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HomeMy WebLinkAbout20051179 Ver 1_Complete File_20050629Certificate of Completion DWQ Project No.: 067?/ Z -7 1 County: I {. rt° . Applicant: U e l/P &2 C{ l -Cy Project Name: , e, ?41 ep a rd 0 boil e Date of Issuance of 401 Water Quality Certification: J d Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, e?pQ rU(, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the ?r^?^,(?(5 n? approved plans and specifications, and other supporting materials. w v pc L Signature: Q?t Date: AU11 17 NO Agent's Certification DENR-WATER 00,%"T`( WETIhmS AND STQROAT LR BRANCH hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No.: Date: O?O? W A T 411?qQG C un 7 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources August 8, 2005 Ms. Sue K. Shepard 5304 Challedon Drive Virginia Beach, VA, 23462 Subject Property: 987306-47-7779 Colington Creek, 30-19-1, Class SC Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Shepard: Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 05-1179 Dare County You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.10 acres of wetlands for the purpose of residential fill at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on June 29, 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 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/CAMA Wetlands 0.1 (acres) PCN form 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: 919-733-1786 / FAX 919-733-6893 / Internet htto://h2o.enr.state.nc.us/ncwetlands On- r Carolina No An Equal Opportunity/Affirmative Action Employer- 50%a Recycled/10% Post Consumer Paper Ms. Sue K. Shepard Page 2 of 3 August 8, 2005 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, ,operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. 1 Ms. Sue K. Shepard Page 3 of 3 August 8, 2005 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of 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 or Ian McMillan in the Central Office in Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. AWK/cbk Enclosures: GC 3402 Certificate of Completion cc: USACE Washington Regulatory Field Office DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Sincerely, 1 '/ jr?-ad Alan W. Klimek, P.E. Filename: 051179Shepard(Dare)401 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 5 117 (ir any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. H. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ? Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:— _ f 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 1. Owner/Applicant Information 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details , check he?C Applicant Information 3 Mailing JUN 9, 9 2005 Telephone Number:1.5'7-5 j -'2 9"CFax Number: E-mail Address: 2. O Telephone Number: E-mail Address: Fax Number: 45Y - Page 5 of 12 Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached lipe Agent has signato?authority for the owner/applicant.) Name: ? Comnanv Affilintinn- 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 proj 2. T.I.P. Project Number or State Project Number (NCDOT Only 3. Property Identification Number (Tax PIN): q Y 7,3,o 6 --?z 7 -- 7 7 7? 4. Location ` / I l County: ? G n Nearest Town: 1z;/ / 1 /\! <S Subdivision name (include phase/lot number): Directions to site (inclVde road numbers, landmarks, etc.): F-MtY_1_ wostnh a6/l'hatnn Rd.: rh ?oe4A ©n no -t"he- Ie- -?F - eL -ta/1 I--ee h `zv wts e 5. Site coordinates (Lat/Long or decimal degrees): s- S (Note - If project is linear, such as a road or utility line, attach a sheet hat separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): S ?. 7. Name of nearest receiving body of water: d / / l?l G l' f7 lie. L° A)- River Basin: 5 G I Le- (Note - this must be one of North Carolina's seventeen de ated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the at the time of this application: land use in the vicinity of the project Page 6of12 IV. V. 10. Describe the overall,project in detail, including the type of equipment tq bCL? 0 11. Explain the purpose. of the oPosed work: r) f /? / P _?.-?__ f3 7> 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 buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for pn r se ments of the same T.I.P. project, along with construction schedules. f • I/ e_ j? Z fir. - d c' d l 0 6f1 r e r-4 i /7a G'?>,n /. `r a . `D Pi c2 A 2 no ? /4,7 6 q In Future Project Plans ?J 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. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. Page 7 of 12 N.. . 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain (es/no Distance to Nearest Stream linear feet Area of Impact (acres) L PZ7 ^' i" Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property:" a) n.,? o n&- -fcf `rfli 6-P a j,-2 CzCr-c? , 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Total Stream Impact (by length and acreage) Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the 'U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Nameof Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the Droiect: Stream Impact (acres): Wetland Impact (acres): Q , -Open Water Impact acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. 0 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. i A? Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/newetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at hqp://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): ______ Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): 6,2- Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No I 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 (919) 733-5083 to review current thresholds for. environmental documentation. Yes ? No 19 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? 2. If "yes", 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 multinliers. * I Impact I Re f Zone (square feet) Multiplier m4" ed 2 Total Zone 1 extends out 30 feet perpendice additional 20 feet from the edge of Zone 1. 3 (2 for Catawba) 1.5 from the top of the near bank of Zone 2 extends an 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds .20%, please provide calculations demonstrating total proposed impervious level. Wq P _ / vYi PP /" V n /,/ S XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes A No ? Is this an after-the-fact permit application? Yes VN No ? MV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes El No 0 If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.us/newetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent'e?,Siguature ? Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 J EXEMPT DARE COUNTY TAX LLECTOR No. _ 3 70- STATE OF NORTH CAROLINA COUNTY OF DARE Filed Book: 1430 Pass: 6 Doo Id: 6066027 07/01/2002 09:13AM Re 55567 pd: $0.00 Doo Coda: BNDRY- NO BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC iuiumuiuumuuuumiiiiuiiuuimuuuiii o;°a;°?=;.,v. Prepared by: Linda H. McCown Return to: Linda H. McCown BOUNDARY LINE AGREEMENT THIS BOUNDARY LINE AGREEMENT, made and entered into this the Zlth day of Jule, 2002, by and between Brian G. Mead, and wife, Natasha Mead, party of the first part; and Harry M. Shepard, and wife, Sue K. Shepard, party of the second part; The designation party of the first part and party of the second part as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT WHEREAS, the parties of the first part and parties of the second part are owners of adjacent parcels of land situated on Colington Island, Atlantic Township, Dare County, North Carolina; AND WHEREAS, party of the first part's parcel is described in Deed dated June 17, 1999 and duly recorded in Book 1274, at Page 345, Dare County Public Registry; AND WHEREAS, party of the second part's parcel of land is described in Deed dated the 4th day of J v , -1989 and duly recorded in Book 612 at page 72, Dare County Public Registry; AND WHEREAS, the said parties do hereby agree to that there is an unknown gap of land between their adjoining parcels; AND WHEREAS, the said parties hereto do agree and stipulate that the boundary line as shown on plat recorded in Plat Cabinet E, Slide 610, correctly describes the boundary line between the parties: BEGINNING AT A SET IRON ROD designated as "A" on the aforementioned plat, said point being the southeastern corner of Lot 2 of the Brian G Mead Subdivision, said point also being the northeastern corner of Lot 1, of the Williams Colington Estate as shown by plat recorded in Map Book 4, at Page 41; THENCE FROM SAID BEGINNING POINT N 65 deg. 20 min. 30 sec. W a distance of 161.70 feet to an existing iron pipe, said iron pipe being designated "B" on said plat, thence N 22 deg. 00 min. 19 sec. E 5.35 feet to a calculated point, thence along a line designated L4 with a length of 41.87 and bearing N 65 deg. 37 min. 20 sec. West to an existing iron rod, said iron rod being the southwestern comer of Lot 2 of the Brian G. Mead Subdivision and the southeastern corner of Lot 1 of the Williams Colington Estate Subdivision; NOW, THEREFORE, for and in consideration of the ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, and the mutual covenants and premises herein contained, the parties agree as follows: That the boundary line existing between the parties shall be as described herein and as shown on Plat recorded in Plat Cabinet E, at Slide 610. J iminmuuiiumiiuumiiiumiuumiumiii 6068027 The said parties of the first part do hereby release and quitclaim unto the said parties of the second part all rights, title, claim, and interest in and to all the lands in which he has any interest whatsoever lying to the south of the aforesaid agreed boundary line; The said parties of the second part do hereby release and quitclaim unto the said parties of the first part all rights, title, claim, and interest in and to all the lands in which he has any interest whatsoever lying to the north of the aforesaid agreed boundary line. IT WITNESS WHEREOF, the said parties of the first part and the parties of the second part have hereunto set their hands and seals this the day and year first above written. (SEAL) Brian G. Mead (SEAL) Natas a Mead EAL) Harry M. S pard (SEAL) Sue K. Shepard STATE OF , COUNTY OF pare- I, a Notary Public of the County and State aforesaid, do hereby certify that Brian G. Mead, and wife, Natasha Mead, personally appeared before me and acknowledged the due execution of the foregoing instrument. +L 11mirl and al seal this the ?Z-g day of re- 2002. OFFICIAL SEAL ` North Carolina • Dare County ?r iF VIRGINIA G. GATES Not Public NOTARY PUBLIC Notary / T STS 4I'-;-_. My commission expires: g' L /QZ 76 STATE OF COUNTY OF61-3, I, a Notary Public of the County and State aforesaid, do hereby certify that Harry M. Shepard, and wife, Sue K. Shepard, personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the a7 day of 4Vf- , 2002. % ?.FHe•foregoing certificate of Notary Public Joan Corcoran ....... ($EAL=STAMP) My commission expires: 3/ ?d ?0 is'certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof t"Wa "YI ?_ REGISTER OF DEEDS FOR DARE COUNTY Deputy/Assistant Register of Deeds } - ? ?ICW ot? ?atv+?(tt.Y • ?IP _ GAMI EL /Dp.pD? 1 .O 7 w r wCT 4nA N i 3 ncT '? '„ V wA-mR LAMS, M y?l?eµ sq. FT. 19,395 •j 2 GRi7. 0.L. H 3' + ?... arlp /P cX. w L. ° JUN ?, 9 2005 ?7lP. ? /ao.7CS -. 'M ito V1, /0" A Wll jl ^S WIVE 1`r'ETUJNDD PJ.'D G i Ci t"d'r'Ii,Ti;,E; ep,Ar;CN N pa"M FU .& x.lP. va.ss' 4( O 6Gr.to" ExnQ?t /X. n4?h .? ?sX. G5P1? Rev .'•'?"' ,r. DU (315-0 1?6v /- I, F KICNARV QUIFSI.F , R.L.S., certify that this plat was drawn from on actual field land survey; Af that the error of closure as calculated by latitudes and departures is 1:10, 000; that it was prepared N•C?Q??? ?J •??GISTERF? 9 In accordance with G.S. 47 - 30 as amended. • Witness my hand and seal this 261M day of A. D. 19?. ? • SXL 9 L-1 157 0q-: w f .v AN 0 .?1'p SUR14 R?rHAkD•QJ . lr L-1157 momommoommommmmmw? SUKtiVrSD FaK STEVE WAfUY EILEEN C.F. 1ARZY LOT, I IAALLIAMS C.OUKq= ESTATES AlwimC TDtomviIP Mn COLX 'TY MOM CAMILtttA. DATE: &MIL 23 RR I964 SCALE: bS-f?-GB 'F?. IDzJ f?l•3-1-y Quible and Associates, In Consulting Engineers and Land Surveyors P.O. BOX 847 NAGS HEAD. NORTH CAROLINA 27969 4919) 441 - 4321 (000LU5 dvrl y?J { NOUHOd JNINiv rl38 -HO3 . r n tiw.16 6£ ? £-Lb-100£L86 2'21 -1302ldd 30 N011.80d y CO 708 , , y L29 t, •• tl(;Qo y '?• ?,? • -LS-(L01£L86 S 6 ? 30 N011HOd / o Q 181.b 7-' '39 w 1. ; try cc Z*9 try 0?? C* 019 t.. es J 10 "89 9`2 gFg 066£ t. r. 4 `O ' ' ' ? OBOE ....: `?• :^{ ?.• Z9C tit ` / x 9919 tv ;VF, 1 41 1 ?? O `Oy ? •t, {i, V I c 2 ??o k ' » f 4'. ; 1?. ION ! r - _ f i 1 ?0F wArFRQ Michael F. Easley, Governor \Q G William G. Ross Jr., Secretary C? r North Carolina Department of Environment and Natural Resources O .? Alan W. Klimek, P.E. Director Division of Water Quality July 19, 2005 DWQ Project # 05-1179 Dare County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Sue K. Shepard 5304 Chattledon Drive Virginia Beach, VA 23462 Subject Property: Sue Shepard Property 125 Williams Drive Kill Devil Hills, NC REQUEST FOR MORE INFORMATION Dear Ms. Shepard: On June 29, 2005, the Division of Water Quality (DWQ) received your application dated June 27, 2005, to impact 0.1 acres of wetlands to provide additional space to keep equipment for job. The DWQ has determined that your application was incomplete and/or provided inaccurate information 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 21-1.0506 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. If you have an agen?please record that information in Section H - Application Information - Item 2. Agent/Consultant Information. You currently have the US Army Corps of Engineers listed as your agent on the application. 2. Please provide a legal document noting the conservation easement has been recorded with the Register of Deeds. Please respond within three weeks of the date of this letter by sending this information to me in writing and Tom Steffens 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. 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: 919-733-1786/ FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands One N Carolina Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Sue Shepard Property Page 2 of 2 July 19, 2005: This letter only addresses the application review 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, Supervisor t/Express view Permits Unit CBKlijm cc: Tom Steffens, DWQ Washington Regional Office USACE Washington Regulatory Field Office File Copy Central Files Filename: 051179SueKShepard(Dare)OnHold Office Use Only: Form Version March 05 9 7 USACE Action ID No. DWQ No. (It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: rV4 Section 404 Permit ? Riparian or Watershed Buffer Rules ?] Section 10 Permit ? Isolated Wetland Permit from DWQ IX 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:__._. Z 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Q ?? U JUN 2 9 2005 1. Owner/Applicant Information Name: DE Nk Mailing Address: C O ? v?p STGiiif?VAT[R BRANCH 06 KZt Telephone Number::?_-5 / 5'-Z 9L!/ Fax Number: E-mail Address: 2. o)? Telephone Number: E-mail Address: - -1616 _ Fax Number: Page 5of12 Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached i the Agent has signato authority for the owner/applicant.) Name: '/ 1 /' Comnanv Affiliation: Z 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: _1 t 4. 5. 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): `-7 Y7 3 4 (o -? ` 777? or2 Th e- l e?-f-7' Q. ?Q/l I-et'? vz u uc Site coordinates (Lat/Long or decimal egrees): (S PP- _ i-,t1 (Note - If project is linear, such as a road or utility line, attach a sheet coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): S? . V 7. Name of nearest receiving body of water: d r- / J separately lists the ('re. e A)- 8. River Basin: :L Z? (Note - this must be one of North Carolina's seventeen River Basin map is available at http://h2o.enr.state. ne.us) 9. Descri be the existing conditions on the at the time of this application: r major river basins. The land use in the vicinity of the project Page 6of12 Location County: ? C( r p- Nearest Town: ? i I l DZ?r / / %! <s Subdivision name (include phase/lot number): r 10. Describe the overall -project /in` detaU, i/ncluding the type of equipment tQ be/ used: c 'L 7.0 11. Explain the purpose. of the PoPused work:_l ? i ` j'_ _ __ _?2i_,-_) 14( D T f1a 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 buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for pri r se ments of the same T.I.P. project, along with construction schedules. J/ e, , !oTe- I - 4 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. ? i? !?-?'7'"e _ ?'%?. -Fa c? u ;0P rr ? 5 b?-:`rt q rrt << V. Future Project Plans `J VI. Proposed Impacts to Waters of the United States/Waters of the State riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. Page 7 of 12 l 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) _ d= o ?F Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: `71Pce- it) Lt-, i? UnE -fejTf11 6'F RP? CZC/-e 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 length X width, then divide b 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial Intermittent? ? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the 'U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Total Open Water Impact (acres) Page 8 of 12 1 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): Wetland Impact acres : Open Water Impact (acres): 1 Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 1 7. Isolated Waters Do any isolated waters exist on the property? ? Yes No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. /I? 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. Page 9 of 12 USACE - In accordance with the' Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http:/Ai2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.ne.us/yn/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): ___,.._._ Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): 612- Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 ;J i IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 1. 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 (919) 733-5083 to review current thresholds for.environmental documentation. Yes ? No K 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V Yes ? No ? 2. If "yes", 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. * I Impact I Re I Zone knnare fPP}) Multiplier quired 3 (2 for Catawba) 1.5 Total • Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zoned. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds .20%, please provide calculations demonstrating total proposed impervious level. T P _ > v1,7 XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes " No ? Is this an after-the-fact permit application? Yes ? No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes ? No 21 If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state. ne.us/newetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's ature v Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 EXEMPT DARE COUNTY TAX OR fiLLECT- No. --- 71 STATE OF NORTH CAROLINA COUNTY OF DARE Filed . Book: 1438 Page: 8 Doo Id: 6088027 07/01/2002 09:13AM ReoeiPt p: 66687 Doo Code: BNDRY NO Exoixe Tax pd: $0.00 BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NO 6068027 Page: I of 2 1111 IN 07/01/2002 09:13AM Prepared by: Linda H. McCown Return to: Linda H. McCown BOUNDARY LINE AGREEMENT THIS BOUNDARY LINE AGREEMENT, made and entered into this the 27th day of J", 2002, by and between Brian G. Mead, and wife, Natasha Mead, party of the first part; and Harry M. Shepard, and wife, Sue K. Shepard, party of the second part; The designation party of the first part and party of the second part as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT WHEREAS, the parties of the first part and parties of the second part are owners of adjacent parcels of land situated on Colington Island, Atlantic Township, Dare County, North Carolina; AND WHEREAS, party of the first part's parcel is described in Deed dated June 17, 1999 and duly recorded in Book 1274, at Page 345, Dare County Public Registry; AND WHEREAS, party of the second part's parcel of land is described in Deed dated the 4th day of Jairay , 1989 and duly recorded in Book 612 at page 72, Dare County Public Registry; AND WHEREAS, the said parties do hereby agree to that there is an unknown gap of land between their adjoining parcels; AND WHEREAS, the said parties hereto do agree and stipulate that the boundary line as shown on plat recorded in Plat Cabinet E, Slide 610, correctly describes the boundary line between the parties: BEGINNING AT A SET IRON ROD designated as "k' on the aforementioned plat, said point being the southeastern corner of Lot 2 of the Brian G Mead Subdivision, said point also being the northeastern corner of Lot 1, of the Williams Colington Estate as shown by plat recorded in Map Book 4, at Page 41; THENCE FROM SAID BEGINNING POINT N 65 deg. 20 min. 30 sec. W a distance of 161.70 feet to an existing iron pipe, said iron pipe being designated "B" on said plat, thence N 22 deg. 00 min. 19 sec. E 5.35 feet to a calculated point, thence along a line designated L4 with a length of 41.87 and bearing N 65 deg. 37 min. 20 sec. West to an existing iron rod, said iron rod being the southwestern corner of Lot 2 of the Brian G. Mead Subdivision and the southeastern corner of-I;ot 1 of the Williams Colington Estate Subdivision; NOW, THEREFORE, for and in consideration of the ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, and the mutual covenants and premises herein contained, the parties agree as follows: That the boundary line existing between the parties shall be as described herein and as shown on Plat recorded in Plat Cabinet E, at Slide 610. 1111 IIII o;;°„°?s =.,.. The said parties of the first part do hereby release and quitclaim unto the said parties of the second part all rights, title, claim, and interest in and to all the lands in which he has any interest whatsoever lying to the south of the aforesaid agreed boundary line; The said parties of the second part do hereby release and quitclaim unto the said parties of the first part all rights, title, claim, and interest in and to all the lands in which he has any interest whatsoever lying to the north of the aforesaid agreed boundary line. IT WITNESS WHEREOF, the said parties of the first part and the parties of the second part have hereunto set their hands and seals this the day and year first above written. (SEAL) Brian G. Mead ` ee?,d (SEAL) Natas a Mead EAQ Harry M. S pard (SEAL) Sue K. Shepard STATE OF ??o f`?? ?a ro v? , COUNTY OF par Q- I, a Notary Public of the County and State aforesaid, do hereby certify that Brian G. Mead, and wife, Natasha Mead, personally appeared before me and acknowledged the due execution of the foregoing instrument. +L al seal this the a..8 day of ?? r2 , 2002. OFFICIAL SEAL North Carolina • Dare County ?r VIRGINIA G. GATES Notary Public NOTARY PUBLIC /07- STATE My commission expires: e l l L /OF COUNTY OF6 1? Of ?'/w'`1i'- I, aNotary Public of the County and State aforesaid, do hereby certify that Harry M. Shepard, and wife, Sue K. Shepard, personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the -47 day of .4612-f- , 2002. Notary Public Joan Corcoran My commission expires: 3/ -?dd ?•'ti'-•.?_ '•Jr•? •• 1, ?J ?.,..-_-..-.-..?? lll©-foregoing certificate of V f 1 nl (?EAL=STAMP) -0 is certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. bQWQJQ "M -,ejO x REGISTER OF DEEDS FOR DARE COUNTY Deputy/Assistant Register of Deeds 1i, • ? .I n • Mow ctt ??tV`'?ftLY .I ?. ? i ? . S' .• . ?IP GAMIEI, / oo. oo' I ;r 'o 7 N rWVT 4F44? i 3 MIT Q N .y o r Nil •N b y/19/64 FT. /9,395 1 2 adr?!? t;:?' r--3 Lu" OA4 ? 1 Qd Novi JUN ? 9 2005 oy. DEN[ „4 s WETL Zo ur. rP. r' FOLAM FILL& 4x 0 .}• 11..1 °,:1? •"' ;, ???1''l.. .? .?/ 10 ac nQrt ?'7!R '' /00.8 ". ? O ?•' O- - r N I • 4/ /ti <- ' 1?. 0.7f /mow IW+ .r. • :?? Y WlWILMS P RUE ;, 1 (3 1,4 `1 '5 ?(? Z 2 (j 1 I, F. KICHARV QUOLF, _ , R.L.S., certify that this plot was drawn from on actual field land survey; that the error of closure at calculated by latitudes and departures is 1:10, 000; that it was prepared `NBC o f in accordance with G. S. 47-30 as amended. ?' FO•? Witness my hand and seal this 2G"TM day of Q?TZIL , A. D. 19 f3/ Sx` L-1157 It?'•?O SUR??.••\? ' ???HAkO•QJ . L L-1 I S7 su 1CVEYE v FbK • SSE Mfw EILEEM C•. LOT, ! WALLIAMS COUMiDfi =MT> s A11AMIL TOtAJIAUIP 2= COMTY ' . rt?1N [ARDI..IF1l1 DATE: fiMIL Z' RR VIbq SCALE: Imo= 30' FILE: b6-$'t -GB fEj, IbZI Rj1..3' 1 Quible and Associates, In Consulting Engineers and Land Surveyors P.O. BOX 841 NAGS HEAD, NORTH CAROLINA 21959 (919) 441 - 4321 0 n f 1 10"CLU5 dvn N011110d JNINIV1138 -?J0d 09 .+ s \ S£ I £-Lb-(011£L96 2 2.4 -1308Vd jo N01180d y 416 (Al Co 608 VG 0 L29b c 1.6-tLOI 8 6L9L ?' ' 133U z TL8V6d oTxs.h " .,ro18141 ??. C. JO NODUOd ° ? S'Ij;if' 99'Z C, 6 cb Cnw 019 ° 6LLL d y69L5 v ' £'ss1 "85 sE 669 .:'-, :?•.. ? ' -? 1 _ 6?' C5 w? 8085 9 066£ 0 I56b ., 0808 ? ,:?• :;, s. w Z9C Vy. p Q V ?? ! X n ?A'. ''?~ . 9519 ? ., ,, .,tl .., •.' ? •?` • • . O (per / ?/S p ?.,l,r .r. k?f T73 .,p 6?2 1 1 O`? O? ? ( O ?• ;., i :,:«. ? ? bpi, ` / ? r) J I ?? <IJ I v ?o od PI) to oS?o Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. Q 5 1 1 7 (If any particular item is not applicable to this oroiect. please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ? Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:—— / q" 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Qwstai Management Area of Environmental Concern (see the top of page 2 for further detailaf P,,, H. Applicant Information 00 JUN 2 9 2005 1. Owner/Applicant Information Name: s a Mailing Address: L 2 VAlk?fi iL1T y Telephone Number:7--GI-Q q'- 2! 9?: e/ Fax Number: E-mail Address: Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached ji?the Agent has signat1o?y -authority for the owner/applicant.) Name: I Company Affiliation: Mailing Addre . -LIS CM CI n ?"AS _ a i , 4,1 ee_ r-5 . , 0 o,)? Page 5 of 12 Telephone Number: 2.? 7S-- ! 4 I Fax Number: ZSZ -/-3 qI? E-mail Address: 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:?Z 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN):V y r 3 o6 -!z 7 - 777? Directions to site (incl de road numbers, landmarks, etc.): wpsfoei Rd,:-htrn 's:,'00 4-A e 4. Location "? ` l County: ?J c4 {r eo- Nearest Town: 1 JDP tzr / ??1 <S Subdivision name (include phase/lot number): OU-<, C_- 8. ore - t h e- !?? f - a, -ta /1 i-e_eh I-z o z, t2 s o- -- 5. Site coordinates (Lat/Long or decimal Tegrees): s- P P_ i-Y S (Note - If project is linear, such as a road or utility line, attach a sheet hat separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 7. Name of nearest receiving body of water: River Basin: (Note - this must be one of North Carolina's River Basin map is available at http://h2o.enr. 9. Descri be the existing conditions on the site at the time of this application: 0,0 J-- er- seventeen de6nated major river basins. The tate.nc.us/admin/maps/.) land use in the vicinity of the project Page 6 of 12 10. Describe the overall.project in detail, including the type of equipment tq be used: 62--- damz) IV. V. 11. Explain the purpose.of the proposed work:__f=/' /y !1 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 buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for pn r serents of the same T.I.P. project, along with construction schedules. f ??. ?? C-?rI ! SS C/ G?• /?' ?' 717 0-17-e -free C-1- u )?p /: c a- i a rr i- S b& it q m cc ?? , Future Project Plans ?J 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. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. d/ Page 7 of 12 C. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) es/no linear feet) L??-lr?. L`? L l ?' / 1a D !? Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: jtE'f? to n., ? o n&- -fei-Tfll 6-P a k? acre__ 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43.560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before impact Impact Length linear feet Area of Impact acres Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Total Open Water Impact (acres) Page 8 of 12 ?1 6. List the cumulative impact to all Waters of the U.S Stream Impact (acres): Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres Total Stream Impact (linear feet): from the project: 7. Isolated Waters Do any isolated waters exist on the property? ? Yes No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. i 17 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. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strtngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a caTlara+P cljaaf ;f m- or ..n - ro-aoa 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at hqp://h2o.enr.state.nc.us/wTr/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): ___._.__. Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): C1 Z- Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) to/local) funds or the use of public (federal/state) land? Yes ? No I 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 (919) 733-5083 to review current thresholds for, environmental documentation. Yes ? No [9 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? 2. If "yes", 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. * I Impact I Re Zone (square feet) Multiplier Required 3 (2 for Catawba) 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B.0242 or.0244, or.0260. Page 11 of 12 A XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds .20%, please provide calculations demonstrating total proposed impervious level. -7; P _ > vYi P61 %" V I n U S XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the propgsed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes A No ? rVT Is this an after-the-fact permit application? Yes N No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes ? No Z If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/newetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). applicant/A 6 is Signature ? Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) ?? zad s? Page 12 of 12 EXEMPT Filed Book: 1430 Page: 0 Doc Id: 8080027 DARE COUNTY TAX 07/0112002 09:13AM Reoslpt p: 56687 Doc Code: BNORY, NC Excise Tax pd: $0.00 fi LLECTOR BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NO NO. 60680,27 page: I of 2 710112002 09:13AM i Illlli VIII IIIIIII VIII III Ilillll VIII III VIII IIII Ill! 0 STATE OF NORTH CAROLINA Prepared by: Linda H. McCown COUNTY OF DARE Return to: Linda H. McCown BOUNDARY LINE AGREEMENT THIS BOUNDARY LINE AGREEMENT, made and entered into this the 27th day of Jute, 2002, by and between Brian G. Mead, and wife, Natasha Mead, party of the first part; and Harry M. Shepard, and wife, Sue K. Shepard, party of the second part; The designation party of the first part and party of the second part as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT WHEREAS, the parties of the first part and parties of the second part are owners of adjacent parcels of land situated on Colington Island, Atlantic Township, Dare County, North Carolina; AND WHEREAS, party of the first part's parcel is described in Deed dated June 17, 1999 and duly recorded in Book 1274, at Page 345, Dare County Public Registry; AND WHEREAS, party of the second part's parcel of land is described in Deed dated the 4th day of Jai3a y , 1989 and duly recorded in Book 612 at page 72, Dare County Public Registry; AND WHEREAS, the said parties do hereby agree to that there is an unknown gap of land between their adjoining parcels; AND WHEREAS, the said parties hereto do agree and stipulate that the boundary line as shown on plat recorded in Plat Cabinet E, Slide 610, correctly describes the boundary line between the parties: BEGINNING AT A SET IRON ROD designated as "A" on the aforementioned plat, said point being the southeastern corner of Lot 2 of the Brian G Mead Subdivision, said point also being the northeastern corner of Lot 1, of the Williams Colington Estate as shown by plat recorded in Map Book 4, at Page 41; THENCE FROM SAID BEGINNING POINT N 65 deg. 20 min. 30 sec. W a distance of 161.70 feet to an existing iron pipe, said iron pipe being designated "B" on said plat, thence N 22 deg. 00 min. 19 sec. E 5.35 feet to a calculated point, thence along a line designated L4 with a length of 41.87 and bearing N 65 deg. 37 min. 20 sec. West to an existing iron rod, said iron rod being the southwestern corner of Lot 2 of the Brian G. Mead Subdivision and the southeastern corner of Lot 1 of the Williams Colington- Estate Subdivision; NOW, THEREFORE, for and in consideration of the ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, and the mutual covenants and premises herein contained, the parties agree as follows: That the boundary line existing between the parties shall be as described herein and as shown on Plat recorded in Plat Cabinet E, at Slide 610. _. 4 . Mow ctt ?p(t/v1BRLY•` .i ; i „ .• ? .61P GQMI El, roo.oo• ?_ J r• J:, ? . ?? l l WIT, wV\S DRIVE ,? 2 g 2005 ? ` SX-fER QUALITY U,tdDS N10 STGi?tl ?`iATER ERNiGH ya.s.a:' col.?o? 6X 0 ac rQ?c 1 r3 ,'t r.-T 11 v op_ _13 UeaV5 -- I? F K IC _KV QUIFSI.? , R.L.S., certify that this plat was drawn from on actual field land survey; A that the error of Closure as calculated by lotltudes and departures is 1:10,0001 that it was prepared N.C RQ?/ J 40A7FR C •;1'q in accordance with G. S. 47 - 30 at amended. ? *0 ? • • SEAC Witness my hand and seal this ?.G?+ day of ???- , A• D• 19 8q. ' X ! ; y L-I 157 04; 4, SURD .0 ???'WAF20 Q . L L--1157 SuEtv?YS V »? • STEVE MAZY Am EILEEN C. F. WARL& ' I TAT LILALLw4s QuMgTDK ESTATES , A-mm-nc TmAaKiv Mn CaXATy . rwl?u celzo?.?rre • " Quible and Associates, In DATE ?? Ro ?a? , Consulting Engineers and !Land Surveyors SCALE l4? 30 /,' ! P.O. BOX 947 NAGS HEAD, NORTH CAROLINA 27909 ' FILE .y 66-t'-Gf3 fb, Ibzl flo3- (919) 44 1 - 43z1 (OnsLVes dvn , NOLL80d DNINI"38 HOA , S£ I £-Lb-(01l£Lf36 z ?1 -130add d0 N01180d y .. ? • sbe? ? ,,;?'; ? ? w•• ''iii ,?: ?\•• 5`'. - rn (?SrsCi 41 r" r L£9V c 133avd 6L9L o ?T 0 r'? ?.. 30 NOIDJOd o q '*'?f' 18lLb 99'Z r G, i.1? ?tz A' m = r .ta t.t:i ?'69 2,9 Cb co) 019 Y 0 6LLL 6?LS ^ £'8s! bt?89 F s£ 969 9099 (Z • , •S'.•? 1j:?y. 9 ?`, • Gv 066£ 0 1 156b ? Y n ?sS U y? W ` N 0808 ;. _ ?$ it; -; All, x ? 9519 '? 1626 r :r?'• r? t ' r ? by ?(? CI `/' Q JUN 2 9 2005 DENR - WATER QUALITY WETLltRDS RM S T ORM.NATER BRANCH p@qowT= JUN 2 9 2005 DENR • WA'rER QUALITY WETLANDS AND STORMWATER 66i"H Office Use Only: Form Version March 05 O ,' USACE Action ID No. DWQ No. (It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ? Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:_.__ f 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check he 0 - Luf H. Applicant Information 'UN 2 9 200.5 1. Owner/Applicant Information ?r-,?s a?aro?_ Name: Mailing Address: O LtiCH 121 1-7 ? Telephone Number: - 5 jg'Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached i?th.e Agent has si i t?ority for the owner/applicant.) Name: Company Affiliation: Mailing Address: JJS C e e }^-5 a Page 5 of 12 Telephone Number: 1-52-17-1-- Fax Number: E-mail Address: 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: D G(eo- { 1 P 2 lC rclr, 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): , 7 ..3 o6 --?z 7- 777? 4. Location County: Ct °L Nearest Town: K17 lz / 1 I % l <S Subdivision name (include phase/lot number): Directions to site (incl de road numbers, landmarks, etc.):F-rotyj !-t bQ:??a5?S 0-o 1VO<fOrl a6 \ 0t O on the, !? f - cL fa /1 1-e-h v UZ; . 5. Site coordinates (Lat/Long or decimal degrees): `f'' S (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. Property size ?i 7. Name of nearest receiving body of water: d / re. e /L) 8. River Basin: S G iyj- /I /,?- (Note - this must be one of North Carolina's seventeen de 1 ated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site an gene- land use in the vicinity of the project at the time of this application: % Gf L C( Page 6 of 12 1 0. Describe the overall. project in detail, including the type of equipment tq be used: CZ?. Y-C- a 11. Explain the purpose.of the proposed work:_Q_/_ C_?GZGC?i 7 / y j7 11 IV. Prior Project History 0 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 buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for pn r se ments of the same T.I.P. project, along with construction schedules. ilt?- heety /`' Va"s 5 s fir. -moo NIr..lo L!7r1Gt o e L_ d'IAI,? 4 If , /; c a? a,7 i s bc.?`rt q m cc ? 11n a-f7-e -ra r?- u 2?p V. Future Project Plans ..J 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. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) es/no linear feet) I _ L tan " eP Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: '&PI 1C1 n 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial t Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the 'U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Nameof Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Total Open Water Impact (acres) Page 8 of 12 i? 6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect: Stream Impact (acres): Wetland Impact (acres): Q, ! Open Water Impact acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. 0 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. /I? Page 9 of 12 USACE - In accordance with the' Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/newetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a cPnaratP Q}1PPt iFmr%rr v"nr• ;o ---A-A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): _._ Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): D 2- Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 125 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 (919) 733-5083 to review current thresholds for.environmental documentation. Yes ? No IV 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No W X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? 2. If "yes", 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 multinliers_ * I Impact I Re Zone (souare feet) Multiplier Required 3 (2 for Catawba) 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. Page 11 of 12 ?^ r XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds .20%, please provide calculations demonstr,#ng total proposed impervious level. ,0 U S XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes A No ? Is this an after-the-fact permit application? Yes ? No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes El No 0 If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at h^ptt://h2o.enr.state.ne.us/newetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Ag6t's Signature Dafe (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 EXEMPT DARE COUNTY TAX 3C?QLLECTOR NO. - (' ( -D X STATE OF NORTH CAROLINA COUNTY OF DARE Filed Book: 1438 Page: B Doc Id: 6088027 07/01/2002 M 13AM 53687 Pd: $0.00 Doc Code: BNORY BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NO 6068027 Prepared by: Linda H. McCown Return to: Linda H. McCown BOUNDARY LINE AGREEMENT THIS BOUNDARY LINE AGREEMENT, made and entered into this the 27th day of June, 2002, by and between Brian G. Mead, and wife, Natasha Mead, party of the first part; and Harry M. Shepard, and wife, Sue K. Shepard, party of the second part; The designation party of the first part and party of the second part as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT WHEREAS, the parties of the first part and parties of the second part are owners of adjacent parcels of land situated on Colington Island, Atlantic Township, Dare County, North Carolina; AND WHEREAS, party of the first part's parcel is described in Deed dated June 17, 1999 and duly recorded in Book 1274, at Page 345, Dare County Public Registry; AND WHEREAS, party of the second part's parcel of land is described in Deed dated the 4th day of Janxary , 1989 and duly recorded in Book 612 at page 72, Dare County Public Registry; AND WHEREAS, the said parties do hereby agree to that there is an unknown gap of land between their adjoining parcels; AND WHEREAS, the said parties hereto do agree and stipulate that the boundary line as shown on plat recorded in Plat Cabinet E, Slide 610, correctly describes the boundary line between the parties: BEGINNING AT A SET IRON ROD designated as "A" on the aforementioned plat, said point being the southeastern corner of Lot 2 of the Brian G Mead Subdivision, said point also being the northeastern corner of Lot 1, of the Williams Colington Estate as shown by plat recorded in Map Book 4, at Page 41; THENCE FROM SAID BEGINNING POINT N 65 deg. 20 min. 30 sec. W a distance of 161.70 feet to an existing iron pipe, said iron pipe being designated "B" on said plat, thence N 22 deg. 00 min. 19 sec. E 5.35 feet to a calculated point, thence along a line designated L4 with a length of 41.87 and bearing N 65 deg. 37 min. 20 sec. West to an existing iron rod, said iron rod being the southwestern corner of Lot 2 of the Brian G. Mead Subdivision and the southeastern corner of Lot 1 of the Williams Colington Estate Subdivision; NOW, THEREFORE, for and in consideration of the ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, and the mutual covenants and premises herein contained, the parties agree as follows: That the boundary line existing between the parties shall be as described herein and as shown on Plat recorded in Plat Cabinet E, at Slide 610. 1111111 HE 111111111111 IN 07/01/2002 09:13AM The said parties of the first part do hereby release and quitclaim unto the said parties of the second part all rights, title, claim, and interest in and to all the lands in which he has any interest whatsoever lying to the south of the aforesaid agreed boundary line; The said parties of the second part do hereby release and quitclaim unto the said parties of the first part all rights, title, claim, and interest in and to all the lands in which he has any interest whatsoever lying to the north of the aforesaid agreed boundary line. IT WITNESS WHEREOF, the said parties of the first part and the parties of the second part have hereunto set their hands and seals this the day and year first above written. ????(SEAL) Brian G. Mead C::g /l'6 ?Ial ? &eei?d (SEAL) Natas a Mead EAL) Harry M. S pard (SEAL) Sue K. Shepard STATE OF I vo A-I Co. ro j N.k , COUNTY OF 0arel- I, a Notary Public of the County and State aforesaid, do hereby certify that Brian G. Mead, and wife, Natasha Mead, personally appeared before me and acknowledged the due execution of the foregoing instrument. 11114RGss =y hand nd al seal this the '2-,S day of re- , 2002. OFFICIAL SEAL North Carolina • Dare County ?r VIRGINIA G. GATES 0 S NOTARYPUBLIC Notary Public I .?4A4P4- My commission expires: g 1I( L /67- STATE OF 1A41il11W , COUNTY OFC1f 1--? Of I, a Notary Public of the County and State aforesaid, do hereby certify that Harry M. Shepard, and wife, Sue K. Shepard, personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the aT day of .</E , 2002. i, ti(?EAL=STAMP) ;•,``t; 1 ?_ 0? Notary Public Joan Corcoran My commission expires: d,,-::z 3/ 2?L,2 01 , He"foregoingcertificate ofV is certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof bawma `?-t( X REGISTER OF DEEDS FOR DARE COUNTY Deputy/Assistant Register of Deeds . • ?tP ? GQM 1 El, Zw 4W ao" cti -. .IP it 1 ----c Wlw)tIMS DRIVE log- JUN 2 1 2005 DENR Y?F+i'GR QUA?I'..,. WUU,t1DSptiDf?7ERbi?u+ 4K O va.sx' col.?oacrQit ./Y 1 (3 ,4 rffi ? - ?- 7 (jLD Rddiw 11 , o 0o '--i3 yeav5 I. F KICHARV QUIF.5 W , R.L.S., certify that this plat was drown from on actual field land survey; that the error of closure as calculated by latitudes and departures Is 1:10,000; that it was prepared N•CARQ?/ 2J???,??sr?RF ; yq In accordance with G. S. 47 - 30 as amended. • 'SEAC Witness my hand and seat this 2LiT?a day of A. D. 19 E3q X Y? 9 L-1157 11 • ••. SUR . J? CHARD . 1. L-I 157 .wfzt??v »tz • STEVE WXQZ( EILEEM C. F. WAIIEPY IAT, ! ULLNMS COUNTW 6sMTEs ATLANTIC I UJAIWI,P Mn ca iy MOK11+ CMLIPA DATE: AMII. 2-3 RR 1964 SCALE: ly° L306 FILE b8?->-Gt3 ??. Ibzl ?/.3- Quible and Associates, In Consulting Engineers and Land Surveyors P.O. BOX 947 NAGS MEAD, MONTH CAROLINA 27999 1919) 441 - 4321 • 'J (01)CLIAS dvn y?5 NOW10d JNINIVIN38a03 ' 09 _ ', ., w g2 I 1?-Lb-(OUfL©6 Z'71 -13OaVd 30 NOIlaOd C4 6V?9L.' r. 6 co 9(- 03 0 bSSO ; -16-(L 31Oadd 8 6L9L erg,. Y?'ti ?i 30 NODUOd o q I BL ?.. • ° a) '69 z 9' . ?' 1, ? q;!•r, ?` 4' O 0 C" 1 O9 o 6LLL 1 I'64LS £'ssi `" t?b85 sF sF . ? 86.9 • •'Y `?, , "fir+: \ e6'?j (??\9099 GI 0662 196t, ` fV '. iolk ., .. ' ? . `'"? • mss. 1 0808 , ?. zg( i-V 9r, 19 1826 4 t? ` I r' 1 ?) I v • ?jtir Get v C V ?9`J e? ?nMw?'0lsonro Soo? 5 Z N/1? 0 ?a? o Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. ® O '179 (it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. II. Processing 1. Check all of the approval(s) requested for this project: Section 404 Permit ? Riparian or Watershed Buffer Rules Section 10 Permit ? Isolated Wetland Permit from DWQ 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:_----/ 5r 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? Applicant Information [[[\\\^^^ IF ER, 1. Owner/Applicant Information P Name: JUN 2 9 2005 Mailing Address: 1 ? ?: rhltl UUil:.l '{ Telephone Number: -^5 Z-0 ZfL!??_ Fax Number: E-mail Address: 2. o)? Telephone Number: E-mail Address: Fax Number: Page 5 of 12 Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached ji??e Agent has signatto ' authority for the owner/applicant.) Name: / / ?' lJ ? `L? ? s tom ' '- -- 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 proj 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 777? 4. Location / County: Q r ea- Nearest Town: )t i 1 lz, / T? i / <S Subdivision name (include phase/lot number): - I !? - Directions to site (incl}ide road numbers, landmarks, etc.): FrOM wo-'t nrn L7611,P1,4r)n Rd. ,??crh --,- o a 4-A ©n V10,V1,?C?vrl_ n 6U_,:S, C_- or? --rh e- f f - CL --,t-G1 /I ? 1-e_e A) !2 v UZ?, 0 ' 5. Site coordinates (Lat/Long or decimal degrees): Lapp- i-Y - S (Note - If project is linear, such as a road or utility line, attach a sheet hat separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size( v '0d 7. Name of nearest receiving body of water: 8. River Basin: ('re e /z. (Note - this must be one of North Carolina's seventeen 6inated major river basins. The River Basin map is available at http:/lh2o.enr.state.ne.us/admin/maps/.) 9. Describe the existing conditions on the site an gener land use in the vicinity of the project at the time of this application: % Gf Loi7 i a Page 6 of 12 IV. 10. Describe the overall;project in 11. Explain the purpose.of the Prior Project History including the type of equipment work:_??_ ?_f= 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 buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prip?ments of the same T.I.P. project, along with construction schedules. /-mi. , 14 i 2a s e; fir. AO Xr D c' 54 _jj,700-c /6 n x-1'7 71??. -ra c`t- u ; c a o rr /-,'S bc:l f, q rn y V. Future Project Plans 'J 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. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. Provid a? ?en description of the proposed impacts: Page 7 of 12 r 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) i? Lp_qJ_,_ e5 6 roc L ?o Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: ZEce_ It) Q., ? O n& -f (f i,7*1 LI'F R Y2 CIC 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multi 1 len X width, then divide b 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Total Stream Impact (by length and acreage) 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the 'U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact acres): Wetland Impact acres): Q , Open Water Impact acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 7. Isolated Waters Do any isolated waters exist on the property? ? Yes No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 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. /f? 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. Page 9 of 12 w USACE - In accordance with the' Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide html_ 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): _ _ Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): D • Z- Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 J r` LX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? 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 (919) 733-5083 to review current thresholds for:environmental documentation. Yes ? No X 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ? 2. If "yes", 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 s uare feet Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total i 7-1 ..?.... A •??? y-11icuu-uiur arum ine top or the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. Page 11 of 12 XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds .20%, please provide calculations demonstralina total proposed impervious level. /7,7 F? i tn-7 Z> e- /- Vin " S XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes No ? Is this an after-the-fact permit application? Yes ? No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes ? No 21 If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/newetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). 2 Applicant/Agent's Mgnature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 11 14 - EXEMPT DARE COUNTY TAX LLECTOR NO. ` 17()- () J- STATE OF NORTH CAROLINA COUNTY OF DARE Filed Book: 1438 Pass: 8 Doc Id: 8088027 0710112002 09:13AM NC 55567 Pd: $0.00 Doc Code: BNDRY BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NO 1111IN as°a,°n;, Prepared by: Linda H. McCown Return to: Linda H. McCown BOUNDARY LINE AGREEMENT THIS BOUNDARY LINE AGREEMENT, made and entered into this the Z7th day of Jule, 2002, by and between Brian G. Mead, and wife, Natasha Mead, party of the first part; and Harry M. Shepard, and wife, Sue K. Shepard, party of the second part; The designation party of the first part and party of the second part as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT WHEREAS, the parties of the first part and parties of the second part are owners of adjacent parcels of land situated on Colington Island, Atlantic Township, Dare County, North Carolina; AND WHEREAS, party of the first part's parcel is described in Deed dated June 17, 1999 and duly recorded in Book 1274, at Page 345, Dare County Public Registry; AND WHEREAS, party of the second part's parcel of land is described in Deed dated the 4th day of Jc'TUE[ V , 1989 and duly recorded in Book 612 at page 72, Dare County Public Registry; AND WHEREAS, the said parties do hereby agree to that there is an unknown gap of land between their adjoining parcels; AND WHEREAS, the said parties hereto do agree and stipulate that the boundary line as shown on plat recorded in Plat Cabinet E, Slide 610, correctly describes the boundary line between the parties: BEGINNING AT A SET IRON ROD designated as "A" on the aforementioned plat, said point being the southeastern corner of Lot 2 of the Brian G Mead Subdivision, said point also being the northeastern corner of Lot 1, of the Williams Colington Estate as shown by plat recorded in Map Book 4, at Page 41; THENCE FROM SAID BEGINNING POINT N 65 deg. 20 min. 30 sec. W a distance of 161.70 feet to an existing iron pipe, said iron pipe being designated "B" on said plat, thence N 22 deg. 00 min. 19 sec. E 5.35 feet to a calculated point, thence along a line designated L4 with a length of 41.87 and bearing N 65 deg. 37 min. 20 sec. West to an existing iron rod, said iron rod being the southwestern corner of Lot 2 of the Brian G. Mead Subdivision and the southeastern comer of Lot 1 of the Williams Colington Estate Subdivision; NOW, THEREFORE, for and in consideration of the ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, and the mutual covenants and premises herein contained, the parties agree as follows: That the boundary line existing between the parties shall be as described herein and as shown on Plat recorded in Plat Cabinet E, at Slide 610. f t 1111 IN 058027 The said parties of the first part do hereby release and quitclaim unto the said parties of the second part all rights, title, claim, and interest in and to all the lands in which he has any interest whatsoever lying to the south of the aforesaid agreed boundary line; The said parties of the second part do hereby release and quitclaim unto the said parties of the first part all rights, title, claim, and interest in and to all the lands in which he has any interest whatsoever lying to the north of the aforesaid agreed boundary line. IT WITNESS WHEREOF, the said parties of the first part and the parties of the second part have hereunto set their hands and seals this the day and year first above written. (SEAL) Brian G. Mead 416z ? 14Ll ene (SEAL) Natas a Mead EAL) Harry M. S pard (SEAL) Sue K. Shepard STATE OF ?o ?? I. Ca ra N? , COUNTY OF pare- I, a Notary Public of the County and State aforesaid, do hereby certify that Brian G. Mead, and wife, Natasha Mead, personally appeared before me and acknowledged the due execution of the foregoing instrument. +L al seal this the 28 day of ?? re_ 2002. OFFICIAL SEAL North Carolina • Dare County iF VIRGINIA G. GATES Public NOTARY PUBLIC Notary My commission expires: 8 I( L Al STATE OF 111441//x( , COUNTY OFC? I, a Notary Public of the County and State aforesaid, do hereby certify that Harry M. Shepard, and wife, Sue K. Shepard, personally appeared before me and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the ?T day of 2002. ...(EAL=STAMP) 0 1- C ?22-g? dt4-:"za-r'j Notary Public Joan Corcoran My commission expires: 6Z? 3/ 2°? if ' '?. He.foregoing certificate of V ( 1 )l is certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof bo'wa)'a "YI ?jo ? REGISTER OF DEEDS FOR DARE COUNTY Deputy/Assistant Register of Deeds li •, I /? Maw otC FGiVhERLY r'? ; i . ?IP GQMI El, I oo, oo• ii .1 1. t. I 11 Wll, MMS DRIVE '6d?w V 1 (3 ,4 rl-f LZ - (?- y ?Z 7(3 L:72 1?66 - _ _13 U?avS _ _ -- 11 1000 I, F KICHARQUIFI.F -, R.L.S., certify that this plat was drawn from on actual field land survey; that the error of closure as calculated by latitudes and departures Is 1:10g0001 that it was prepared 0 00 J?. ?'yq In accordance with G. S. 47 -30 as amended. 1* ?sr? RF .. s 4D IQ 0. SEAL. Witness my hand and seat this 26-M day of AFM1- , A. D. 19 8 . ? v A :9W!57 ...yo v II. R,?•SUR???•J\? . L_ L-I 157 suR??v FDK ST Z NAfC-EY Am EILEEM C.F. WAS A'TLAN11 c TOLLA 17 Mn CWATr MOM" CMLIMA DATE: AMIL 23 RR 1961 SCALE: FILE: 68'-E54 -GB F? IDz) f,Z'3-Z-N Quible and Associates, In Consulting Engineers and Land Surveyors P.O. 90X 647 NAGS HERO, NORTH CAROLINA 21959 19191 441 - 4321 ? WMA% v ? 9 ?p05 N? J? ?yP?c aP r6 gEtUs?os? M 0 ya.ss' H01.?oExrQit ix. IY4(i- a o- • ? `+ _ • totlEtaes evn J.JJ NOII&Od VNiNivw38 »Od cv .1b n ....•. .: ?, S£ 1 ?-Lb-1011?Lf36 Z z[ '1308vd d0 N011110d 6t,?L CIO w . `fir'' 1: 51 tGQO ,rx y0ti a 333avd 6L94 30 N011HOd Y y " Ie?.? G . ? .? w Kh? ctz' 99'Z \ ?p• qw 019 6LLL ?6GL9 R 14 ttes .,-:w ... ?. 6s a•, 869 we 9 ?? 9 0 0669- r sr; 0 9` . w 196t, ? 0608 _ ` . ? •,''+? ? •" ??s ' . ,. 'p°j ?ti\ ? its ':?.. 1t r P.?.?? ,?? x.i,?o ? ., •%n :v. 8/ / 9519 ti `?, . 1936 lU I I 'r--7 ?o o ? 9 ?p05 ti '?N WP?ERapSE 8?N Yom`" ??osIla Date -7 / /)? Who Reviewed: CAU DwQ# ?S _11Z? Plan Detail Incomplete ? Please provide a location map for the project. ? 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. ? Please indicate all buffer impacts on the site plan. ? Please indicate proposed lot layout as overlays on the site plan. ? Please indicate the location of the protected buffers as overlays on the site plan. ? 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 ? Please provide detail for the stormwater management practices as required by GC ? Please specify the percent of project imperviousness area based on the estimated built-out conditions. ? Please indicate all stormwater outfalls on the site plan. ?. ? Please indicate the diffuse flow provision measures on the site plan. Please indicate whether or not the proposed impacts already been conducted. El Avoidance and/or Minimization Not Provided ? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide adslitiohal information as to why it is necessary for this project. ? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the . Please revise the plans to avoid the impacts. ? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the Please revise the plans to minimize the impacts. ? 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. (? ??) 7C CL'J--:.. a ? Please provide a signed copy of the application. Z? ??? ? Please provide copies of the application, copies of the site plans and other supporting information. Mitigation ? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The plan must conform to the requirements in 15 A NCAC 211.0500 and must be appropriate to the type of impacts proposed. ? Please indicate which 404 Permit the USACE would use to authorize this project.