
April 22, 2005

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.
,

A WK/cbklbs

Enclosures:

GC 3402 and 3404
Certificate of Completion

Sincerely,

~J4;

r Alan W. Klimek. P.E.

cc: Kendall Turnage, Environmental Professionals, Post Office Box 3368 Kill Devil Hills, NC 27948
US ACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files

Filename: 05-0623 Steven & Christine Graves (Dare) 401

Office Use Only:

Form Version October 2001

USACE Action ID No.

D\VQ No.

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

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

~~@~O\Yl~ @

APR 1 2 Z005

I. Processing

DEI~R - WATER QUALITY
r:cl1JJ:OSAllD STORr.rNATER BfW:CH

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

Nationwide 14 and 18

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

II. Applicant Information

1. Owner/Applicant Information
Name: Steven and Christina Graves
Mailing Address: 4723 Elm Court
Kitty Hawk. NC 27949

Tclephone Number: 252-261-8723
E-mail Address: see agent

Fax Number: sec agent

2. Agent Infomlation (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 Tumaq:e
Company Affiliation: Environmental Professionals. Inc.
Mailing Address: P.O. Box 3368
Kill Devil Hills. NC 27948

Telephonc Number: 252-441-0239 Fax Number: 252-441-0721
E-mail Addrcss:[e-mail]

Page I of9

III. Project Information

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Steven and Christina Graves

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

3. Property Identification Number (Tax PIN): 987505097510985

4. Location
County: Dare County Nearest Town: Kitty Hawk
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Traveling west on Kitty Hawk
Road, site is on north side of the road prior to reaching Northeastern Marine Construction site

5. Site coordinates, if available (UTM or Lat/Long): N 36d 4' 20" W 75d 42' 53"
(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 ofthe site at the time of this application:
Vacant partially cleared parcel

7. Property size (acres): 2.98 acres

8. Nearest body of water (stream/river/sound/oceanllake): man made canal

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://h20.cnr.state.nc.us/admin/maps/.)

Page 2 of9

10. Describe the purpose of the proposed work: to provide the minimum impacts necessary to
provide the applicants with a septic system, septic setbacks, and driveway for a 3 bedroom
year round residence.

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

12. Describe the land use in the vicinity ofthis project: year round residential homesites and
mixed commercial uses

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 ill Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Jurisdictional determination by Mr. William Wescott--- October 10, 2004

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 wetland fill requests are anticipated for this proiect or parcel. The applicants only wish
to afford access to and construction of a single family home and septic svstem on this parcel. The
remaining wetlands will remain undisturbed.

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

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
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

Page 3 of9

mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
A (nationwide 14) Earthen fill 0.0217 Yes 116 ft Forested wetland
B (nationwide 18) Earthen fill 0.0752 Yes 80 ft Forested wetland
C (nationwide 18) Earthen fill 0.0162 Yes 80 ft Forested wetland

* 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 ]ocal floodplain maps. Maps are avai]able through the FEMA Map Service Center at 1-800-358-9616, or
online at http://\Vww.fem~l.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:
Total area of wetland impact proposed: 0.1129 acres

2.08 acres

2. Strcam Impacts, including all intcrmittent and pcrcnnial streams

Stream Impact Length of Average Width Perennial or
Site Number Type oflmpact* Impact Stream Name** of Stream Intermittent?
(indicate on man) (linear feet) Before Impact (please specify)
N/a N/A N/A N/A N/A N/A

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (inelude 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
dO\\TIstream named stream into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or online at
wWW.usgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wwW.topo7one.com,
www.mapqllest.com. etc.).

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

3. Opcn Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any

other Water of the U.S.

*

Open Water Impact
Site Number
indicate on ma
N/A

Type oflmpact*

N/A

Name of Water body
( if applicable)

N/A

N/A

N/A

*

List each impact separately and identify temporary impacts. Impacts include, but arc not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

4. Pond Creation N/ A

Page 4 of9

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

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local storn1\vater 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.
The requested fill will serve to allow the parcel to be able to support a single family year
round (primarv) residence.

Nationwide # 18 ---- A total of 3981 square feet of wetland fill is requested to allow for the
building pad and most importantly, the 35 ft septic setbacks to be attained for construct the
biofiltration septic svstem. A conventional septic svstem design was explored but required far
greater wetland fill to attain setbacks, due to 50 ft setbacks for conventional systems. The
applicant then decided to incur the extra expense of a biofiltration system to reduce the amount
of wetland fill. The applicant has proposed portions of the home to lie within the constraints of
into the septic setbacks area to allow for the filled area to serve dual purposes to prevent fill in
other the other possible home sites possible.

Nationwide #14 ----948 square foot (0.0217 ac) of wetland fill is requested to cross the wetland
swale that will access the home and septic area. The design was conceived to prevent any
impervious surfaces within the 30 ft public trust shoreline buffer and will avoid all wetland fill
within the CAMA 75 ft Area of Environmental Concern. The development has been design to
place all development as far away from surface waters as possible. The 30 ft buffer prevents the
applicant from placing the driveway. Along the existing highground corridor, which is also too
narrow and steep to provide access to the building site. The proposed driveway area within the
30 buffer will remain a soil road. therefore no impervious surfaces will lie within the buffer.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to

Page 5 of9

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

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic rcsource 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 rcsource 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 US ACE 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
http://h20.em.state.nc.us/ncwetlands/stmlgide. h tm 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,
prescrvation 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.
The applicant will purchase 0.25 acres of wetland mitigation from the NCEEP for this
proicct. If payment to the NCEEP is not available for any reason. then the applicant has and
will to place a conservation easement on portions of the remaining wetlands at a minimum
ration of 10: 1.

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
revicwed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified carly in the review process by the 40l/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
proccss for the NCWRP, check the NCWRP website at http://h2o.cnr.statc.nc.us/wrp/indcx.htm. If
use of thc NCWRP is proposed, please check the appropriate box on page three and provide
the following information:

Page 6 of9

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 (acres):0.25 acres
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmcntal Documentation (D\VQ Only)

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

Yes D

No ['8]

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 D No ['8]

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No ['8]

X. Proposcd Impacts on Riparian and Watershed Buffers (DWQ Only)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/ A )?
Yes D No [8] 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 1.

Page 7 of9

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.
Buffer mitigation is not required for this proiect since no wetland fill wi11 not be placed within a
buffer.

XI. Stormwatcr (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.
Existin~ ---- no (0 SF) impervious areas
Proposed--- home (2025 SF)

XII. Sewage Disposal (DWQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity ofthe subject facility.
A biofiltration septic system wi11 be constructed in the location shown on the map. This area was
specified by the Dare County Health Department during the preliminary site assessment as
having the most compatible soils and wi11 require the least amount of wetland fil1 to accomplish
wastewater disposal. The entire design was based around the health departments
recommendations for the sewage disposal location and avoidance of areas of environmental
concem as much as the site would al1ow.

XIII. Violations (D\VQ 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

Page 8 of9

work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside ofthe applicant's control).
No constraints are currently associated with this proiect

?~t~/~.~.~c :YP j-

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

Page 9 of9

March 3, 2005

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Enlnll~~IEH,\" G
Pllm'ESSION,\LS Mr. Steve raves
==..:=nv.-=4723 Elm Court
PLANNING FOR Kitty Hawk, NC 27949
A BETTER
ENVIRONMENT Dear Mr. Graves,

._. ~ _o-,.~ -.'-

.. ..... .....-

This letter is with reference to Lot 5, WB Beacham Subdivision and your requcst that Envirolilllental
Professionals, Inc. (EPI) provide a Scope of Services to assist you in the devclopment of the site. This
Scope of Services is based in part on discussions with you regarding the proposed development ancl the
wetland delineation that was performed in 2004. This scope of work may require modification when
sequencing is considered for the proposed development but will result in four general areas:

Preiiminary Site Plalilling and Su'ategic Planning
· Wetland Delineation
Envirolilllental PemIitting
· Wetland Mitigation

I. fi.climinaaBitiliallniIl~llHLStratc!!ic Planning

Projects, which move along in a predictable and timely fashion, occur because of the project proponents
ability to balance economic, design and marketing considerations. Part of these considerations are
impacted by environmental regulations and pernutting complications. It is often customary that EPl advise
on unrealistic prelinunary site design or advise on design alternativcs which could ease the regulatory
process.

This phase was accomplished in part during our discussion and will continue as we collect infonnation.

2. IDtlandJklinc_atiQu

EPI does not propose to delineate the wetlands at the site and will utilize the alignment as delincatcd by EPl
in 2004 for pennitting purposes.

3. Ell.Yiummcllta Lf..cnllitt.i.n2

Based on our understanding of the proposed development, EPI proposes to apply for a Section 404 and 401
Pernut (Clean Water Act) that will include the following Scope of Services.

Tasks to bc pcrformcd by Environnlental Professionals, Inc. (EPI) for submittal of the applications for
Pennits:

.

mcet with client on site to discuss projcct goals and to collect natural resource data necessary
for environmental design;

.

refine the design of project to meet goals of clicnt and provide bcst opportunity for approval
by resource agencies (if client's goals are unpernuttable, then EPI will discuss alternatives
with client);

.

arrange pre-application conference with resource agencies that have substantive input [or type
of project proposed;

.

tdentify adjacent riparian property owners to the project and prcpare lettcr of notification to be
sent certified mail, return receipt requested;

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P.O. BOX 3368 · KILL DEVIL HILLS, NORTH CAROLINA 27948-3368. 252-441-071Q
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prepare the site design to be approved by client;

· complete appropriate applications for submittal of approvals required for the project;

These may include:

1. Coastal Stonmvater Application
2. Sections 404 and 401 of the Clean Water Act Applications

*This proposal does not include:

marina water quality modeling
archaeological review to satisfy Section 106 of the National Historic Preservation
Act
submerged aquatic vegetation survey
wetiand delineation (State or Federal) (See scope proposed above)
surveying
local zoning or unified development ordinance coordination \\lith local govenUllent
other authorities not specifically mentioned above
CAMA Major Development Pernlit

· obtain the appropriate support documents from the client (i.e. deed, letter authorizing
EPl to act as agent for the client, etc.);
· prepare and subnlit the appropriate application fees for the project (to be billed as a direct
cost reimbursable and not included in Fee Estimate);
prepare the pennit application packages and mail to the appropriate agencies;
· follow up with the appropriate review agencies to promote timely decision; and
· consultation with our client to review pernlit conditions and/or special considerations of
approval.

4. Wf.tlandlllitigation

In order for Environmental Professionals, Inc. (EPl) to negotiate a successful mitigation proposal, some
preliminary work will be required to ensure that the project is properly represented. However, based on the
limited information available, it is our hope that mitigation can be accomplished by purchase of wetland
credits from the North Carolina Ecosystem Enhancement Program or preservation of the remaining
wetlands at the site. EPI will either coordinate with NCEEP for the availability of the credits for this site or
provide your attorney with draft easements for preservation. This scope does not include the purchase of
the credits or services provided by your attorney.

In order to accomplish this Scope of Services our fee will be'~' ..ii, not including pem1it application
fees. Payment for services rendered is due upon receipt of invoice. Interest in the amount of 18% APR
will be charged on any unpaid balances effective ten days from the date of the invoice. In the event that
legal action is necessary to enforce the recovery of any professional fees and interest due, client agr'~es to
pay Environmental Professionals, Inc. the cost of any attorneys fees or court costs in addition to all other
damages.

If you find this Scope of Services and Fee Estimate acceptable, please sign at the bottom of this document,
provide a~' . ~ .etainer, and return one signed copy for our file so that we may commence work.

Sincerely,
Envi1nmental Professionals, Inc.

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II' ENVIRONMENT ALPROFEssioN-
~(\.!...... PlannIng for a Better En
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i / ,il Kill DEVIL HillS, NC
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L_ EPI JOBfj 04-09.3 DATE 4/04/05
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KITTY HAV.K

DARE COUNTY, tlC

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f EN V1RONMENTALPROFESSIONALS. INC. --1
i ~... Plonning for 0 Better Environment i
: l,'.! ".1404 SOUTH VIRGINIA DARE TR. !
: /~:-...: ) P.O. BOX 3368 i
i \i; Kill DEVIL HillS, NC 27948 r---
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KITTY HAWK ROAD
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S.R. 1206

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ENVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
Kill DEVil HillS, NORTH CAROLINA 27948

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ATTENTION

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> WE ARE SENDING YOU X Attached 0 Under separate cover via
[j Shop drawings 0 Prints 0 Plans

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the following items:
o Specifications

o Copy of letter

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PIES DATE NO. DESCRIPTION
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THESE ARE TRANSMITIED as checked below:
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por your use
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