20050975 Ver 1_Complete File_20050606

Action ID, 200511462

County: Dare

USGS Quad: Manns Harbor

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u.s. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

GENERAL PERMIT (REGIONAL AND NATIOMVIDE) VEIUFICATION

Property Owner / Authorized Agent: Tomnw Twiddy
Address: Post Office Box 209
Manns Harbor, North Carolina 27953

Telephone No.: _
Size and location of property (water body, road name/number, town, etc.): Property contains 1.26 acres located on the
west side of US Highway 64 business across from the post office in Manns Harbor, Dare County, North Carolina,
PIN # 975916746169 and 975916745299.

Description of projects area and activity: Proiect is authorized to fill 3,420 Sfluare feet (0,08 acres) of Section 404
wetlands for residential development.

Applicable Law: ~ Scction 404 (Clean Water Act, 33 USC 1344)
D Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pennit Number: _
Nationwide Pennit Number: 18

Your work is authorized by the above referenced penn it 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
pennittee to a stop work order, a restoration order and/or appropriate legal action,
This verification will remain valid until the expiration date identificd below unless the nationwide authorization is modified,
suspcnded or revoked. If, prior to the expiration date identified below, the nationwide pcnnit 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 pennit. If the nationwide pennit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the tenns and conditions of the nationwide penn it, activities which have commenccd (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide pennit, will remain authorizeQ 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 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 Anny verification does not relieve the pennittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
Ifthere are any questions regarding this vcrification, any of the conditions ofthe Pennit, or the Corps ofEl1gineers regulatory
program, please contact William Wescott at 252-975-1616 extension 25,

Corps Regulatory Official j}JJL ( W~ ?, {,ll, 'S, Date: 07/1812005
I

Expiration Date of Verification: 03/18/2007

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JUL 2 1 2005

DENR - WATER QUALITY
WETl).NDS mD STORMWATER BRANCH

Page 1 Df2

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t", ' D.- Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area,
: ,.~ \ This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
........
<~ (Reference 33 CPR Part 331).

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Determination of Jurisdiction:

D There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 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.

[g] There arc waters ofthc US and/or wctlands within the abovc describcd projcct area subject to thc permit requirements of Section
404 ofthc Clean Watcr Act (CW A)(33 USC ~ 1344). Unlcss therc is a changc in the law or our published regulations, this
detcrmination may bc rclied upon for a period not to exceed five ycars from thc date ofthis notification.

D Thc jurisdictional areas within the above described project area have been identified W1der a prcvious action.Plcasc referencc
jurisdictional detcrmination issued _' Action ill _

Corps Regulatory Official:

.s.

Date 07/18/2005

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

Copy Furnished:
NC Division of Water Quality
Atlantic Environmental Consultants, LLC

Page 2 of2

Action ID Number:200511462

County:Dare

Permittee: Tommy Twiddy

Date Permit Issued: 7/18/2005

Project Manager: \Villiam \Vescott

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

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

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

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

Signature of Permittee

Date

CESAW-RG-W

DATE: 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. 200511462

2. Project Name and Location: Tommv T\viddv-Manns Harbor. Pecan Grove

3, Mitigation [Section 404(b)(1) Guidelines],

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

b, Is compensatory mitigation necessary? NO

Explain: The wetland area beinl! impacted is part of a well maintained yard and provii.les no aQuatic
habitat functions,

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: _

corpSRegUlaIOryOffiCial:_WJL ~ p. W.S,
,

JURISDICTIONAL DETEIU.1INA TION
U.S. Army Corps of Engineers

Revised 8/13/04

DISTRICT OFFICE: CESA W-RG-W
FILE NUMBER: 200511462

PROJECT LOCATION INFORJ\L\TION:
State: NC
County: Dare
Center coordinates of site (latitude/longitude): 35.8897 N 75.7660 W
Approximate size of area (parcel) reviewed, including uplands: 1.26 acres.
Name of nearest waterway: Croatan Sound
Name of watershed: Pasquotank River Basin

JURISDICTIONAL DETERJ\IINA TION
Completed: Desktop determination
Site visit(s)

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Date:
Date(s): 5/4/2005

Jurisdictional Determination (JD):

o Preliminary JD - Based on available information, 0 there appear to be (or) 0 there appear to be no "waters of the United States" and/or
"navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 33 I).

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

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

[S] There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 0.30.

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

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

B.
o
o
o

Waters defined under 33 CFR part 328,3(a) as "waters of the United States":
(1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are sub~eet to the ebb and flow of the tide.
(2) The presence of interstate waters including interstate wetlands,
(3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could afIect interstate
commerce including any such waters (check all that apply):
o (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
o (ii) from which fish or shellfish arc or could be taken and sold in interstate or foreign commerce.
o (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4) Impoundments of waters otllerwise defined as waters of the US.
(5) The presence ofa tributary to a water identified in (1) - (4) above.
(6) The presence ofterritorial seas.
(7) The presence of wetlands adjacent2 to otller waters of the US, except for those wetlands adjacent to other wetlands.

o
o
o
o

Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above), If the jurisdictional water or wetland is not
itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(J) or B(3) is used as the Basis of
Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is
navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4,5 or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. If B(7) is used as the Basis of Jurisdiction, document the rationale used to
make adjacency determination: Area meets the three criteria specified in the 1987 USACE Wetland Delineation Manual and is part ofa broad
continuum of wetlands adjacent to Croatan Sound.

Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and329)
o Ordinary High Water Mark indicated by: .0 High Tide Line indicated by:
o clear, natural line impressed on the bank 0 oil or scum line along shore objects
o the presence oflitter and debris 0 fine shell or debris deposits (foreshore)
o ehanges in the character of soil 0 physical markings/characteristics
o destruction of terrestrial vegetation 0 tidal gages
o shelving 0 other:
o other:

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

t2l Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Atlantic Environmental
Consultants, LLC

Basis For Not Asserting Jurisdiction:
o The reviewed area consists entirely of uplands.
o Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
o Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
o The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
o Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
o Artificially irrigated areas, which would revert to upland ifthe irrigation ceased.
o Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
o Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
o Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water
meets the definition of waters of the United States found at 33 CFR 328.3(a).
o Isolated, intrastate wetland with no nexus to interstate commerce.
o Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
o Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
o Other (explain):

DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
1Sl Maps, plans, plots or plat submitted by or on behalf of the applicant.
o Data sheets prepared/submitted by or on behalf of the applicant.
t2l This office concurs with the delineation report, dated 6/6/2005, prepared by (company): Atlantic Environmental Consultants, LLC
o This office does not concur with the delineation report, dated , prepared by (company):
D Data sheets prepared by the Corps.
o Corps' navigable waters' studies:
o U.S, Geological Survey Hydrologic Atlas:
[8J U,S. Geological Survey 7.5 Minute Topographic maps: Manns Harbor
o U.S. Geological Survey 7.5 Minute Historic quadrangles:
o U.S. Geological Survey 15 Minute Historic quadrangles:
[8J USDA Natural Resources Conservation Service Soil Survey: sheet 5
o National wetlands invcntory maps:
o State/Loeal wetland inventory maps:
o FEMA/FIRM maps (Map Name & Date):
o 100-ycar Floodplain Elevation is: (NGVD)
o Aerial Photographs (Name & Date):
o Other photographs (Date):
o Advanced Identification Wetland maps:
[8J Site visit/determination conducted on: 5/4/2005
o Applicable/supporting case law:
o Other information (please specify):

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

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

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Tommy Twiddy I File Number: 200511462 Date: 7/1812005
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 [U1d options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.annv.mil/inetJfunctions/cw/cecwo/rcg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
. ACCEPT: If you received a Standard Pennit, you may sign the pennit document and return it to the district engineer for final
authorization, If you received a Letter of Pennission (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 tenns and conditions, and approved jurisdictional detenninations associated with the pennit.
. OBJECT: If you object to the penn it (Standard or LOP) because of certain tenns and conditions therein, you may request that the
pennit be modified accordingly. You must complete Section II of this fonn and return the fonn to the distTict engineer, Your
objections must be received by the district cnginecr within 60 days of the date of this notice, or you will forfeit your right to appeal
the pennit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
penn it to address all of your concerns, (b) modify the pennit to address some of your objections, or (c) not modifY the pennit
having detennined that the pennit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered pennit 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 Penn it, you may sign the pennit document and return it to the district engineer for final
authorization, If you received a Letter ofPennission (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 penn it in its entirety, and waive all rights to appeal the
penn it, including its tenns and conditions, and approved jurisdictional detenninations associated with the pennit.
. APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain tenns and conditions therein, you
may appeal the declined penn it under the Corps of Engineers Administrative Appeal Process by completing Section II of this fornl
and sending the fonn to the division engincer. This fonn 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 pennit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this foml and sending the fonn to the division engineer. This fonn must be received by the division engineer
within 60 days ofthe 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 fonn to the division engineer, This fonn 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 ofthe administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record, However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
US Army Corps of Engineers Mr, Michael F, Bell, Administrative Appeal Review Officer
Attn: William Wescott CESAD-ET-CO-R
Post Office Box 1000 U,S, Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 9M15
252-975-1616 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course 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
V,S. Army Engineer Division, South Atlantic
60 Forsyth Street, 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

June 10,2005

DWQ Project # 05-0975
Dare County

Tommy Twiddy
Post Office Box 209
Manns Harbor, NC 27953

Subject Property:

Lots 2 & 3, Pecan Estates, Manns Harbor

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Twiddy:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0,08 acres of wetlands for the purpose of commercial construction at the
subject property, as described within your application dated June 1, 2005 and received by the N.C,
Division of Water Quality (DWQ) on June 6, 2005. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402), The
Certification(s) allows you to use Nationwide Permit(s) 18 wh~!1 issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwis~ 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
Site #1, PCN form

N~rmCarolina
/Vlltllmlllf

401 OversighVExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet http://h2o.enr.stnte.nc.us/ncwetlands

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

Tommy Twiddy
Page 2 of3
June 10,2005

"

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 Nortli 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 ofthe North Carolina Sediment and Erosion Control Manual, The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c, For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual,
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

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

\
No waste, spoil, solids, or fill of any kind shall occur in Wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Prc-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,

6, Written Storriiwater Management Plan (Final Plan Needed)

The following condition shall apply if the impervious area of the entire, built-out project meets or
exceeds 30% including but not limited to, commercial areas, multi-family, clubhouses,
maintenance areas, etc, Where a State Stormwater Permit (in accordance with 15 A NCAC 2H
.1000) is required, this permit may be considered to meet this condition,

A final, written stormwater management plan (including a signed and notarized Operation and
Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit

Tommy Twiddy
Page 3 of3
June 10, 2005

(2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60 days of the issuance of the 401
Water Quality Certification, The stormwater management plans shall be approved in writing by
this Office before the impacts specified in this Certification occur per Condition No, 4 in GC No,
3402, You have the option of using the Express Review Program for expedited approval of these
plans, If you propose to use the Express Review Program, remember to include the appropriate
fee with the plan, The stormwater management plan must include plans, specifications, and
worksheets for stormwater management facilities that are appropriate for the surface water
classification and designed to remove at least 85% TSS according to the most recent'version of
the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by the
Division of Water Quality, Also, before any permanent building is occupied at the subject site,
the facilities (as approved by this Office) shall be constructed and operational, and the stormwater
management plan (as approved by this Office) shall be implemented. The structural stormwater
practices as approved by this Office as well as drainage patterns must be maintained in perpetuity.
No changes to the structural stormwater practices shall be made without written authorization
from the Division of Water Quality,

V iolations 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 \vith the approved wetland or
stream impacts), you may ask for an adjudicatory hearing, You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714, This certification and its conditions are final and binding unless you ask for a
hearing,

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.

A WK/ cbklbs

Sincerely,

~. J/ _}"
I( c~ 7J
r'-' Al n W, Klimek, P,E,

Enclosures:

GC 3402
Certificate of Completion

cc: Roxanne Dorman, Atlantic Environmental, Post Office Box 3266, Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files

Filename: 05-0975 Tommy Twiddy (Dare) 401

I 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.

I.

Processing

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

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

Nationwide 18

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

II, Applicant Information

1. Owner/Applicant Information
Name: Tommy Twiddy
Mailing Address: P.O. Box 209
Manns Harbor. NC 27953

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 10f8

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: Twiddy AEC#05-036A

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

3. Property Identification Number (Tax PIN): #975916746169 (Lot 3) #975916745299 (Lot 2)

4. Location
County: Dare County Nearest Town: Manns Harbor
Subdivision name (include phase/lot number): Lots 2 & 3. Pecan Estates, Manns Harbor
Directions to site (include road numbers, landmarks, etc. Heading to Manns Harbor from
East Lake on Hwy 64. at Intersection on Shipyard Road (Old Hwy 64) head north (left at
flashing light). Lots 2 & 3 are located on the left. adiacent to Old Manns Harbor Road and
iust north of the Manns Harbor Post Office. Pecan Lane (left of Hwy 64) runs along the
southern property boundary of Lot 3.

5. Site coordinates, if available (UTM or Lat/Long): 35053'20.39"N 75045'57.63"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Describe the existing land use or condition of the site at the time of this application:
Lot 2 is developed (a single-family residential dwelling): Lot 3 is undeveloped (mature
grassed lawn and pecan trees). Adiacent to this parcel are developed single-family
residential dwellings. undeveloped forested land and post office.

7. Property size (acres):

1.26 acres

8. Nearest body of water (stream/river/sound/ocean/lakc): Croatan Sound

9. River Basin: Pasquotank River Basin

Page 2 of8

(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hllp:h_:::(\enr't:tt~IlCUS:l~tl1JiD.1JlilP..i_.)

10. Describe the purpose of the proposed work: Fill in Section "404" wetlands to prepare the
site for commercial construction (apartment complex with parking and wastewater system).O

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

Dump tmck, frontend

12. Describe the land use in the vicinity of this project: undevelopedlresidential and commercial

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.
Jurisdiction determination has been made by William Wescott. USACE on 5-4-05. 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 Waters of the United StateslWaters of the State

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

Page 3 of8

Wetkllld Impact Area of Located within Distance to
Site Number Type of Impact* Impact IOO-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) tacres) (yes/ Jlo) (linear feet)
-800 feet from Non-riparian wetland
1 Wctland fill 0.08 ac ycs Croatan Sound Maturc grassed !;mn

*

List erlch impact separately rlnd identi1~. temporrlry imprlcts. Impacts include. but are not limited to: mechanized clearing. g.mding. lill.
excmation. 1100ding. ditching/drainage. etc. For dams. separately list impacts due to both stl11clure and flooding.
!On-Year 1100dplaim are identified tlmmgh the Federal Emergency M:uwgement Agency's (FEIvIA) Flood Insur:ll1ce Rate Maps
(FIRM). or FE11A-approyed locallloodplain maps. Maps rlre a\'ailable IImmgh the FE11A M:1p Senice Center at 1-8(){J-358-96 16. or
online at 11.lir/;\\'\\\ t~'I1I;' '-'t.\.
List rl \\ethUld type that best describes \\etland to be imprlcted (eg.. freshm1ter/Srllt\\akr marsh. tixeskd \\elland. beaver pond.
Carolina R1\'. bog_ dc.)

**

***

List the total acreage (estimated) of existing wetlands on the property: 0.30 acres
Total area of wetland impact proposed: 0.08 acre

2. Stream Impacts, including all intermittent and perennial streams

Stream Impact Length of A\'eragc Width Percnnial or
Site Number T)'}Jc of Impact* Impact Strcam Namc** of Stream Intermillent?
(indicate on map) (linear feel) Before Impact (please specify)
N/A N/A N/A N/A N/A N/A

List each impact sejl:mltely and identit~. tempomD' impacts. ImpJcts include. but Jre not limiteJ to: cuhelis ami rlssociated lip-rap.
dams (separately list impJcls due to both strllctme alllll1ooding). relocation (include linear teet before ami Jller. and net losslgrlinl.
stJbiliz..1tion Jcti\'ities (cement \\TIll. rip-rap. crib \\'rlIL gabions. dc.). cxca\'atioll. ditching/straightening. etc. If stre~ll11 rc!ocrltion is
proposed. plans rlnd protiles shO\ying the linear tlmtprint tlX both tile original .md relocated streams must be included.
Stream nml1es can be found on USGS topographic maps. If rl stream has no name. list as UT (l11Ulamed tributrlD.) to the nearest
dO\\1lstremn named stream into \\hidl it 110\\s. USGS IlWpS are a\'rlilable IIrrough the USGS at 1-800-358-9616. or O1lline at
'<'lnY11''.'S '-'''v. Seyeral intemd sites also allo\\ direct dO\\1lload and printing of USGS maps (e.g.. ,<,,,"y l"1'<170I1e com.
\n\w IllJPllUl>t (('Ill. dc.).

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.

Open Water Impact Area of Name of Waterbody Type of Water body
Site Number Type ofImpact* Impact (Iakc, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bav, ocean. etc.)
N/A N/A N/A N/A N/A

.

List each imJXlct separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
f100ding, drainage, bulkhC41ds, 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): 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 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.
The proposed impact was limited to a total of 0.08 acre. Wctland fill is necessary to prepare the site for
commercial constmction (apartment complex with adeQuate parking and wastewater system). Wetland fill could
not be avoidcd in order to constmct a commercial building with reQuired building setbacks. parking spaces and
wastcwater system with setbacks. Site plan is designed to minimize wetland fill to stav within the General Pennit.
Fill will have an adCCluate slope to the wetland intert:1ce where filter cloth will be placcd between the fill and
wetland. to prevent intmsion into wetlands not pennittcd for fill.

Page 5 of8

VIII. Mitigation

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

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
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: rcducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
l1l1n~~_h2(). enr. stQle. nU~ScJE;~et Lrrllilsistr01Qidelllml

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), affectcd strcam and river basin, type and amount (acreage/linear feet)
of mitigation proposed (rcstoration, 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 is not proposed for this application due to the fact that the entire designated
wetlands on this site has been a maintained grassed Im\1l for 30+ years which docs not support a significant
amount of wetland vegetation or habitat that a natural wetland would suPPOrt. therefore. mitigation is not
proposed for the proposed filling activity in the existing altered wetland.

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 40lfWetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2ocnr.statcncIIs/\lm'indc:\htJ1l. If
lIse of the NCWRP is proposed, please check the appropriate box on page three and provide
the foHowing information:

Page 6 of8

Amount of stream mitigation requested (linear feet):
Amount ofbulTer mitigation requested (square feet):
Amount of Riparian wetl:md mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

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 [g]

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

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 [g]

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

It is tllC applicant's (or agent's) responsibility to detennine, delineatc and map all impacts to required statc and local
bulTcrs associated "ith tllC project. Thc applicant must also provide justification for these impacts in Scction VII
abovc. All proposed impacts must be listed herein, and must be clearly idcntifiable on tllC accompanying sitc plan.
All buffers must bc shown on a map, whether or not impacts arc proposed to thc buffers. Correspondencc from the
DWQ Regional Officc may bc included as appropriatc. Photographs may also bc included at the applicant's
discretion.

Will tlle project impact protected riparian bulTers identified within 15A NCAC 2B .0233 (Neusc), 15A NCAC 2B
.0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply BulTcr Requirements), or othcr
(please identify N/ A )'1
Yes 0 No r8l If you answered "yes", providc the following infonnation:

Identify thc square fcet and acreagc of impact to each zone of thc riparian buffers. If buffer mitigation is required
calculate the required amount of mitigation by applying tllC buffer multiplicrs.

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 ex1ends out 30 feet perpendicular from near bank of cl1aJUlcl; 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

Pagc 7 of8

into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B .0242 or .0260.
No butTer mitigation required for this proiect since disturbancelfill is not within the butTer.

XI, Stormwater (D\VQ Only)

Describe impervious acreage (both eXlstmg 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 surface is a single-family residential dwelling (-1.216 s.f.). Impervious
surf.1ces will be limited to commercial building. driveway and parking. Not to exceed 30% lot
coverage.

xu. 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 with a repair area is proposed for this lot

XIII. Violations (D\VQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any ButTer Rules?
Yes D No [g]

Is this an after-the-fact permit npplication?
Yes D No [g]

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advance of desired construction
datcs to allow proccssing time for thcse pcrmits. However, an applicant may choose to list constraints
associatcd with construction or sequencing tl1at may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and 1brcatencd Species, accessibility problems, or
other issues outside of the applicant's control).

G=a5:i1h:: Co-I-OS

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

Page 8 of8

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VICINITY MAP
N.T.S.

LEGEND

PROPOSED FILL AREA (3.420 SF)

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PROPOSED
APARTMENT BUILDING

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PROPOSED PROPOSED
DRAIN FIELD LLP
REPAIR AREA WASTEWATER
DRAIN FIELD

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NATIONWIDE #18 PERMIT
TOMMY TWIDDY

30'
I

MANNS HARBOR
o' 60' 120'
I h I
GRAPHIC SCALE 1"= 60'

DARE COUNlY - NORTH CAROUNA
180'
I . ATLANTIC ENY/I?ONIIENTAL CONSULTANTS, LLC
p.o. BO,( J2o~ KITTY HAWIr; MC. 27;1;
(252)2ol-770~ e-mail roxdormantJaol.com

FILE: 05-036A

OATI:: 5/31/05

RE\1SED:

11111::1 UlIIl,l:: IVII::IIIU

lMf]~mJU@

Date: 2-22-05
To: John Dorney

Cc:

From: Roxanne Donnan, Atlantic Environmental Consultants, LLC
RE: Tommy Twiddy - Lots 2 & 3, Manns Harbor, Dare County

I just wanted to drop you a note to let you know why compensatory mitigation was
not included in this application.

I met with William Wescott on this site last month and he said he would accept the
fill application without compensatory mitigation, since the wetland area had been
altered for over 30 years and was a maintained grassed lawn.

Please do not hesitate to call me if you have any questions 261-7707.

(Twiddy Scope of Services - pg. 2)

The fee for AEC to accomplish this scope of services will be~ This fee
does 'not include application fees. If you decide to retain AEC for the above
services, please provide a-" which will be applied to the final
invoicing, and sign at the bottom of this document so that we may commence
work, Weekly invoices for services rendered will be due upon receipt. Any
unpaid balance aged 30 days or more shall be subject to a service charge of
1,5% per month until paid in full. including the service charge. Should a work
stoppage be caused, for a non payment, as described above, work shall not
proceed until satisfactory arrangements have been made between the signers of
this agreement.

G::~

Roxanne.D, Donnan
Atlantic Environmental Consultants, LLC

AUTHORIZATION TO.PROCEED

MOL~
Signature

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Date

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