20050906 Ver 1_Complete File_20050524

ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O, Box 3266 Kitty Hawk, NC 27949
[phone] [phone] fax

June 16, 2005

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JUN 2 2 2005

Cyndi Karoly
NC Division of Water Quality
401 Certification Unit
1650 Mail Service Center
Raleigh, NC 27699

\ ' DENR - WATER QUAlITY
\'ETl.ANDS MID STORI.!WATER BRANCH

RE: DWQ Project #05-0906 Oscar Revera Lot #1, Southern Woods Cottages,
4800 The Woods Road, Kitty Hawk, Dare County, NC

Dear Ms. Karoly,

This letter is with reference to your letter dated June 1, 2005 requesting
additional information concerning the application package submitted to you by
our office on Mr, Revera's behalf.

Additional Information as Requested:

1. Plan Details

a. All wetland impacts proposed are indicated on the enclosed wetland fill plat
(dated 6/15/05) submitted with the application package, Wetland fill area
includes the 3: 1 slope for the construction of a residential dwelling, The
proposed elevated wooden walkway (8'x 38') through wetlands is to
access the highground portion of this property for future use (possible
playground area for children); no fill is associated with the construction of
the walkway. Minimal vegetation clearing on highground for playground
area will be done at that time. Clearing proposed for this project includes
the entire highground (east) portion (21,403 sJ) excluding the 20'x 98'
(1,960 sJ,) vegetative buffer requested by the Town of Kitty Hawk, along
the eastern boundary adjacent to the mulit-use path,
Total wetland impacts including walkway = 2,519 s.f.
Total land disturbance proposed = 19,443 s.f.

b. Proposed built upon project area for house, porch, sidewalk, driveway and
parking is approximately 14%. (House including porch area = 4,626 sJ,;
steps and sidewalk area = 225 sJ.; driveway and parking = 3,573 s.f),
Total proposed impervious area = 8,424 sJ.

(page 2. DWQ Project #05-0906)

c. Slope proposed from house to fill area is 3:1 slope (fill slope), Roof of
proposed house has several valleys and gutters, which will allow several
areas of surface runoff preventing localization of stormwater runoff in just a
few areas (see attached plat for flow arrows). Lot will be graded to slope
towards the northern boundary and towards the eastern boundary (20'
buffer area excluded), Grading towards the west will be at a 3: 1 slope from
the house to the fill area, A landscaping/retaining wall will be constructed
along the wetland fill interface and placed with filter cloth, All other graded
areas along the western side of the house will be seeded to filter surface
runoff, Silt fence will be placed along the wetland interface and graded
area, to prevent material runoff before grass is established,

2. Mitigation
Attached faxed acceptance letter from NCEEP dated June 16,2005.

If you have any questions or comments please do not hesitate to call 252-261-
7707.

Sincerely,

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Roxanne D. Dorman
Atlantic Environmental Consultants, LLC

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06-17-/05 08:29 FR~l-DENR EE?

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JW\c 16.2005

Ms. Roxanne Oonua.'l
Atlantic Environmen~l Consultants, LtC
P. O. Box 3266
Kitty Hawk, NC 27949

Dew' Ms. Donnan:

The Ecos)'$tcm Enhancement Program (EEP) will accept the donation of a conservation e83ement on Oscar
Revem'! property that is being required by the Corps ofEnoincers and DWQ ll:i mitigation for impacts to
wetland~ on the propl:rty, EEP require~ a one.time foo based upon tho rate of $350 per acre to hold such
easements. This fee is dopoli1ted in an intercst-bcarins fund to cover monitoring and enforcement costs for the
casement areai in perpetuity.

\\'hen you ll1'C ready to pl3Cc the easement on the property, please forward the following to my attention:

1. One copy of the 4011404 permit or U.S. Army Corps of Engineers (USACE) verificAtion of acceptance of
. donation in lieu of mitigation; .

2. One completed draft of the EEP conservation easement funn;

3. A survoy of tho parent tmct on an 8 1/2 by 11 sheet witb the po~ntial casement aroa defined and the
easement tlrea acreage notQd;

4. One copy of the original title opinion (title il15urlUlcC will not be 4c~epted in lieu of the title opinion); and

5. One:: copy of the oriaiIU1l deed for toe parcel of property to be donated for conservation easement and, if
applicable. tl copy oftha restrictive Covenant!.

Please direct teclmical questions about real estate matters to Ms. Marion Panicle. of the State Property Office,
919-807-4665.

The State Property Oftlce (SPO) will review all materials. Upon SPO acceptance oftha draft caiament and
supporting documents, the conservation e~ement mUst be filed by the applicant in the appropriate county. and
the original copy sent to the SPO at the addrcss in the upper left comer of the conservation easement agreem~t.

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North Carolina Ecol)'mm Eohanwoeot Program. 1652 M:lil ServiCf (cnler. A.1leigh. He 27699./652 I 919.7/5.0476 I."."....ncetp.ntl

06-17-/05 08:29 FROM-DENR EE?

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Roxanne Donnan
June 16,2005
Page 2

Upon roocil't of taa record(d eGil.5U.,.lllivu ~tl.:Jcun;ul ujSn;\;;uu:nl, EEP will send au invoice tor Ule management
fcc. The appropriate el1Semcnt mlUlaiement fee as established by N.C. Rule lSA NCAC 021t0402must
accompany the returned invoice. Tb~ fee is blUed au the size of the easement in question and is calculated 115
follows:

The established fee rate is $350 Ill':re. The minimum parcel size has been designated at 0.25 acr~, which results
in a minimum payment fee of $87.50. The area of the potentia! easement site should be rounded up to th-:
nearollt 0.25 acrD. In your case, the easement area is 0.57 ucres, 110 this IIlU:it be rounded up to 0.15 acres.

Upon receipt of the mlU1agcmcnt fee, tho EEP will send illctt~r of receipt to the applicll1lt and the appropriate
USACE field office:.

Sincerely,

6~~~

Stephanie Horton
919.715.1263

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LEGEND
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PROPOSED FILL AREA (2,215 SF)

NOTESI
· LOT AREA = 60,263 Sq. Ft.
· ALL EXPOSED FILL AREAS TO HAVE A 3: 1 SLOPE
AWAY FROM HOUSE AND BE SEEDED FOR STABLlZATION

I PROPOSED MIllGA 1l0N AREA (22,230 SF
FLOW ARROWS

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@ Ex. Rebar
@ Ex. R/W Disc
8 Ex. CM
8 Wetland Flag
~ Ex. PK Nail
.A. Stake Set on P /L
~ Fire Hydrant

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PROPOSED WOODEN
WAU<.WAY 8'x 38'

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WETLANDS AREA
12,888 SQ. FT. A.

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UPLANDS AREA
13.617 SQ. FT.

351.88'
601.86

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N/F
FRED J. BENDER
D.H. 513. PG. 38

: 1 FILL SLOPE

25'
I

NATIONWIDE #18 PERMIT
OSCAR REVERA
LOT 1 t PHASE 1 t SOUTHERN WOODS COTTAGES
KITIY HAWK DARE COUNlY - NORTH CAROUNA
100' 150'
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50'
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GRAPHIC SCALE 1"= 50'

ATLANTIC ENV//?ONAlENTAL CONSULTANTS, LLC
p.o. BO% J25~ KITTY HAH',f, Me. 27919
(252)25/-7707, e-mail roxdormantJaol.com

FILE: 05-000

REVISED: "'/15'/05

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U.S. ARMY CORPS OF ENGINEERS q=u 1/9\
WILMINGTON DISTRICT \b 0 ~~

Action ill. 200511073 County: Dare USGS Quad: Kitty Hawk ~

GENERAL PER1'\1IT (REGIONAL AND NATION\VIDE) VERIFICATION

Property Owner / Authorized Agent: Oscar Y. Revera
Address: Post Office Box 1563
Kitty Hawk. North Carolina 27949

Telephone No.: 252-475-0116
Size and location of property (water body, road name/number, town, etc.): A 1.38 acre tract (Lot 1) with wetlands (0.58
acres) adiacent to .Tean Guite Creek which flows to Albemarle Sound. located south of US 158 on Kitty Hawk
Road. Kitty Hawk. Dare County. North Carolina.
(PIN #08986611653762).

Description of projects area and activity: Fill 0.05 acres of Section 404 wetlands for the purpose of 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 Permit Number: 1J!

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 permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
111is Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
Ifthere are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 ext. 25.

Corps Regu lat my Official jjjL luM: ~.W.S.

Date: 07/18/2005

Expiration Date of Verification: 03/18/2007

m(g@(gUW@@

JUL 1 9 2005

I>age 1 of 2

. DENR - WATER QUALITY
\.'ETl.ANDSAND STORI.M'ATER SfWlCH

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Determination of Jurisdiction:

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D\;,J3ased on preliminary infonnation, there appear to be waters of the US including wethmds within the above described project area.
This preliminary detennination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).

o There are Navigable Waters of the 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 of the 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 pennit 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
detennination may be relied upon for a period not to exceed five years from the date of this notification.

!SJ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional detennination issued 6/9/2005. Action lD 200511073

.{,U.s.

Corps Regulatory Official:

Date 07/1 ~m005

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:
NC Division of Water Quality
NC Ecosystem Enhancement Program
Atlantic Environmental Consultants, LLC

I'age 2 of2

July 18, 2005

Regulatory Division

Action ID No. 200511073

Oscar Y. Revera
Post Office Box 1563
Kitty Hawk, North Carolina 27949

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

b. The Permittee shall preserve and maintain 22,230 square feet (0.51 acres)
ofDAjurisdictional wetlands identified on the applicant's property plat. The
Permittee is prohibited from performing any of the following activities within the
conservation area: Filling; grading; excavating; earth movement of any kind;
construction of roads, buildings, signs, or any other structure; any activity that
may alter the drainage patterns on the property; the destruction, mowing, or other
alteration of vegetation on the property; disposal or storage of any garbage, trash,
or other waste material; or any other activity which would result in the wetlands
being adversely impacted or destroyed. Conservation area boundary shall be
clearly marked to prevent filture inadvertent impacts.

c. Prior to beginning work authorized by this permit, the Permittee shall
execute and cause to be recorded a conservation easement prohibiting those
activities listed in condition b. above. The holder ofthis easement shall be
approved by the Corps of Engineers prior to recordation of the easement. The
Permittee shall provide the Corps of Engineers, a copy of the recorded casement
within 60 days of the recordation of the casement. The Permittee shall take no
action inconsistent with the terms and purpose of the conservation easement on
the property described therein.

d. Condition c. above runs with the land. The Permittee shall not sell, lease, or
otherwise convey any interest in the property without first providing sixty (60) days
written notice to the Corps of Engineers of the proposed conveyance. The instrument
effecting such conveyance shall include legally binding restrictions on the use of the
mitigation property as described in condition b. above, to be enforceable by the Permittee

2

as well as the U.S. Army Corps of Engineers, Wilmington District. The instrument
establishing such restrictions shall be subject to the approval of the Corps of Engineers.
The Permittee shall enforce the terms ofthe required restrictions.

e. Excavated or fill material shall not be placed in any location or in any manner so as
to impair surface water flow into or out of any wetland area.

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

Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Wescott, \Vashington Regulatory Field Office, telephone [phone],
extension 25.

Action ID Number:200511073

County:Dare

Permittee: Oscar Y. Revera

Date Permit Issued: 7/18/2005

Project Manager: 'ViIliam'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 ARl'\1Y CORPS OF ENGINEERS
'VILMINGTON DISTRICT
'VASHINGTONREGULATORY 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 worli 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: 07/18/2005

MEMORANDUM FOR RECORD

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

1. Action ill. 200511073

2. Project Name and Location: Oscar Revera, Kitty Hawk

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

a. Has applicant avoided and minimizcd impacts to the ma.ximum practicable extent? YES
If NO, Explain: _

b. Is compensatory mitigation necessary? YES

Explain: Conservation Easement on remaininl! wetlands (0.51 acres). NCF:EP will be holder of casement.

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: UiJiL' ~ ~. W. s,.
.

,

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Oscar Y. Revera I File Number: 200511073 Date: 7/18/2005
Attached is:Nationwide Permit See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may bc found at http://www.usacc.army.mil/inctlfunctions/cw/cccwo/rcg or
Corps rCQulations at 33 eFR 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 Pennit or acceptance of the LOP means that you accept the pennit in its entirety, and waive all rights to appeal the
pennit, 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
pennit be modified accordingly. You must complete Section II of this fonn 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 detennined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard 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.
. APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined penn it under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. TIlis form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
US Anny Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review Officer
Attn: William Wescott CESAD-ET-CO-R
Post Office Box 1000 U.S. 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 of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.

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

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 29,2005

DWQ Project # 05-0906
Dare County

Oscar Revera
Post Office Box 1563
Kitty Hawk, NC 27949

Subj ect Property:

Lot 1, Southern Woods Cottages, 4800 The Woods Road, Kitty Hawk

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Revera:

You have our approval, in ~ccordance with the attached conditions and those listed below, to place fill
within or otherwise impcfcf"0.06 acres,ipfwetlands for the purpose of residential construction at the subject
property, as described within your application dated May 04,2005 and received by the N.C. Division of
Water Quality (DWQ) on May 24,2005 and additional info~tion received June 22,2005. After
reviewing your application, we have decided that the impacts ~e covered by General Water Quality
Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 18
when issued by the US Army Corps of Engineers (USACE). In A,ddition, you should obtain or otherwise
comply with any other required federal, state or local permits bef6re 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 followirtg impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:

Amount Approved (Units) Plan Location or Reference
Stream na (feet)
404/CAMA Wetlands 0.06 (acres)

N.?>"{thCarolina
/VntJlrnllg

401 Oversight/Express Review PermRs Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, SuRe 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet: htlo:/Ih2o.enr.state.nc.us/ncwetlands

Oscar Revera
Page 2 of3
June 29, 2005

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamatiOh measur~~. 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 ~etlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.

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

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

5. Certificate of Completion

Upon completion of all work approved within the 40 I 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 Pennit.

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,

Oscar Revera
Page 3 of3
June 29, 2005

Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

This lettcr completcs thc revicw ofthc Division ofWatcr Quality under Scction 401 of the Clean Watcr
Act. If you havc any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Rcgional Office at 252-946-6481.

A WK/cbk/bs

Sincerely,

I~ /' /r~ j!,
L--~l-1 ~';?
,J___ u v
(AI';" W. Klimek, P.E.

Enclosurcs:

GC 3402
Certificate of Completion

I", ,~ :-

cc: Roxanne Dorman: Atl~tic Ehvirorunental, Post Office Box 3266, Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Officc
File Copy
Central Files

Filename: 5:\2005 COlTespondence\05-0906 Oscar Revera (Dare) 401.doe

USACE Action ID No.

~@,@@,u\'{/@, ~
MA'< 2 4 200S
OENR - WATER ~~rAANCH
W81..ANOS/INOYWv'l'/o.

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
D Section 10 Permit
~ 401 Water Quality Certification
D Riparian or Watershed Buffer Rules

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

Nationwide 18

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

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: D N/A

II. Applicant Information

1. Owner/Applicant Information
Name: Oscar Revera
Mailing Address: P.O. Box 1563
Kitty Hawk, NC 27949

Telephone Number: see agent info. Fax Number: see agent info:
E-mail Address: see agent info.

2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for 'the owner/applicant.)
Name: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants. LLC
Mailing Address: P.O. Box 3266
. Kitty Hawk. NC 27949

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

Fax Number: 252-261-2965

Page 1 0[8

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: Revera AEC#05-030

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

3. Property Identification Number (Tax PIN): #986611653762

4. Location
County: Dare County Nearest Town: Kitty Hawk
Subdivision name (include phase/lot number): Lot 1, Southern Woods Cottages, 4800 The
Woods Road, Kitty Hawk
Directions to site (include road numbers, landmarks, etc. Heading north on Woods Road,
iust past guard house first paved road on left Lot 1 corner of The Woods Road and paved
road.

5. Site coordinates, if available (UTM or Lat/Long): 36005'13.93'N 75043'46.46''W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Describe the existing land use or condition of the site at the time of this application:
This parcel is currently undeveloped with mature forest. adiacent lot to the north IS
developed, adiacent lot to the south is undeveloped.

7. Property size (acres):

1. 41 acres

8. Nearest body of water (streamlriverlsoundloceanllake): Jean Guite Creek

9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http]t2o\:?nr.stJt~.I1C,lljn0ciminIilJP"-.)

Page 2 0[8

10. Describe the purpose of the proposed work: Fill in Section "404" wetlands to prepare the
site for residential construction.

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

Dump tmck. front end

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

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
butTer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdiction determination has been made by William Wescott. USACE on 3-31-05. No Action
ID Number available at this time. No prior permits obtained for this lot.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this proiect.

VI. Proposed Impacts to 'Vaters of the United StatcslWatcrs of the State

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

Page 30[8

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/ no) (linear feell
1.180+ feel fi-ol11 forested "etJand and
1 Wetland fill 0.05 ac yes Jean Guile Creek riparian wetland

*

Li,t each impact separatelY anJ identil\ temporary impacts. Imp;lCts include. but are not limited to: mechanized clearing. glmlil1g. fill.
e\:caY;ltion.l1oodillg. ditch.ing/drallwge. etc. For dam'>. :-;eparatdY li,t impacts due to both ,tnlCtme and llooding.
IOO-Year 1100dplailt'> ;1n: idcntilied through the Feckral Emergency 1lanagemcnt Agen(\"s (FEMA) Flood In,ur;lIlce Rate Maps
(FIRM). or FEMA-,lpprmed 10callloodplainm;lps. 1tlpS are a,'aibhle tlU"lJllgh the FEMA M,IP Sen'ice Center at 1-800-358-9616. or
online at
List a \\dland type tlwt best describes m:tbnd to be imp,lCted / e.g.. Ji-eshwater/S<lIt,yater marsh. forested m:t1and. bea\'cr pond.
Camlllla BaY. bog. de.)

**

***

List the total acreage (estimated) of existing wetlands on the property: 0.64 acres
Total area of wetland impact proposed: 0.05 acre (0.04 riparian & 0.01 non-riparian)

2. Stream Impacts, including all intermittent and perennial streams

Stream Impact Length of A yerage Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent'?
(indicate on map) (Iine;lr feet) Before Impact (please specify)
N/A N/A N/A N/A N/A N/A

List each impact :-;eparatdy and identil" temporary impacts. Impacts include. but are not limited to: CUlyel1s and ;lssociateJ lip-l~lp.
dams (sepamtd~' li,t impacts Jue to both stnlcture anJ 11ooding). relocation (incluJe linear ket bell)re and atler. anJ net loss/gain).
stahilizntion ncti,'ities (ccment ,yall. rip-mp. crih \\',111. gabions. etc.). e\:ca\'ation. ditching/stmightenlllg. dc. If ,tream relocation is
proposeJ. plaIt'> and proliles ShO,Yi.llg the Illlear Il10tprint Il)r both the original and relocateJ streams must be lllCllllkd.
Stream names can he IlmnJ on USGS topogl'aphic maps. If a stream hns no name. list as UT (llllllamcd tributary) to the nearest
dmmstream namcd stream into \\h.ich it I1mys. USGS maps are ,n-aihlble throug.h the USGS at 1-800-358-% 16. or online at
In",' lh':'S ':'l"'. Scycral intcmet sites abo ,ll1my direct dO\\llload ;mJ printing of USGS maps (e.g.. ~~~lr2L"7\)nC C<'!1l.
~~\\\]lh!j2"~~'111. etc.).

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

Page 4 of8

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

Opcn Watcr Impact Area of Namc of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, ctc.)
N/A N/A N/A N/A N/^

*

List each ill1JXlct separately and idcntity tcmporary impacts. Impacts include, but arc not limitcd to: till, excavation, dredging,
Hooding, drainage, bulkheads, etc.

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

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

Size of watershed draining to pond: N/A

Expected pond surface area: N/ A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
TIle proposed impact was limited to a total of 0.05 acre (0.4 ac. riparian & 0.1 ae non-riparian). Wetland fill is
necessary to prepare the site for residential constmction. Wetland fill could not be avoided in order to construct a
residential dwelling with required building setbacks, parking spaces and septic system with sctbacks. Site plan is
designed to minimize wetland fill to stay within the General Pennit. Impacts wcre minimized from the original plan
to fill wetlands to cross wetlands to constmct residcntial home on highground portion back of lot. TIlis site plan
would have impacted more wetlands by requesting fill to cross wetlands and fill to mcet septic setbacks since this
highground area is smaller than the eastern highground area. Fill will have an adcquate slooc to the wetland
interf..1ce where a retaining wall will be constructed: filter cloth to be placed between the retaining wall and fill, to
prevcnt intmsion into wctlands not ocrmitted for fill.

Page 5 of8

VIII. l\litigation

DWQ - In accordance with 15A NCAC 2H .0500, mItIgation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in N0I1h Carolina, available at

'" .
'1~I~Jltil1!.

I. 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.
Compensatory mitigation proposed to offset the wetland impacts are the remaining wetlands on site
(excluding S'x 38' proposed elevated walkway to access highground) which exceeds the 10: 1 ratio for
preservation (0.57 ac.). Mr. Revera will have his title attorney prepare and record a conservation casement to
NCEEP for 0.57 acres of riparian wetlands on site.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 40l/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at lill18G!o.C}li.5t:1l~JlC\lS\\l],-:.ilidc\htl1J. If
use of the NCWRP is proposed, please check the appropriate box: on page three and provide
the following information:

Page 6 0[8

Amount of stre:mlmitigation requested (linear feet):
Amount of buffer mitjgation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetl:md mitigation requested (acres):
Amount of Coastal wetland mitigatjon requested (acres):

N/A

IX. Environmental Documentation (D\VQ Only)

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

Yes D

No [2]

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No [2]

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 [2]

x. Proposed Impacts on Riparian and \Vatershed Buffers (D\VQ Only)

It is the applicant's (or agent's) responsibility to detennine, delineate and map all impacts to required state and local
buffers associated with the project. The applicant must also provide justification for thcse 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 arc proposed to the buffers. Correspondence from the
DWQ Regional Office may be included as appropriate. Photographs may also be included at tlle applicant's
discretion.

Will the project impact protected riparian buffers identified within l5A NCAC 2B .0233 (Neuse), l5A NCAC 2B
.0259 (Tar-Pamlico), l5A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify N/ A )?
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 1 extends out 30 fect JX.1pCndicular from near bank of channel; Zone 2 extends

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

Page 7 of8

into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
l5A NCAC 2B .0242 or .0260.
No buffer mitigation required for this proiect since disturbancelfill is not within the buffer.

XI. Stormwater (DWQ Only)

Describe impervious acreage (both eXistIng and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing impervious surfaces do not exist at this time. Impervious surfaces will be limited to
house footprint. driveway and parking. Not to exceed 30% lot coverage.

XII. Sewage Disposal (D\VQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
A conventional septic system is proposed for this lot

XITI. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (l5A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact permit application'!
Yes D 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 ,\'Ork schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or
other issues outside of the applicant's control).
No constraints are currently associated with this proiect

cSX~~ %~ 5/20-0S

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

Page 8 0[8

CURRITUCK
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.. .. 351.88'
601.86

NOTES:
Lot Area = 60,263 Sq. Ft.

25'
I

FILE: 05-000

LEGEND
I PROPOSED FILL AREA (2,215 SF)

I PROPOSED MIllGA llON AREA (22,230 SF

@ Ex. Rebar
@ Ex. R/W Disc
El Ex. CM
8. Wetland Flag
~ Ex. PK Nail
A Stake Set on P /L
~ Fire Hydrant

LOT 2

--

PROPOSED WOODEN
WALJ<WAY 8'x 38'

UPLANDS AREA
13.617 SQ. FT.

.. ...
.Ilk. ..
..
WE1LANDSAREA
12.888 SQ. FT. ....

.Ilk. ....
-... ...

N/F
FRED J. BENDER
D.B. 513. PG. 38

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NATIONWIDE #18 PERMIT \
OSCAR REVERA \
LOT 1, PHASE 1, SOUTHERN WOODS COllAGES
KITIY HAWK DARE COUNTY - NORTH CAROUNA
0' 50' 100' 150'
I I I I ATLANTIC ENV/I?ONAlENTAL CONSULTANTS; LLC
GRAPHIC SCALE 1"= 50' p.o. BO% J2o~ KITTY HAH'K; MC. 27919
(252)2ol-770~ e-mail roxdonnan()aol.com

PLA TIED:

REVISED: 5/19/05

o~ WAr$1(
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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 1,2005

DWQ Project # 05-0906
Dare County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Oscar Revera
Post Office Box 1563
Kitty Hawk, NC 27949

Subject Property:

Lot #1, Southern Woods Cottages, 4800 The Woods Road, Kitty Hawk

REQUEST FOR MORE INFORMATION

Dear Mr. Revera:

On May 24, 2005, the Division of Water Quality (DWQ) received your application dated May 20, 2005 to
impact 0.05 acres of wetlands to construct the proposed resid~nce. The DWQ has determined that your
application was incomplete and/or provided inaccurate informa,tion as discussed below. The DWQ will
require additional information in order to process your application to impact protected wetlands and/or
streams on the subject property. Therefore, unless we receive the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.

Additional Information Requested:

1. Plan Details

a. Please show all wetland impacts including fill slopes on the site plan. The proposed wooden
walkway is a wetland impact. Construction of walkway could cause additional impacts due
to compaction or vegetation clearing. Please indicate how the house and driveway can be
constructed without entering adjacent wetland sized 12,888 square feet.
b. Please specify the percent of project impervious area based on the estimated built-out
conditions. Calculations for obtaining percent impervious should be shown.
c. Please indicate the diffuse flow provision measures on the site plan. Please show how runoff
from the house and driveway are entering wetland at diffuse flow velocities.

2. Mitigation

Please include a letter from EEP with their acceptance of the conservation easement for
mitigation credit.

Please respond within three weeks of the date of this letter by sending this information to me in writing
and Tom Steffens or Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will consider
the project as withdrawn.

N~'fthCarolina
IVa/llra//!!

401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh. North Carolina 27699-1650
2321 Crabtree Boulevard. Suite 250, Raleigh. North Carolina 27604
Phone: [phone] FAX [phone]/Intemet: hllp://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper

Oscar Revera
Page 2 of2
June 1,2005

This letter only addresses the application ~eview and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney at 919-733-1786
if you have any questions regarding or would like to set up a meeting to discuss this matter.

Sincerely,

~f~

Cyndi Karoly, Supervisor
401 OversightlExpress Review Permits Unit

CBK/bs

cc: Tom Steffens or Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files .
Roxanne Dorman, Atlantic Environmental, Post Offic~ Box 3266, Kitty Hawk, NC 27949
\

\

\ Filename: 05-0906 Oscar Revera (Dare) On Hold

Oscar Revera
P.O. Box 1563
Kitty Hawk, NC 27949

I, Oscar Revera authorize Atlantic Environmental Consultants, LLC (AEC) to
apply for environmental permits on my behalf, for my property located in Kitty
Hawk, Dare County, North Carolina.

o ,.
C ~Q'--' ()~~
AUTHORIZA TIO

--Y;(>/oS---
DATE

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MAY 2 4 2005

\''CTI ~.~NR - WATER QUALITY
,.. I LNlDS AAD srORllrVATER BRANCH

DWQ #05-0906 Oscar Rcvcra 401 Project

Subject: DWQ #05-0906 Oscar Revera 401 Project
From: Laurie Dennison <[e-mail]>
Date: Mon, 06 lun 2005 14:53:41 -0400
To: [e-mail]

Please see attached "hold" letter for above referenced project. Hard copy sent to
Mr. Revera via US Mail.

Laurie Dennison
NC DENR - DWQ
Wetlands-401 Unit

Content-Type: applicationlmsword
05-0906 Oscar Revera (Dare) On Hold.doc
Content-Encoding: base64

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6/6/2005 2:56 PM

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DWQ# oSOC\ 0 v

Date~ 2v,200S

Who Reviewed: C6

Plan Detail Incomplete

o Please provid'e a location map for the project.

o Please show all stream impacts including all fill slopes, dissipaters. and bank stabilization on the site plan.
'~
~ Please show all wetland impacts including fill slopes.on the site plan. 1~ t \JYlJr 0 s (. (\ \rJOO (\(0. ' \\j ^- \ \( W f.\. ~ ' .L.,
(j. \~t \'\L\\'\L\ \ ffill(\l \-. (u\\) m~ l nco Or \t.J (\ \K,\'\)I.\-\.} ({f\\, \(\ ((\lt~e, a. {lc\ \1, lr(~ \ d'n r a l h, C\ "u: lU
o Please indicate all bUffer impacts on the site plan. COffiEcll \i Cf\ 0 i \J v,e h'l1-\ 0(\ L\ e. l\. (i~. P\ ws c \ \
. \t\l,l\~ \; t nU\~e. C\.\~ (~\'J\ -J e \\'.i)..-J ~(U, De 001\S -\-(Ill t~ ~
o Please indicate proposed lot layout as overlays on the site p an. . l.-\ L l.-' I, \... 0 L\ \
\-J\\:\\f\\.'l e.'(\,e..'{,~ c\.C.\(\.(({\, \\h, Cl\\(i
o Please indicate the location of the protected buffers as overlays on the site plan. S, l-H'(..J \ L I 8\) (l ::, (0 J-\ .

o

o

o

o

o Please provide detail for the stormwater management practices as required by GC .

~ Please specify the percent of project imperviousness area based q,n the estimated built-out conditions. CC\ \ <- ~\. ~l\. -h\ ~(\,) t,lX
O\:J'\t\\\\\\~'\ ~UC.('(\\ \\\'\yU'i'u\,lS ~\H'\\.\'A \Je S~Hl^J(\.
o Please indicate all stormwater outfalls on the site plan. \J

0" Ple~e indicate the diffuse flow provision measures on the site plan. 1\ f-~~~, ,.-S \\ f)\J \\ (j W (\~ "- 0 ~ ~ hu 0\ n (\..~ e .1'
d-\'\H\\)C\.'I O-~ld eX\-\'t\,\C\c\ ~\J<'\-\C\l'\(\ C\t (,{\~h\3.'( {\0f'.l \J~ '\JLdie..~
o Please indicate wh~ther or no~ the proposed unpacts already been conducted. ' I ,:

Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.

Please provide cross section details showing the provisions for aquatic life passage.

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

Please locate any planned sewer lines on the site plan.

Please provide the location of any proposed stormwater management practices as required by GC

Avoidance and/or MiIiimlzation Not Provided

I'!

o The _labeled as _ on the plans does not appear to be necessary. Please eliminate the _ or provide ailDitional .
information as to why it is necessary for this project. i, '. '.

o This Office believes that the _labeied on the plans as
. Please revise the plans to avoid the impacts.

can be moved or reconfigured to avoid the impacts to the

can be moved or reconfigured to minimize the impacts to the

o This Office believes that the _labeled on the plans as
. Please revise the plans to minimize the impacts.

o The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.

Other

The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.

Please complete Section(s) on the application.

Please provide a signed copy of the application.

Please provide _ copies of the application, _ copies of the site plans and other supporting information.

Mitigation

of compensatory mitigation is required for this project. .prease provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.

"p Please indicate which 404 p,ermit the US ACE would use to ,uth~~e this project.
G1' pI wSt \ III \~d e 0. \ ( \\ef frcffi ECEi' ,';1~~ ,~--. ,\ I Cllll \,hf1.l t 0 ~ \-\,c (tJf\sty'i" n e(\
((tSOl'U\t-, ..L\ 'N'\ exu\,t.