Loading...
HomeMy WebLinkAbout20051574 Ver 1_Complete File_20070825Auu. 8. 2005 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC. 27699-1650 Re: Shirkey Residence 1 G 7005 - Nationwide 18 Permit AU G Lot 24, Currituck on the Sound subdivision DFNR -VAIFF+IY r 112 Carotuck Dr. Currituck, NC. 27929 Dear Mr. Dorney Please find in this Notification Package two (2) copies of ; 1- Pre-Construction Notification Application 2- U.S.A.C.E. Notification of Jurisdictional Determination 3- North Carolina General Warranty deed for ref. prop. 4- North Carolina Ecosystem Enhancement Program acceptance letter 5- Topographic Survey for ref. prop. 6- 404 Wetlands Delineation Survey of ref. prop. 7- Site Development Plan for ref. prop. 8- Approved Land Disturbance Permit and Site Development Plan by Currituck County Engineer for ref. prop. 9- Construction Authorization of Wastewater Low Pressure System for ref. prop. By Albemarle Regional Health Services. 10-NRCS Soil Survey for ref. prop. 11- U.S.G.S. Topographic Quad Map for ref. prop. Aug.8, 2005 Mr. Dorney I have sent 2 copies to your office Division of Water Quality as a courteous notification of improvements for site work at our future residence as you have instructed me. Also I have contacted Frank Jennings with North Carolina Division of Coastal Management and he has told me that C.A.M.A. would not require a permit for site work. I have also given his office a courteous notification. I have sent the Pre-Construction notification package for a Nationwide 18 Permit to U.S. Army Corps of Engineers as Mr. William Wescott has instructed me. I would like to say Thank You for your help and guiding me with this plan and permit. John L. Shirkey and wife eresa D. Shirkey 2020 Centerville Tpke. South Chesapeake, Va. 23322-1906 Home 1-757-421-7085 fax 1-757-204-4107 Cell 1-757-342-3337 Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not app?lcatm to tnis project, please enter tvot rtpp,tt;auu: Ur VVn .) 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 EJ 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NJ4G'crovvi iN? I E5 3. If this notification is solely a cou esy 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: Er 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), ocheck? D II. Applicant Information AU 6 1 6 2005 1. Owner/Applicant Information Name: Mailing Address: 7 p UUPLITY Telephone Number: -7S7- 421-70 ? Fax Number. '7S-7 -'Wc( - L( (C? E-mail Address: -SN:T_-R k--m N Yq L 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: A Telephone Number: E-mail Address: Fax Number: Pa op. 5 nf l? 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: - i?^?Le?/ (?-eS11?E'tUCe 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0S? 0 0C,Q0C;2_9G0C L 4. Location -?- County: Ct rr 1'6CV_ Nearest Town: N AW-cp_J T OWiy ??' Subdivision name (include phase/lot number): 1C)- Syr C')rr,'+U(_V ci-Ithe ( S? r Directions to site (include road numbers/names, landmarks, etc.): US', v I0E) -1 S,t2. I_SgS(cur rrf'"rV Sc"-A lie-) _'t ?i "'_-_ Sid, 1?s`fu rnvnro, ,V l.c;? C Nl-) - 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 341P. gs & C-7 ON -Z ozO LI ow 6. Property size (acres): oss rtcQes 2y,00D F_ 7. Name of nearest receiving body of water: e?rr? ?uclL ?cc ?.c 8. River Basin: (S:atjo+kitq ? (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at littp://li2o.enr.state.nc.us/admin/mans/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: C?ryDeyetc?c I c?-? lrk"'+k1 ; w ?ev0 Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: S e o- rl-+f-r?6,1 M e,. C4, c -t- 11. Explain the purpose of the proposed work: S'' 1C K Tc? ?? ?e L0 Lc-V- ?p? SiNC?? ?? ?r lt??? ?e'ClC?e h) C' 1 bv? ?41?'l \/ 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 prior segments of the same T.I.P. project, along with construction schedules. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. h :o lu e- 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. Provide a written description of the proposed impacts: t-, e- i?"?c1?1 ILL ,1•H Aw of-,-ea SLcpe- C, Iz-,L+r-,- clof( IgNp N0. I?I?LS `A// S`lo?? A1.1> 1`i L? - L:?c!ti c 1Lect Ape,-?' w?l/kI "e oc+ N LL 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, se.narately list imnacts 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 lei l_L GCO t 0,00 Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: C1> 1 0 E5 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 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): 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 Q 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/emb ent, excavation, installation of draw-down valve or spillway, etc.): /1?4 Proposed use or purpose of pond (e.g., livestock wa ring, 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 IVEnimization) 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. ->,'[-+ h'r.:r e- a lM-a -1-1-1 .-1- -J ,u; J.1 1 --- . a All- l l „ . 14-?'ZPL4t . ??rS L? t'C(l•1 ? I?Lr ??-lxlOVf'C? W ?l-e-AJ 1?L?-f?/'? 1 S S7ivh??E VIII. NUti ration 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. Pape 9 of 19 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 littp•//h2o.enr.state.nc.us/ncwetlands/stnneide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. , , 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://112o.enr.state.nc.usAvm/index.litm. If use of the NCEEP is proposed, please check the appropriate box on page five 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): Amount of Non-riparian wetland mitigation requested (acres): X ?c>? tQ cae-?, 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 (federaVstate/local) funds or the use of public (federal/state) land? Yes ? No 2' 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 ? 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 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .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. Zone* I Impact I Multiplier I Required r- A 3 (2 for Catawba) 1.5 Total I I I I ' 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. ; A, paaP. 1 1 of I? 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. ??,1v28 ??,? imperu( v-s, en er. N?rn? ,4rA (got F oiLA;t;c,, ofi 2q.CDD F{-,. L.o+ C, U+ lzz;w e- N 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 capacityof the subject facility. fIfj 1_I4i,t ?e. b? ci- AS l L u D S??-?cr?,t -I`-??ant 1?y N H ?-'r?Li ?-1 ?? Vi c eS -- Y XIII. Violations (required by DWQ) Is this site in violation of DW 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) ditio al Will this project (based on past and reasonably anticipated future impacts) result in adEl"' development, which could impact nearby downstream water quality? Yes E] No 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/ncwetIands. 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). Ir 444 -7 f - vs Applicant/Agent's Signature J Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 Sr,rTKe?( 12!6 %l%wc e tom. n/? ca,.,ZG Lp?'cT 201 s3 '-?. F1 . vp l rswa?S, pelw- 4 -Z , i C ? 72 3,sn? Sv. + F- oar ui tL „ds ors ?i'4-e ?o ??F?wE e??iS'?? ?.:? ?b ?,'visror?. ?C'?4i ?=?C'?C 1?? ?G?-? Fi l.l. !?'?r}: ? t c? ??e?? k(OF?JL ? ?oa r, ?? e? pct o?cr?ti?? 7??ec? W,LL Rc. ti7 S?wSLe- uia?rLY }?cS?dewce.. Y Ecowstem . PROGRAM April 6, 2005 Corrected John & Teresa Shirkey 2020 Centerville Turnpike Chesapeake, VA 23322-1906 Project: 112 Carotauk Drive County: Currituck The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that will be mitigated are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Pasquotank 0 0.08 0 0 0 0 0 0 03010205 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio. The magnitude of the compensatory mitigation will be as specified in the Section 404 Permit, and/or 401 Water Quality Certification, and/or the CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5205. Sincerely, biam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Tracey Wheeler, USACOE-Washington Kyle Barnes, DWQ Regional Office-Washington File R"torut9 ... F ... Protectr,? Oar Stag AGA 06ENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200510012 County: Currituck U.S.G.S. Quad: Currituck NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: John L. Shirkey Address: 2020 Centerville Toke. S. Chesapeake, Vir£inia 23322-1906 Telephone No.: 757-342-3337 Property description: Size (acres) 0.55 Nearest Town Currituck Nearest Waterway Currituck Sound River Basin Pasguotank USGS HUC 03010205 Coordinates N 36.4566 W 76.0204 Location description Lot 24 on Carotauk Drive in Currituck by the Sound Subdivision community of Currituck. Indicate Which of the Following Apply: Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Y There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property ;which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and arc accurately depicted on the plat signed by the Corps Regulatory Official identified below on 10/12/2004. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Pacer 1 of 2 Action Id. 200510012 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Wescott at 252-975-1616 ext. 25. Basis For Determination: Arei meets the three parameters specified in the 1987 USACF. Wetland Delineation Manual, and is adiacent to Currituck Sound. Remarks: Corps Regulatory Official: S Date 10/19/2004 Expiration Date 10/12/2009 Corps Regulatory Official (Initial): W ?L FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Pave. 2 of 2 JURISDICTIONAL DETERMINATION Revised 8/13/04 U.S. Army Corps of Engineers DISTRICT OFFICE: CESAW-RG-W FILE NUMBER: 200510012 PROJECT LOCATION INFORMA'T'ION: State: NC County: Currituck Center coordinates of site (latitudetiongitude): 36.4566 N 76.0204 W Approximate size of area (parcel) reviewed, including uplands: 0.55 acres. Name of nearest waterway: Currituck Sound Name of watershed: Currituck Sound _ JURISDICTIONAL DETERMINATION Completed: Desktop determination ? Date: Site visit(s) [Xj Date(s): 6-24-2004 Jurisdictional Determination (JD): PreliminaryJD -Based on available information, ? there appear to be (or) ? there appearto be no -waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). ® Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: C] There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: ® There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: 0.08 acres. ? There are "isolated, non-navigable, infra-state waters or wetlands" within the reviewed area ? Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": The presence of waters that are subject to the ebb and flow of the tide and/or arc presently used, or have been used in the past, or maybe susceptible for use to transnort interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(x) as "waters of the United States": (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which arc sub?cct to the ebb and flow of the tide. ? (2) The presence of interstate waters including interstate wetlands . (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): ? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ? (iii) which are or could be used for industrial purposes by industries in interstate commerce. C] (4) Impoundments of waters otherwise defined as waters of the US. ? (5) The presence of a tributary to a water identified in (1) - (4) above. ? (6) The presence of territorial scar. ® (7) The presence of wetlands adjacent to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). Ifthejurisdictional water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis ofJurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual, and is adjacent to Currituck Sound. Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) ? Ord inary High Water Mark indicated by: ? High Tide Line indicated by. ? clear, natural line impressed on the bank ? oil or scum line along shore objects ? the presence of litter and debris ? fine shell or debris deposits (foreshore) ? changes in the character of soil ? physical markings/characteristics ? destruction of terrestrial vegetation ? tidal gages ? shelving ? other. ? other. ? Mean High Water Mark indicated by. ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Hyman & Robey, PC Basis For Not Asserting Jurisdiction: 0 The reviewed area consists entirely of uplands. ? Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). ?, Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). ? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States: ? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ? Artificially irrigated areas, which would revert to upland if the irrigation ceased. ? Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. ? Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ? Isolated, intrastate wetland with no nexus to interstate commerce. ? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ? Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): [] Maps, plans, plots or plat submitted by or on behalf of the applicant. ? Data sheets prepared/submittcd by or on behalf of the applicant. ? This office concurs with the delineation report, dated , prepared by (company): ? This office does not concur with the delineation report, dated , prepared by (company): ® Data sheets prepared by the Corps. Corps' navigable waters' studies: ? U.S. Geological Survey Hydrologic Atlas: © U.S. Geological Survey 7.5 Minute Topographic maps: Currituck ? U.S. Geological Survey 7.5 Minute Historic quadrangles: ? U.S. Geological Survey 15 Minute Historic quadrangles: ® USDA Natural Resources Conservation Service Soil Survey: 6 & 9 ? National wetlands inventory maps: ? State/Local wetland inventory maps: ? FEMA/FIRM maps (Map Name & Date): ? 100-year Floodplain Elevation is: (NGVD) ? Aerial Photographs (Name & Date): ? Other photographs (Date): Advanced Identification Wetland maps: ® Site visit/detcrmination conducted on: 6/24/2004 ? Applicable/supporting case law: ? Other information (please specify): 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). 2The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like arc also adjacent. NOTIFICATION OF ADMINISTRATIVE Al"TEAL OPTIONS AND PROCESS ,,M REQUEST FOR APPEAL kpplicant: John Shirke File Number: 200510012 Date: 10-19-2004 kt tached is:A roved Jurisdictional Determination See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E iECTION 1- The following identifies your rights and options regarding an administrative appeal of the above. lecision. ` Additional information may be found at htt 2 //w%vw usace.army mil/inet/functions/cw/ceewo/rep or ?o s regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. 3: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative kppeal Process by completing Section II of this form and sending the form to the division engineer. This form nust be received by the division engineer within 60 days of the date of this notice. ): APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or )rovide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps •egarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new nformation for further consideration by'the Corps to reevaluate the JD. iECTION lI - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT tEASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your )bjections to an initial proffered permit in clear concise statements. You may attach additional information to his form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps nemorandum for the record of the appeal conference or meeting, and any supplemental information that the •eview officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps nay add new information or analyses to the record. However, you may provide additional information to clarify he location of information that is already in the administrative record. ?OINT. OF CONTACT FOR QUESTIONS OR INFORMATION: T you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: US Army Corps of Engineers Mr. Arthur Middleton, Administrative Appeal Review Officer ittn: William Wescott CESAD-ET-CO-R Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washinp,ton, North Carolina 27889 60 Forsyth Street, Room 9M15 252 975-1616 ext. 25 Atlanta, Georgia 30303-8801 ,RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any ;overnment consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 THE AUTHORIZATION FOR WASTEWATER-SYSTEM CONSTRUCTION (CONSTRUCTION AUTHORIZATION) SHALL BE VALID FOR A PERIOD OF 60 MONTHS AFTER THE DATE OF ISSUANCE. The issuance of the Improvement Permit or Construction Authorization in no way guarantees the issuance of other local, state or federal permits. Wastewater systems and water supplies shall meet state and/or local regulations. NO CHANGES IN THIS DOCUMENT ARE ALLOWED UNLESS PRIOR APPROVAL IS OBTAINED FROM THE HEALTH DEPARTMENT. IF THE INFORMATION SUBMITTED IN THE APPLICATION FOR THE IMPROVEMENT PERMIT OR CONSTRUCTION AUTHORIZATION IS FOUND TO BE INCORRECT, CHANGED, OR IF THE SITE IS ALTERED, THE IMPROVEMENT PERMIT OR CONSTRUCTION AUTHORIZATION SHALL BECOME INVALID AND MAY BE SUSPENDED OR REVOKED. When contacting the Environmental Health office concerning this document, be sure to know the application number. The number must be used in all inquiries and inspection requests. The Environmental Health Staff can be located at the following telephone numbers between 8:00 a.m. and 8:30 a.m., Monday through Friday, except holidays. The office telephone numbers are: Camden ........................338-4460 Chowan ........................482-6003 Currituck .......................232-6600 Pasquotank ....................33813490 Perquimans ....................426-2100 Wastewater system installers are responsible for notifying the Environmental Health offices for final inspections. Wastewater systems must be inspected and approved by a representative of the Environmental Health staff before any portion of the installation is covered and/or used. ISSUANCE OF AN OPERATIONS PERMIT SHALL INDICATE THE WASTEWATER SYSTEM HAS BEEN CONSTRUCTED TO THE STANDARDS SET FORTH IN THE REGULATIONS, BUT SHALL IN NO WAY BE TAKEN AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORILY FOR ANY GIVEN PERIOD OF TIME. Wastewater systems shall be operated and maintained in such a manner as to not create a public health hazard. Septic tanks should be pumped out every 3 to 5 years by a permitted pumper. Please conserve water! Minimum Distances* Ground Absorption Wastewater Systems to: Private Wells to: 1. Private water supply sources 100' 1. Wastewater systems 100' 2. Public water supply sources 100' 2. Building foundations 50' 3. Coastal waters (mean high water mark) 50' 3. Surface waters 50' 4. Streams, canals, marshes, or 4. Property lines 10' other surface waters 50' 5. Lakes and ponds 50' *Variances can be given on some distances; 6. Groundwater lowering ditches and please call the Environmental Health office devices 25' if you feel a variance is necessary. 7. Embankments or cuts 15 8. Swimming pools I5' : 9. Property Lines 10' 10. Water lines 10' 11. Building foundations 5' Septic tanks, nitrification fields, and repair areas shall not be loca ted under paved areas or areas subject to vehicular traffic. \curcit-1U9257.pla 05-242005 Construction Authorization Currituck County Owner:John L Shirkey Owner Address:2020 Centerville Turnpike Owner Address(2):Chesapeake, VA 23322-1906 Owner Phone #: Property Address:lot 24 Currituck on the SOund Property Address(2):112 Carotauk Dr PIN : 29257 Record #050A00000240001 Establishment Type: Home Type of Well:Public Well Design Flow (GPD):360 Install septic system designed by Performance Engineering. Project number 919 dated May 9, 2005. Use a 1000 gallon Septic Tank and a 1000 gallon Pump Tank. Low Pressure Pipe System consist of 9 lines 40 ft long, 5' on center. System is to be inspected by Performance Engineering as it is being installed before any components are covered up, this includes nitrifcation field and leak test. Contact the ARHS Health Department at least 48 hours in advance of start up. The following is a list of who should be present at start up; Engineer from Performance, ARHS representative, Installer, Certified Operator, and other representatives as needed. Engineer from Performance must submit a construction approval letter to ARHS before a Certificate of Completion can be issued. A signed contract with a Certified Operator must be submitted to ARHS before a Certificate of Completion can be issued. 7 n Albemarle V Regional HEALTH SERVICES Initial Site Wastewater System:Low Pressure Pipe Long Term Acceptance Rate(GPD/SQFT):. Trench Width:1.5 FT Trench Spacing (OC):5 FT Trench Bottom From NGL:-18 IN Septic Tank Volume: 1000 GAL Pump Tank Volume: 1000 GAL A copy of the site plan is attached, use Quibles plans for exact specifications. Authorized Agent: David R Swinnev. R.S. Date 5/24/2005 Approved: Date: iryT + Currituck Counter GIL FALASCO. P.E. Public Works Dcp==nt County Engineer P. O. Box 38 Currituck, NC 27929-0036 (252)232-2SO4 Fax(252)232-3298 July 13, 2005 Mr. John L. Shirkey 2020 Centerville Turnpike, South Chesapeake, Virginia 23322 v ', rJ Re. - Land Disturbance Permit A(?? 6 2005 112 Caratauk Drive, Currituck on the Sound Subdivision Parcel ID # 050A - 00000 - 24 - 0001 „ Y,?TFp;;RrJCH Dear Mr. Shirkey: Please be advised that the above-referenced Land Disturbance Permit application has been approved for compliance pending approval of proposed wetland activity in accordance with U.S. Army Corps of Engineers regulations per Nationwide Permit #18. Please be aware that this permit solely addresses storm water concerns and that any other code related design issues may need to be addressed via separate discretion by the appropriate County regulatory agency. If you have any questions or if I can be of any further assistance please call me at 252-232-2504. Sincerely, Gil Falasco, PE Currituck County Engineer cc: Bob Stewart, PE, c/o Performance Engineering Donna Voliva, Planning Department (Enclosure) GRF / grf 11 , REVIEW OFFICER OF CURRITUCK COUNTY CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. REVIEW OFFICER DATE PROPERTY SURVEY FOR JOHN L. SHIRKEY CRAWFORD TOWNSHIP CURRITUCK COUNTY NORTH CAROLINA BEING LOT 24, 'CURRITUCK ON THE SOUND" SUBDIVISION AS SHOWN ON A MAP RECORDED IN P. C. A. SL. 117 R IIII These standard symbols will N be found In the drawing. SET 1/2' IRCN RE-BAR A EXISTiNO MONUMENTATION R/W - D1TCH PROPERTY LINE EXTENSION - - - - - - - - - - - - I, WILLIAM C. GODFREY, JR. P.L.S., L-4342, DO CERTIFY THAT THIS MAP WAS DRAWN FROM MY ACTUAL FIELD SURVEY; THAT THE DEED DESCRIPTION FOR THIS PROPERTY IS RECORDED IN D.B. , P. ; THAT THE RATIO OF PRECISION AS CALCULATED IS 1 :10,000+; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH BOARD ` " ,,?MY ORIGINAL SIGNATURE, REGISTRATION, , '."VIS 3 DAY OF MAY, 2005 =.??=0 . ??SSI0? . ' CATE MAY 3. 2005 WILLIAM C. Cook- 'J B r Igo GODFREY & ASSO TES SURVEYING.INC SCALE : 1' - 40' -,,riq' •. FQ FIELD BK. f 22 ,,,1 MI C• G00 x11,, 1, WILLIAM C. GODFREY. JR.4342, DO CERTIFY WILLIAM C. GODFREY, JR. P.L.S., L-4342 DRAWN BY : W.G. THAT THIS IS A SURVEY OF AN EXISTING PARCEL OF LAND. P.O. BOX 1117 ELIZABETH CITY. NORTH CAROUILI. 27906 FLOODZONE A5 (6) , F.I.R.W. PANEL NO. 370078 0160 C PHONE (252) 771-2272 FAX (252) 771-2386 MOBILE 252 267-3442 LOWEST FLOOR. ELEVATION - N/A HIGHEST ADJACENT GRADE N/A FILE NO. 005-1247 STATE •...., OF NORTH .wARvu. v., COUNTY OF VVRll11VVK 10 LEGEND W 0 WETLANDS FLAG 0 O EXISTING IRON PIN LOT 26 `'' OO SET IRON REBAR N BOUNDARY LINE RIGHT OF WAY LINE - PROPERTY EXTENSION - - - - - -SETBACK LINE - - - - - - - -404 WETLANDS DELINEATION LOT 25 PERMIT OFFICER THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF THE SECTION 404 OF THE CLEAN WATER ACT UNDER THE PRESENT LAW AND REGULATIONS AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINEERS WETLANDD' DELINEATION MANUAL. US ARMY CORPS OF ENGINEERS ?Ct?.UI.TbQ liC?f4t.151 0 0 N -- _) --------------- (TIE) N 77'47'25" E 139.52' TO EIP F@12mgm AUG .1 6 1005 E7LAr DS AND STOR??IyO TERIBRANCH LOT 71 I LOT 70 FLAG y1 S 77'46'00" W 120.00' ,. 55.28' J 404 WETLANDS 3,597 SF. o 0.08 ACRES BY COORDINATE METHOD 2 FLAG y2 'V o ,?x FLAG y3 14V Ov ?.O hry, ryo / 3 0 0 v r N z LOT 72 64 FLAG p4 UPLAND 20,383 SF. 0.47 ACRES BY COORDINATE METHOD 03 N m N 77'46'00" E 120.00' 0 0 0 O N %0"11111,1111'. C.0 ,'ESSio?? 9 LLJ SEAL I, EDWARD T. HYMAN. JR. PLS-2690, CERTIFY, THAT THIS PLAT IS OF AN EXISTING PARCEL(S) OF LAND. I, EDWARD T. HYMAN, JR. CERTIFY THAT THIS PLAT WAS DRAWN FROM AN ACTUAL FIELD LAND SURVEY MADE UNDER, MY SUPERVISION: THAT THE DEED DESCRIPTION FOR SAID EDWARD T. HYMAN, JR. PROPERTY IS RECORDED IN D.B. , P. : THAT THE ERROR OF CLOSURE IS P.L.S. L-2690 1:10,000+; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH BOARD RULES, WITNESS MY ORIGINAL SIGNATURE, REG. NUMBER, AND SEAL THIS 19 DAY OF FEBRUARY, 2004. GRAPHIC SCALE 30 0 15 30 60 ( IN FEET 1 inch = 30 ft. DRA?? 404 WETLANDSDELINEA TION ? RWJ 70 SCALE: OFLOT 24, CURRI TUCK ON THE SOUND SUBDI VISON, FOR 1- - 30' Rohev.,Tcl DATE: JOHN L. ASHIRKEiv ?° ? rvey -Engineers GUST 11, 2004 st„v?y CRA WFORD TO WNSHIP oYS DRA?VING # o /- - - - r-, 4 CURRI TUCK COUNTY 040719WLD 150 A US N{VY 158 E SHEET # Camden, North Carolina 27921 NORTH CAROLINA 1 OF 1 (252) 338-2913 (252) 335-1888 - L-2690 ?: M -(TIE) L7911 9'45" E 64.72' VICINITY MAP e CIIRRITI Irv nnl INTV Nr)PTH CAROLINA RESOURCES AND COMMUNITY DEVELOPMENT NORTH CAROLINA AGRICULTURAL RESEARCH SERVICE NORTH CAROLINA AGRICULTURAL EXTENSION SERVICE UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE crcb 1 CULTURAL FEATURES BOUNDARIES National, slate or province -? -- County or parish Minor civil division Reservation (national forest or park, stale forest or park, and large airport) Land grant Limit of soil survey (label) Field sheet malchime 6 neathne AD HOC BOUNDARY (label) rH?yTr•' l Small airport, airfield, park, oilfield, U-"2 . cemetery, or flood pool - STATE COORDINATE TICK I LAND DIVISION CORNERS L 1 + t (sections and land grants) ROADS Divided (median shown If scale permits) Other roads Trail - - - -- ROAD EMBLEM & DESIGNATIONS Interstate Q Federal State Q County, farm or ranch 0 RAILROAD ---?--{- POWER TRANSMISSION LINE .............. (normally not shown) PIPE LINE i-r v-a yr r-r (normally not shown) FENCE -.-.- (normally not shown) LEVEES Without road nnnn unm With road W th l d i rai roa t DANIS Large (to scale) Medium or small PITS ( 1 ? Gravel pd X Mine or quarry X CONVENTIONAL AND SPECIAL SYMBOLS LEGEND MISCELLANEOUS CULTURAL FEATURES Farmstead, house (omit in urban areas) Church y School j Indian mound (label) ieovnd Located object (label) Tower 0 Tank (label) a Wells, oil or gas 6 d Windmill b Kitchen midden WATER FEATURES DRAINAGE Perennial, double line Perennial, single line .- Intermittent _ •.? Drainage end / r Canals or ditches Double-line (label) Drainage and/or irrigation --.-.-?-- LAKES. PONDS AND RESERVOIRS Perennial O Intermittent ( in 7,, MISCELLANEOUS WATER FEATUR ES Marsh or swamp ,Ya spring o Well, artesian Well, irrigation 6 Wet spot Y SPECIAL SYMBOLS FOR SOIL SURVEY SOIL DELINEATIONS AND SYMBOLS c"B w+C7 ESCARPMENTS Bedrock ....r.rr...r...... (points down slope) Other than bedrock m"........."....... (points down slope) SHORT STEEP SLOPE ••.•••••••••• GULLY M DEPRESSION OR SINK 0 SOIL SAMPLE SITE O (normally not shown) MISCELLANEOUS Blowout v Clay spot Gravelly spot „ Gumbo, slick or scabby spot (sodic) 0 Dumps and other similar .on soil areas _ Prominent hill or peak Rock outcrop r (includes sandstone and shale) Saline spot + Sandy spot Severely eroded spot c Slide orslip (lips point upslope) ' i? / Stony spot, very stony spot 0 m SOIL LEGEND The first l etter of the map symbol, always a capital, is the ini oal letter of the soil name. The second letter is a capital it the mapping unit is broadly defined v; otherwise, it is a small letter. The third letter, if used, is always a capital and shown the dope. Symbols without slope letters are those of nearly level sods or miscellaneous areas. SYMBOL NAME AaA Alta-la fine sandy loin. 0 to 2 percent lopes At Augusta fine sandy loam BN Beach-Newhan association. 0 to 25 percent lopes BoA Boiac loamy sand. 0 to 7 percent slopes Ca Cape Fear loam Cb C.-by muck CnA Conetpe loamy sand. 01a 2 percent slope Cog Corolla line sand. 00" percent slopes GB Corolla Ducknon corrplex.0 to percent slopet Cu Currituck mucky peat D. Dare muck Do Daovan mucky peat Ds Dragston loamy fine sand OI Duckston fine sand a D. Dune land DvvD Dune land Newnan complex. 2 to 40 percent slopes M. hi-den loamy sand NeC Newhan fine sand. 0 to 10 percent slopes NhC NewhamCorolla complex. O to 10 percent slopes No Nlmmo loamy sand or Otter fine sand OuB Guilty line sand.0 to 6 percent lopes Pa Puguotank silt loam Po Primer muck PI Portsmouth fine sandy loam R. Q Roanoke line sandy loam StA State line sandy lam. 0 to 2 percent lopes SIB State fine sandy loam. 2 to 6 percent lopes To Tomotley fine sandy lom Ud Udorthentt. loamy Wa Wares tine sandy loam Wn8 Wanda loamy fine sand. 0 to 5 percent slopes Ws Wanda muck g/ The composition of these units is more variable than that of others in the survey area, but snapping has been controlled well enough to be interpreted for the expected use of the soils. July 22,2005 SIIIRKEY RESIDENTS Lot #24, Currituck on the Sound Subdivision Currituck, NC Tax P.I.E. 05OA00000240001 CURRI 1 UCK CUUIV 1 Y, I`tUH I H UANULIINH - ZIMCC 1 Ifulvluu7 I St 1o ns s eel 722 y t i .c t h, '.I 271 tl .a-- / - Cu a>~,y a. ni ?.`a q CnA • = 9d BoA 1t 1 To AaA AaA s?, 9 Go a"i:aR'm "? s. Y •' Cb?' Cu ` Ru Pt ..M t 7 a r ..s r r'°Gh \ 17 - 1 ,r' AaA•? ,s '? .. ?r» CnA 5 r F„r: "~?l 1 ri .T° i £'S'1 1 L,, i? 131 At / TO Lys S"1 -? C:... i i f4 4 f.t,'. 't 1211 xrt .+ t* ` , AaA ,. 1 ° At q? ?To AaA AaA t? -? '+'S= id $Ily4,. i 3e .? U ucksk n 0 At CnAr°' .s PAZ, Y fZ- 1 t AAA Pa ;. Ro. iradet-Ik • Ro r • r , ; +, .? AaA No o No I CU . At Ds 0 At .. rAt t DS _ % AAA To o ?' *s'? P fife G?y ?1 ° f^rrp5r x5 ?"'ct .?5?? J?S=¢ti:r :pt eo t '.? •r. No 1 f ,: At Ra \ ' No 1 StA ' ^° x 3 • ` i r .??. .. ? Ds - rBoA .i ° Ds v AAA ( s 4^r3>w ,. ,Y - ? 1 .C$ n r i t ?C f a r „? w...°1N..41. BoA 1'. t At a - i StA 1 A ^F 1 /p°`:? Currituck 1 t 1 o f .c € At 1 ' Ro IQSr( r a s Fa ci 1 1 }laA 1 F't D Cb?' CnA lFl. r s 1 (!(/// a k- m,., T a??r•? Po i. Ro'z ?? 1 StA Ds 1 i i s {t 1 No ......I QS AaA f a1 c.' - 1 f oA ,.''< s ti i i r..1 r o B ?? 1.rr rS n 1?1 Sin Ci At J ?1 a p 1 r 1? ??;?{ I ? ?- ?7 Pa ?. 1 } s d l t T Ds -C, DS DqA StA f J 25 StA y N Ds t ^. 1 ,\ i o At ROB. 1? 1 s rt t V ,, .,fi n t No 1 r `1' i 1 Ds a k - } o Ca t.; .7 ? ?. P . _ I tas floA 1 ° r Ds i,:r s - '. 1;., • of s 7 •Po p 1 5s+ :?Mu ?1 ? f •s ?, " ty 1 2ADA. s 1 ti' 1 StA 1 a To No 1? a 1 1 191 1 4/r F 1 ?; 1 L 4 t.1 Gum Corner r a 1 ( Ws CnA pt A. Y k. 1 rid -". y A* z e .J $tA u 1 tr1.. g AAA To rr. '`' s t - - To [ T C 7 7 -°.,?' 1 ..es StA 1 1 4 Ds Di `` t ? . Pt ? t.-•r. Mu . ?cY L } _ „ ? jl. StA r v - Y ?' ' r'Pry •DSr- AaA To t nl .F' a 1 ,. ., At o ';1 i } '5 .mil b .mss ps 177 4. let'. p Ds t Ds Cu ad f a y ,i .v Ir a, •.?? .., r, r?,e'Sr,r ??' - y , s ??". :? n.'Ptr .'rti, AaA At To Y .i To - °+ ,a yf .c i n # Y.?r r,s2 Y "`. 'it it'ya G? $ + T AAA S 4 i { y S -,ter r> ?r ,?'v ?27?.v 1 To ri` o'.? .t r. p Ds; h fj r 9 8 % r ? w < + r ' ?FZ - H {..? ?? ? ,? 1i ?7! yi Yr Cb t s t"-t ? xt ,(?+,.k At To tf j r ' er z _ n'2",. s., :Nr.., ry"".?. ' µ a AaASt e3 ?: •'?OA To ?..+ '.l s Is ?s ?! 170 (lolnssheet 12) 28e0000te[7 5000 4000 3000 2000 10p0 0 5000 FC t 1 5 0 1 Kno meter Scale - 1:20000 July 22,2005 i SHIRKEY RESIDENTS Lot #24, Currituck on the Sound Subdivision Currituck, NC Tax P.I.E. 050A00000240001 ?' IC U.S. DEPARTMENT OF THE INTERIOR STATE OF NORTH CAROLINA CURRITUCK QUADRANGLE ?1/V U.S. GEOLOGICAL SURVEY i ; NORTH CAROLINA GEOLOGICAL SURVEY NORTH CAROUNA•CURRITUCK CO. 3C/IrKY 7pBCM1?/MIM DFPARTMI[NT OF FNVIRONMENT AND NATURAL RESOURCES 7.5-MINUTE SERIES (TOPOGRAPHIC) W07 '30' _ .: -._ . W -:esooooEEE, 'w 03e•30 _ os - 210' m :..,, in 3s•3o.. I L 91. - _. . _ +?-• 5 j, Tull Aa -1 - - - ?- ?-- Cie x; C. . WedBwwoot!' a i - LOW -17 .41 1.6 Is 1 j _rt C_Mtry ---- •- ---.----- ---t 1-11 a 9 : 27'30' i • ?!- - - - `? 27'30' ;c- r. 2.n Ch C_ oaj4 :. t 4 ? f .14 wrih7ck 7 Mt 2.7 • 1 21 A R/ / , t lit i A • ?{ z _ _^? 5 C. 0C 15'- - - - `-? --_- •;? r, I X12[. ?Scmt Ch t.. c.. • - ` _- + ? - - - - - ' ' - #illiiti ` t wa., ,?liOwbOPO Ch • s 'I _, • 31,Iv V I , r: t . j ? ? ? ? C.+ -?-?z •73 C IA C. 111 ? ? - --- - .?'_'_ • _ - ? - - _ Fo e?,,?} ? 1\ I 1 r _ - c - ml - -- - - -?, p C.".1 Sch i two. 00 . C_ 000 EfT • I* . % s- I IN' C., STwTe wA r'., k`--l/ a ?_ c - 3 ,..-. '. •tr•w 130, 78.07'30' W ) ex ro u n RI W S' 290' 77. 36.2 .._ If 0 ol7st 7s•oo• Produced by the Unwed Stale GeolO" Survey SCALE 1,DC L - in cooperatnn WAIh the North Carobs Depanmwl - a s __- -_ -=4RSRN I ) 110waws6111U7gN of Emlromnent and Nalural Rerotuca W • 'n raa w rm 2y hw al+w W+M'?mL?d> T"-Vaby cmWrd 1975. 41930 P6..wy am.d ann d.9eM rWun q ' ` S«ad.1bM.•.e 1977 cult wvcn. ; clh p' &mw e Sw"c l999. Y°'S b./.e4 wr1 c w rime ........ LYLmtwd..e._.. n w 7. be mge <h.gee 4 2002 Say mo d M. ?? . L m A?..? sikU YO RB ® aTd 9 b r 1917. Ba.dnrt -4 2002 - - - Olb10RAIrrA[LOrAIMIM . Stkcbd Ndmg.PW der, -lded Iatn NO$ rant 12207 (1979) :ye ru y'yis nl' ihb W- b not wbnbd for mrgetMnd pp_ CONTOUR INIFRVAL! NE9FAS h- P_ U.S F- SemRw ° Nwh u ) Prow, n xd S(*PtLWNIARY CONTOUR INTERVAL I METER 10 000 lwt D,urn d192) (N,U) 2T I > >?V ck.1 of thL•. Nwrh Cardw r.a.dwre ty.um DAS rIRDSNNEMEM W Vl RTXAg15 ARE 11 KALE fA -) rm woAao rtrACrarN Notrtx NAl10NAl cEOOEnc vtRUEx DATUEI Or or IMA July 22,2005 1000 .n.rar UwK.ul mtbn11 TI- rNnmmabr ttwrTRa Mtnr onmw rush. vs sxo.n,o r?r. nr u.sratl.ntr o o00.nnar Mar,im grd.ron 18 nmaruvnrbmssttaWNronR neuust.srenn SHIRKEY RESIDENTS North American D--11983(NAD 83) -h- by dedted S1NINANGS IN MLIERSDAIIM IS MEAN UN" LOW MATER CURRTFUCK, NC rnn itche NAIX' 17e N rJwt d the ekh I- NAD 27.4 NM e3 na Murwnuu.rvtrrt rIR rWOwrua.swtMS Lot #2QS Currituek on the Sound Subdivision u tre.a eAnuF a rot n AMt10MILLr e r ieru br 7 SADC S teriwn .e obl,VUbk Iran WtmJ Gobre 4 urlorMOreuN Torus urrur.IarmrRrrr 19" to Storey O tdtrare IESIG OMKRSWIT" M110NVMMACaWYSTANDARDS Currituck NC FOR SALE By U S. GE TMe rys be Prb.N tdwNtrgr avNn tlr batnderln d OLOGICAL SMIN. P.O. BOX r. M. DENVER. COLORADO TOM MWtI°tW.S.v nterwmmtMn.mab wq • •ro:.e AFOLDER OESCRRUNG TOPOUt&MK MAI% AND SYMBOLS ISAVAIARLE ON REAIR.SI NKA5716INE40WSVMN Tax P.I.E. 05OA00000240001 Aug. 8, 2005 Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC. 27699-1650 Qd?? PUG ,? ? 7005 Re: Shirkey Residence aPR ?acN Nationwide 18 Permit DEOSjJSZ Lot 24, Currituck on the Sound subdivision ?r 112 Carotuck Dr. Currituck, NC. 27929 Dear Mr. Dorney Please find in this Notification Package two (2) copies of ; 1- Pre-Construction Notification Application 2- U.S.A.C.E. Notification of Jurisdictional Determination 3- North Carolina General Warranty deed for ref. prop. 4- North Carolina Ecosystem Enhancement Program acceptance letter 5- Topographic Survey for ref. prop. 6- 404 Wetlands Delineation Survey of ref. prop. 7- Site Development Plan for ref. prop. 8- Approved Land Disturbance Permit and Site Development Plan by Currituck County Engineer for ref. prop. 9- Construction Authorization of Wastewater Low Pressure System for ref. prop. By Albemarle Regional Health Services. 10- NRCS Soil Survey for ref. prop. 11- U.S.G.S. Topographic Quad Map for ref. prop. Aug.8, 2005 Mr. Dorney I have sent 2 copies to your office Division of Water Quality as a courteous notification of improvements for site work at our future residence as you have instructed me. Also I have contacted Frank Jennings with North Carolina Division of Coastal Management and he has told me that C.A.M.A. would not require a permit for site work. I have also given his office a courteous notification. I have sent the Pre-Construction notification package for a Nationwide 18 Permit to U.S. Army Corps of Engineers as Mr. William Wescott has instructed me. I would like to say Thank You for your help and guiding me with this plan and permit. John L. SWrke and wife Teresa D. Shirke Y Y 2020 Centerville Tpke. South Chesapeake, Va. 23322-1906 Home 1-757-421-7085 fax 1-757-204-4107 Cell 1-757-342-3337 Office Use Only' Form Vcrsion March 05 USACE Action ID No. DWQ No. (if 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: 9Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ [J 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NR(?'rNw+?? 18 3. If this notification is solely a cou esy 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: a 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), the II. Applicant Information L AUG 1 6 2005 1. Owner/Applicant Information DENR -WATER QUALITY Name: Scan _ ?. Rl f?? 1! ?i E=c_ l cr?-? L\, arsD STORidWATFR PRANCH 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Pace: 5 of t? Telephone Number: -1S7- gZ1-70!E?,,:?- Fax Number: -VS-? -'ZGC( -1-((Gr7 E-mail Address: SHI RL`MAN 4CL III. Project Information 5. 8. 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: 2. T.I.P. Project Number or State Project Number (NCDOT Only 3. Property Identification Number (Tax PIN): 050 CC,'00C; 2_900C 1 4. Location -?- County: eurr-Ric is Nearest Town: Cl} W OP_J OW?ll-_h1? Subdivision name (include phase/lot number): { ri Sc-X Directions to site (include road numbers/names, landmarks, etc.): U.S, Irv o SIR. 13y3 ?,r v Scut- ??'_ Lt--7 t4 i C S l `{?I Cnvo G? O? I i2 Site coordinates (For linear projects, such as a road or utility line, attach a separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): ON -7 V. O'ZO 1-1 ow 6. Property size (acres): c3?sS AWeS `21_11000 f-?, F-4, 7. Name of nearest receiving body of water: River Basin: l?ks.4 t10 *AN k (Note - this must be one of North Carolina's seventeen designated major river basins. River Basin map is available at http://ii2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the at the time of this annlication: e n?D?velc?e?. L o+ ",,4+.i ; i?wuol The sheet that Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: IV. V. 11. Explain the purpose of the proposed work: Sa l ?clc?? K -Tc, 1??? e Lo{? LcJ- for' Sit?c?Lc'_ ?aM??.i 2?cit?e t?)c avL ?Ann,l ?i 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 prior segments of the same T.I.P. project, along with construction schedules. ,vb ftc /i`ot,,) 1 vt cL Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. K:C, lU e- VI. Proposed Impacts to Waters of the United States/Waters of the State t?? 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. A posed impacts: ?elziW t A„ STc?e- A?a> ?i L? tom. ?n i? IL?c? At??N WF`/?I S e Lac ?' N LL to o, Provide a written description of the I l . - ..i ._. 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, cPnnrntely list imnnct-, due to both structure and floodina. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bob, etc.) Located within 100-year FloodpIain (es/no Distance to Nearest Stream (linear feet) Area of Impact (acres) I [?-i LL 'psi 1'?S -7->-cc) I- a,o?n Total Weiland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: C-1 - 0 F-5 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 t? Perennial Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres a 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 project. Stream Impact (acres): Wetland Impact (acres): % 0. C 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 Q 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. 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/emb ent, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock wat ring, 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. ->? t,? e=??? A Lo n t?lv? ??auc?S i?-f MA-?kL( 6E',aje- r4t7t'?9 s 4?G? Fair V- r- I& l?zoz?°ct- l?owc? 14 aPt4t . -Thr? V G)-e r`, P4v--e?q s STrv1?L . 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 littl•//h2o.enr.state.nc.us/ncwetIands/stringide.htm1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. , . , 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://li2o.enr.state.ne.us/Nvrp/index.litni. If use of the NCEEP is proposed, please check the appropriate box on page five 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): Amount of Non-riparian wetland mitigation requested (acres): ?'X o, c, le, tQ cpes 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 -" 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 ? 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 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .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. Zone* I rc .- irt.", I Multiplier I Required I 1 3 (2 for Catawba) 2 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. ; pnoe 1 1 of 1? XI. XII. 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 ?I,l? Z8 ??r-? ? ? r rn P1 ? Iw l o,z? e? ler . (H?n ? , `? demonstrating total proposed impervious level. i Y?;,P-?.•c.,,,,,_?>.a P_V_.'?. ?nr?•? f4 Y•G\ OvT'-?+iL?it.; cl?C^? 2?C^i?? ?b Gam: l?of. ?`Lr- I?E'?JG??IC` -rn?s? ?OnTvr AFB. ?? Pk a( Y_ L'?,awf . ( ? ^F-(Zt?V C-rl- U'orMtrI(• (, LLAjV 0 P {>IAIU Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the pro osed project, or available capacity of the subject facility. 4 I 11--II4 + . ». Wig S ?C cj. -5./ C. 0" ASS <( t? W L?l t'Nt?+ rc+2 4 t?cr i4?ri? ?rc?i t?i/ I L??+?. S, clrFx T:?[a c TZv W H07ILf41 Sc?2ViC?S XIII. Violations (required by DWQ) Is this an after-the-fact permit application? Yes ? No is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No [ XIV. Cumulative Impacts (required by DWQ) ditio al Will this project (based on past and reasonably anticipated future impacts) result in adEl"' development, which could impact nearby downstream water quality? Yes ? No 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 htty:Hh2o.enr.state.nc.us/ncwetlands. 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). Ig 444 ?l ?1?,j[-OS Applicant/Agent's Signature J Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 i,,,& eL,-Aza ? 01'ct- 20 3S' ULS, J?nv l? J P(,r1w0 ? ???? T=, U- -Z , I y? c?, F+ o ?h e ?,sq7 sv, l + r? F `? ??l 1 Ut tLtanc?S CN S-i'l-e. ?o ??F?w? e??ii'???.;? ?4J?ivisior? ??'r4iV-%O?(S?C ?+?'G?-? i4N? l,l. ??'-erg: ter- ??e???Cc(oF 1c cc,"???e??cl, oJ?crcLll l?i'ojec K/ L , Rc. ti- Siw5Lc PrvullrLy Zesih ewc t?. . Y -?i--I CO stem . i n1 pJ N PROGRAM April 6, 2005 Corrected John & Teresa Shirkey 2020 Centerville Turnpike Chesapeake, VA 23322-1906 Project: 112 Carotauk Drive County: Currituck The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that will be mitigated arc summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Pasquotank 0 0.08 0 0 0 0 0 0 03010205 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio. The magnitude of the compensatory mitigation will be as specified in the Section 404 Permit, and/or 401 Water Quality Certification, and/or the CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5205. Sincerely, b:7D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Doug Huggett, Division of Coastal Management Tracey Wheeler, USACOE-Washington Kyle Barnes, DWQ Regional Office-Washington File kmi oYLKg... .. Pro" our Stat& E?+i UM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200510012 County: Currituck U.S.G.S. Quad: Currituck NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: John L. Shirkey Address: 2020 Centerville Tpke. S. Chesapeake, Virginia 23322-1906 Telephone No.: 757-342-3337 Property description: Size (acres) 0.55 Nearest Town Currituck Nearest Waterway Currituck Sound River Basin Pasquotank USGS HUC 03010205 Coordinates N 36.4566 W 76.0204 Location description Lot 24 on Carntauk Drive in Currituck by the Sound Subdivision community of Currituck. Indicate Which of the Following Apply: Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property :which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 10/12/2004. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to detemune their requirements. pnae 1 of 2 Action Id. 200510012 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Wescott at 252-975-1616 ext. 25. Basis For Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual, and is adincent to Currituck Sand. Remarks: Corps Regulatory Official: Wzk-? Date 10/19/2004 Expiration Date 10/12/2009 Corps Regulatory Official (Initial): tK) 2L FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Pacer 2 of 2 JURISDICTIONAL DETERMINATION Revised 8/13/04 U.S. Army Corps of Engineers DISTRICT OFFICE: CESAW-RG-W FILE NUMBER: 200510012 PROJECT LOCATION INFORMATION: State: NC County. Currituck Center coordinates of site (latitudellongitude): 36.4566 N 76.0204 W Approximate size of area (parcel) reviewed, including uplands: 0.55 acres. Name of nearest waterway- Currituck Sound Name of watershed: Currituck Sound JURISDICTIONAL DETERMINATION Completed: Desktop determination ? Date: Site visit(s) Datc(s): 6-24-2004 Jurisdictional Determination (JD): Preliminary JD - Based on available information,[] there appear to be (or) ? there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). ® Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: ® 7bere are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: 0.08 acres. ? There are "isolated, non-navigable, infra-state waters or wetlands" within the reviewed area. ? Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as "navigable waters of the United States": The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. B. Waters deflncd under 33 CFR part 328.3(a) as "waters of the United States": ? (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are sub?cct to the ebb and flow of the tide. ? (2) The presence of interstate waters including interstate wetlands . (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): ? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ? (ii) from which fish or shellfish arc or could be taken and sold in interstate or foreign commerce. ? (iii) which are or could be used for industrial purposes by industries in interstate commerce. ? (4) Impoundments of waters otherwise defined as waters of the US. ? (5) The presence of a tributary to a water identified in (1) - (4) above. (6) The presence of territorial seas. ® (7) The presence of wetlands adjacent2 to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). Ifthe jurisdictional water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. IfB(I) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is navigable andlor how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, S or 6) is used as the Basis ofJurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Manual, and is adjacent to Currituck Sound. Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) Ord inary High Water Mark indicated by: ? High Tide Line indicated by: ? clear, natural line impressed on the bank ? oil or scum line alongshore objects ? the presence of litter and debris ? fine shell or debris deposits (foreshore) ? changes in the character of soil ? physical markings/characteristics ? destruction of terrestrial vegetation ? tidal gages ? shelving ? other. ? other. Mean High Water Mark indicated by. ? survey to available datum; ? physical markings; ? vegetation lines/changcs in vegetation types. Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by. Hyman & Robey, PC Basis For Not Asserting Jurisdiction: ? The reviewed area consists entirely of uplands. ? Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). ? Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). ? The Corps has made a case-specific determination that the following waters present on the site arc not Waters of the United States: ? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ? Artificially irrigated areas, which would revert to upland if the irrigation ceased. ? Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. ? Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(x). ? Isolated, intrastate wetland with no nexus to interstate commerce. ? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ? Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): El Maps, plans, plots or plat submitted by or on behalf of the applicant ? Data sheets prepared/submitted by or on behalf of the applicant. ? This office concurs with the delineation report, dated , prepared by (company): ? This office does not concur with the delineation report, dated , prepared by (company): ® Data sheets prepared by the Corps. ? Corps' navigable waters' studies: ? U.S. Geological Survey Hydrologic Atlas: ® U.S. Geological Survey 7.5 Minute Topographic maps: Currituck ? U.S. Geological Survey 7.5 Minute Historic quadrangles: ? U.S. Geological Survey 15 Minute Historic quadrangles: ® USDA Natural Resources Conservation Service Soil Survey: 6 & 9 ? National wetlands inventory maps: ? State/Local wetland inventory maps: ? FEMA/FIRM maps (Map Name & Date): ? 100-year Floodplain Elevation is: (NGVD) ? Aerial Photographs (Name & Date): ? Other photographs (Date): ? Advanced Identification Wetland maps: ? Site visit/determination conducted on: 6/24/2004 ? Applicable/supporting case law: ? Other information (please specify): Wetlands arc identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.c., occurrence of hydrophytie vegetation, hydrie soils and wetland hydrology). =The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. NOT111CATION OF ADMINISTRATIVE APP? AT, OPTIONS AND PROCESS AIND REQUEST FOR APPEAL kpplicant: John Shirke File Number. 200510012 Date: 10-19-2004 At tached is:A roved Jurisdictional Determination See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT Standard Permit or Letter of ermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ,ECTION I - The following identifies your rights and options regarding an administrative appeal of the above. iecision. ` Additional information may be found at http://wNvw.usace.an-nv.mil/in6t/fu nctions/cw/cecw6/reg or ?o s regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or )rovide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps •egarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved FD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new nformation for further consideration by the Corps to reevaluate the JD. ;ECTION II REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT tEASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your )bjections to an initial proffered permit in clear concise statements. You may attach additional information to his form to clarify where your reasons or objections are addressed in the administrative record.) 4DDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps nemorandum for the record of the appeal conference or meeting, and any supplemental information that the -eview officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps nay add new information or analyses to the record. However, you may provide additional information to clarify he location of information that is already in the administrative record. ?OINT. OF CONTACT FOR QUESTIONS ,OR INFORMATION: f you have questions regarding this decision If you only have questions regarding the appeal process you ind/or the appeal process you may contact: may also contact: US Army Corps of Engineers Mr. Arthur Middleton, Administrative Appeal Review Officer 3ttn: William Wescott CESAD-ET-CO-R Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 60 Forsyth Street, Room 9M15 '252 975-1616 ext. 25 Atlanta, Georgia 30303-8801 ,IGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any ;overnment consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9MI5 Atlanta, Georgia 30303-3490 irnt-1t29257.pta 05-242005 Currituck County Construction Authorization Owner-.John L Shirkey Owner Address:2020 Centerville Turnpike Owner Address(2):Chesapeake, VA 23322-1906 Owner Phone #: Property Address:lot 24 Currituck on the Sound Property Address(2):112 Carotauk Dr PIN:29257 Record 9050A00000240001 Establishment Type:Home Type of Well: Public Well Design Flow (GPD):360 Install septic system designed by Performance Engineering. Project number 919 dated May 9, 2005. Jse a 1000 gallon Septic Tank and a 1000 gallon Pump Tank. -ow Pressure Pipe System consist of 9 lines 40 ft long, 5' on center. System is to be inspected by Performance Engineering as it is being installed before any components are covered up, this includes nitrifcation field and leak test. '.ontact the ARHS Health Department at least 48 hours in advance of start up. -he following is a list of who should be present at start up; Engineer from Performance, kRHS representative, Installer, Certified Operator, and other representatives as needed. Engineer from Performance must submit a construction approval letter to ARHS before a Certificate of Completion can be issued. A signed contract with a Certified Operator must be submitted to ARHS before a Certificate of Completion can be issued. Albemarle VReglonal HEALTH SERVICES Initial Site Wastewater System:Low Pressure Pipe Long Term Acceptance Rate(GPD/SQFT):. Trench Width:1.5 FT Trench Spacing (OC):5 FT Trench Bottom From NGL:-18 IN Septic Tank Volume: 1000 GAL Pump Tank Volume: 1000 GAL \ copy of the site plan is attached, use Quibles plans for exact specifications. Authorized Age David R Swinnev. R.S. Date 5/24/2005 Approved: Date: Currituck Countv GIL FALASCO. P.E. Public Work: Dcpucment County Engineer P. O. Box 38 4 Currituck, NC 27929-0038 (252) 232-2604 Fax(252)232-3298 July 13, 2005 Mr. John L. Shirkey 2020 Centerville Turnpike, South Chesapeake, Virginia 23322 Re. - Land Disturbance Permit 112 Caratauk Drive, Currituck on the Sound Subdivision Parcel ID # 050A - 00000 -24 - 0001 Dear Mr. Shirkey: Please be advised that the above-referenced Land Disturbance Permit application has been approved for compliance pending approval of proposed wetland activity in accordance with U.S. Army Corps of Engineers regulations per Nationwide Permit #18. Please be aware that this permit solely addresses storm water concerns and that any other code related design issues may need to be addressed via separate discretion by the appropriate County regulatory agency. If you have any questions or if I can be of any further assistance please call me at 252-232-2504. Sincerely, Gil Falasco, PE Currituck County Engineer cc: Bob Stewart, PE, c/o Performance Engineering Donna Voliva, Planning Department (Enclosure) GRF / grf DENR - VJAI"ER (.MAUI Y tiNETLANDSAND STOR!AVATER BRANCH I, , REVIEW OFFICER OF CURRITUCK COUNTY CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. REVIEW OWCER DATE PROPERTY SURVEY FOR JOHN L. SHIRKEY CRAWFORD TOWNSHIP CURRITUCK COUNTY NORTH CAROLINA BEING LOT 24, 'CVRRITUCK ON THE SOUND' SUBDIVISION AS SHOWN ON A MAP RECORDED IN P. C. A, SL, 117 & 118 O These standard symbols will N be found In the drawing. SET 1/2' IRON RE-BAR O EXISTING MONUMENTATION R/W - - DITCH - --- - - - PROPERTY LINE EXTENSION - - - - - - - - - - - - I, WILLWA C. GODFREY, JR. P.L.S., L-4342, DO CERTIFY THAT THIS MAP WAS DRAWN FROM MY ACTUAL FIELD SURVEY; THAT THE DEED DESCRIPTION FOR THIS PROPERTY IS RECORDED IN O.B. , P. : THAT THE RATIO OF PRECISION AS CALCULATED IS 1 :10,000+; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH BOARD ` %',AMY ORIGINAL SIGNATURE, REGISTRATI01? 44, "'VIS 3 DAY OF MAY. 2005 `.`20 •.?c,ssfo4, x). i M - tl / f?AL ..4 /7 DATE MAY 3, 2003 + ?. •( WILLIAM C. GODF?ijf?f J ?• 3>`? CODFREY do ASSO TES SURVEYIN4^.INC SCALE 1 40, FIELD BK. / 22 1''qM C..Go?F`.?` I, WILLIAM C. GODFREY, JR. ? L!3!,,, `24342, DO CERTIFY WILLIAM C. GODFREY, JR. P.L.S.. L-4342 DRAWN BY : W.Q. THAT THIS IS A SURVEY OF AN EXISTING PARCEL OF LAND. P.O. BOX 1117 ELIZABETH CITY, NORTH CAROLINA, 27908 FLOODZONE A5 (8) F.I.R.M. PANEL NO. 370078 0160 C PHONE (252) 771-2272 FAX (252) 771-2888 MCBILE 252 287-3,942 LOWEST FLOOR ELEVATION + N/A HIGHEST ADJACENT GRADE - N/A FILE NO. 005-1247 WAlt Ur NUKIM LAKUUNI. UUUNIT UP UUNR4IUUK 00 LEGEND W WETLANDS FLAG 0 O EXISTING IRON PIN LOT 26 N O SET IRON REBAR BOUNDARY LINE N RIGHT OF WAY LINE - -PROPERTY EXTENSION - - - - - -SETBACK LINE - - - - - - - -404 WETLANDS DELINEATION LOT 25 PERMIT OFFICER THIS CERTIFIES THAT THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF THE JURISDICTION OF THE SECTION 404 OF THE CLEAN WATER ACT UNDER THE PRESENT LAW AND REGULATIONS AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE 1987 CORPS OF ENGINE,EoRoS, -WETLAND DELINEATION MANUAL. US ARMY CORPS OF ENGINEERS p[R@p=Dwm D? A!1(' FLAG #1 S 77'46'00" W 120.00' 55.28' '3 404 WETLANDS 3,597 SF. "', oo l 0.08 ACRES , BY COORDINATE METHOD = FLAG Q2 Siu- .4, A`-:lw/ C-4 . `Y m 0 ' FLAG y3 I'v ?i0? hti; ryo '4%. LOT 70 3. 0 0 v z LOT 72 FLAG #4 UPLAND 20,383 SF. 0.47 ACRES BY COORDINATE METHOD co N Ci O) --------------Y --------- o 0 N -- _I --------------- (TIE) N 77'47'25" E 139.52' TO EIP N 77.46'00" E 120.00' CAROTAUK DRIVE (SR 1344) (60' R/W) ..` w ^ fry } CD E =o : % %%N CARS > Q? ti• C) F y SEAL 9?•' _ `f' ° '.•< L-2690 0? - - I, EDWARD T. HYMAN, JR. PLS-2690, CERTIFY, • • ?J? THAT THIS PLAT IS OF AN EXISTING PARCEL(S) OF LAND. 1H?? I, EDWARD T. HYMAN, JR. CERTIFY THAT THIS PLAT WAS DRAWN FROM AN ACTUAL FIELD LAND SURVEY MADE UNDER, MY SUPERVISION: THAT THE DEED DESCRIPTION FOR SAID EDWARD T. HYMAN, JR. PROPERTY IS RECORDED IN D.B. , P. : THAT THE ERROR OF CLOSURE IS P.L.S. L-2690 1:10,000+; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH BOARD RULES, WITNESS MY ORIGINAL SIGNATURE, REG. NUMBER, AND SEAL THIS 19 DAY OF FEBRUARY, 2004. 0 0 N GRAPHIC SCALE 30 0 15 30 60 6m m ( IN FEET ) I inch = 30 ft. 404 WL7TLANDS DELINEATION DRA {iN. RWJ 20 OFLOT 24, CURRI MCI( ON THE SOUND SUBDI VISON, FOR SCALE. 1"= 30' Rn hev.I! JOHN L 5HI R KFY DATE: 10 Lana Co11su ting n . A UGUST 11, 2004 Sisr-veyors = Engineers o _ CRA WFORD TO WNSHIP DRA KING -' ' _-- " CURRI TUCK COUNTY 040719WLD 150 A US HiVY 158E NORTH CAROLINA SHE 1TOF 1 (252) 338-2913rth Ca(252) 335-1888 0 LOT 71 -(TIE) L79-19-45- E 64.72' VICINITY MAP N i. v n :3' ?7 ? ° T 77 u z un o N n C y C ? a ° H N N ? N 7 ° N -' O f C7 K f f m m v_ o < "- Z? m ? f m D n N m A OD -1 O O m r D. z -Ni D D N m r r A o z o C d g wn N _ a - s m om or omp p o c° w a m c -_ . ° RO m .,d R - 3 n ?d: ° ° '.. o C ° v 3 ^_ d, C o .. N d u _ _m &1 D _c - co o do O -< m O n='. m O °. '° n i 0 D a r. o 0 o n o ?D O d w a 3 dN p . 8- F iN ' O ..o ?? D ET = < J K, ? a »$ 0 n 20 Z O o » m m nn -? B Eo n P v o' o „T1 v' x x .. Z D 0 - m Z °' C _ _ __ = I 1 I r r?- i I I I in w r- I I N m ? O $ n D x u n n n c ' d n i y O O n ° D v ? is X » d o 0 3 r ° ' ° ° _ Z ' Z m ^ n 3 ^ O O N __ ? c m n p c O _ j " f p °. P ? - 'T1 0- c ' m c m _ m G rn m N " D c p m m < .? C ? D O : m c p N m m p N ? N ? f o o _ om 0 n ?' d s p O 3 1 O O 3 n a ^ v pm r o O R " ' j F O (n (n 0 'O w '? 9 - o 'oD v N $ oo v m o - o o ^? n? ?tl on o _ c g D Z dv m N Z - m 3d Ns M M r Z r n V N Q n p m, 9 o Q o N D (n n c ^? p N r (- '? m ?O O m R 3 v o' ? m R? ? ? < ? _ c is = ? F z 0 = g s r = o . G -n m M ? ? ?P + ? III a ? 6 co 0 E O Z U) m 0O Z r - C/) a r r M a m Z v Z v-0 m a r f f d m o _Nw mD M ° So O9 m oZZZ ? i ; 000000 „ ° w F x'151 ?f c? mo o = D D » D N oC )c O D D o ? n 3 n 3 v ??? In rn A o0 00 22Z i OOOOQO OAC ?c sf om DD »,R no 3 co o dd d3 cudR?r o? °. v?g? j ' o d y ° 0 'r3 F _ w Cr 3 i 3R - w rh h o o n n' 3 F i ='oc ?' O n -3 : 3 n `no < Z .'. w 3.g A° o '3 r s gc F Fi _ 0 < r ° 3 0 0 ' ° ° R » 8 3 0 R °° c ^1p ..10 3 0 o o 3 a 0 o ` 33 > ' 3 o 0 3 R .0 oR oRu R o o m mo °^ ° °R^ m `& Z ° o s a _ o R n v soy ho q g5 R R " = xd?o? d _ _ » R ° o - - o " $ StA a9 BoA F A At CnA I _ Ds sr1\? AaA No loins sheet 6) Lb a A \\VnA Iny Ds4. \ ?M h P, •''y!?? AaA F ,F t rr ??14 Po Lb Fitt a (Joins sheet 12 0 r r o a l 116 ?y, d StA Ds - i ev • •? '. D s 1 I s i? iy "° e? ?r9 t ' yy 8 A t-. Y ego 000 FEET July 22,2005 SIIIRKEY RESIDENTS Lot #24, Currituck on the Sound Subdivision Currituck, NC Tax P.I.E. 050A00000240001 A. Aa 5i' l StA y 1115 y 4 \ Mu Ds t FI f % StA sJ ; Tg At CnA ?Mj .,TD AaA Dss ..` T( % e Pt Ds 1 '•'Ds•, AaA To to BOA BOA No X .04 Pt At To BoA AaA Ds ? To A.A USG U.S. DEPARTMENT OF THE INTERIOR STATE OF NORTH CAROLINA CURRITUCK QUADRANGLE 2,, V W S U.S. GEOLOGICAL SURVEY i NORTH CAROLINA GEOLOGICAL SURVEY NORTH CAROUNA•CURRI UCR CO. a?bw,'e MeceryN6 rLaM DE.PAHTM ENT OF ENVIRONMENT AND NATURAL RESOURCES 7.5•MINUTE SERIES (TOPOGRAPHIC) 76°0730' '00-1 TI 0t 5 C: 05 IN 1'30' m p r 1880000iEE7 •B 76°00 36.30.. 6-30 • s -_ F 7 i '= -• roll 7 !oy . V C T '79"X1 - _.. ? .a ?• • _ - _•_ '1 ,IL, _ I ' .t)'? I}II ? Z 11[ _ ?. C_ -? I Z wodpn= 2.6 01 C_ 1 I - - NAry 17'30 _ ? 17'30' \ La \ 7 i? 'Gow Tenq 1 w`k ' 1 ` - L Currifuck C_ h '? •r - - - .i+ I mil ?+ Crnr ( - ?: Ra • i• • YAT3 - - - C_ '? ?-• • '? / ?' % ima 2.1 It Z' ?? '•- - _ _ •' Ger am` ,? ?? ? ? •r \- _ - - ? _. _ ?_ , -•??-- ? ? , - -? ° 177 COIN (M P.u.u?wda '• _ !`? -31 Alt 25 I ! r - •_ T? -•?• xS 1?- 'JO `-"_- - . I: heA?MO t --#?..--- -? S-s - _ _ 4-+='s = '---3=+« =• =-r . i. ? 1?'..' :'!0 - r W la Mawboro Prwrdlo h Caw - _ - _ - Y r • - x y .717...1 !?` _ .w - •- }t C_ _ Wil; ? ` tadp I F - C" C ?. c1t - -t,: _ «C. Alen 'A I - _ - _ - _' 1 { A • ct i ? ? 1_ ® I f i 13 ' CXn k -21 -- - • ?- - - t _ 1i - - / ?...ti,_... .. 3.5, ?_ w - YZL 'a1- WF•?t ?c?. T. (_ Cam .,/ Z4 . f _s - -S•i'A L•L'- 064 /.2m , _ - 1. .}-•i? i _ - i , - _ _ - 38°11]0 .11'30' 76-07'30' •tp n VI V7 6. W _ '01 YM - -?-? - - - - - _- - :--- _ 38 1'30' V1? w p 'IIT4 76"00' Pral,Red by the Uneed Stales GROlNkal Survey SCALEI,CC)GI tL40 001N .nau,_aouor.l,u,rv •rxx ra,u.. 11 cl.1-alkni with the North Carolina DepanInent ROAD ]ASSR1CAlgn of Enviruamlent and Milural Rewumes ''?' r "n wl!AS nn Im --- - HIw71tA„aY IyMbyro?A Wan TuVo9roMY mrNxk,l 1975 nx11980 Pu-,x, dnx.d Iron m Wr, IJm ? _ :_?! - ,-_ ,? __ _ _ _ _ _.- _. xC Z! W/radar...... I?pwr/arrlerr .. 1977 and alh,. -.. K.1-1-d "una dead 1999 ro xu pr , t er Maln Jw -ba.wd gra Soon ronod zJA ?N; tAn ARdl; 9)1 l IID OIrARRVWItlIXA1Ox Wlrr4r...... llxarPrarod roa/...... . r.nl.,dwn 1kAXd.rN„<,,,ra1901 '0"• 'Ar...,.--=JOp .?.-_, ?: A...•? gal aA15 0'U S<krlyeMl dau rwnpll<J Lom NOS rlan 1110 7 1197 91 I ,RIS -?'• IernrlaN RrrXr U.S. Rrw 61w Row TIN, 1a=Z%1 1`- N l kd lo, nn•lynNN A N,N-, CONTOUR INTERVAL! METERS =O IN ANN,-., Uaxnn .1 1917 INAO 171 IYOp N., ..W I SIaP1E:M1.14TARY CONTOUR INTERNAL I HIM mmmrV 10 q10 lw1 a,4,. Nunh Camlinr ux,dunv ryikn, HASHED SUPPLER MANY CONTOURS ARE APPROXIMATE ',005 6.,mbrtl runlu,wlrun,) IoM 411U AM IIMWWMIM NIXIIN NATIONAL GEOOElK VF31IICAL DATUM OF119 July 22 q C,IxAIM1N AI CE-orSICI nnaoA II,'A NrLW-711DR'AAREla 114119 1000 mu, UW-.I T-m- N<-1., y J ,or 1 IRONIC` AIINME RSDATNwn,^IN,11N SHIRKEY RESIDENTS Y-nh Amrn an UeXm o119831NAU SO),, dawn lh L a SWTOINGS IN METERS W7lW IS MEAN IORtR LUW RATER ,ar r4L1 11.1 dur, d 11a1b1N I- NAD 17 1 \V) . XLIA XrxA,,i CURRITUCK, NC So 75 nm?N lntrr-Nm' - obla-bk I-. Nma,-114.1, nN IMAN rnMa IN M IN AMRULMAMY. I NETEX Lot #24, Currituck on the Sound Subdivision "? w,..Y NADCON adwarr A mcoNJlRrraUM Iff-rolllT.- 1111- 1"9 There brPrx'aa,ahdd",M-dNiwrdu.,.d IIISIwCOMPULSWITH NATIONAL MAP ACCURACY STANDARDS Currituek,NC ?a NetlorW ar NYIr n,rrvebom ,ho'an m IN, man FOR SALE: BY U.S. GEOLOOM SURVEY, P.O. BOX 25M. DENVER, COLORADO SMS NIIIA 67M 1 NESERIE41AWN ? N A EDIDER DESCRIBING TOPOGRAPHIC MAPS AND SYMKU IS AVARABIE ON REQUEST Tax P.I.E. 05OA00000240001 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200511923 County: Currituck USGS Quad: Currituck GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: John L. Shirker Address: 2020 Centerville Tpke. S. Chesapeake, Virttinia 23322-1906 Telephone No.: 757-421-7085 Size and location of property (water body, road name/number, town, etc.): Lot 24 on Carotauk Drive in Currituck by the Sound Subdivision, Community of Currituck, Currituck County, North Carolina. Description of projects area and activity: Fill 0.08 acres of Section 404 wetlands for the purpose of residential development. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ? Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact William Wescott at 252-975-1616 AX? exte Corps Regulatory Official Vnu, Qh t n 1. 10 , D Date: 09/15/2005 Expiration Date of Verification: 03/18/2007 SEF ?, 2 2005 DENR - WATER QUALITY YrtTLN@S AND ST0R1d NATER EM Page 1 of 8 ?n3 .._. Determination of Jurisdiction: . `i Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process jf cference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (C WA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 10/19/2004. Action ID 200510012 Basis of Jurisdictional Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation Corps Regulatory Official.: (/V. vZ- z V. W I S Date 09/15/2005 Copy Furnished: - NC Division of Water Quality NC Ecosystem Enhancement Program Page 2 of 8 September 15, 2005 Regulatory Division Action ID No. 2005 1 1 923 John L. Shirkey 2020 Centerville, Tpke. S. Chesapeake, Virginia 23322-1906 Permit Special Conditions Your work is authorized by Nationwide Permit 18 provided it is accomplished in strict accordance with the attached General Conditions and the following Special Conditions: a. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. b. The Permittee shall mitigate for 0.08 acre of wetlands associated with this project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in an amount determined by the NCEEP sufficient to perform 0.16 acre of non-riparian wetland restoration mitigation in the Pasquotank River Basin (HUC 03010205). This permit is valid only after the Permittee has made full payment to the NCEEP, and the NCEEP has made written confirmation to the District Engineer, that it has received payment and agrees to accept responsibility for the mitigation work required, pursuant to Paragraph IV.D. of the Memorandum of Understanding between the North Carolina Department of Environment and Natural Resources and the U.S. Army Corps of Engineers, Wilmington District, dated November 4, 1998. If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina Division of Water Quality, telephone (919) 733-1786, regarding Section 401 Water Quality Certification. This nationwide permit does not relieve you of the responsibility to obtain other required State or local approval. This verification will be valid for two years from the date of this letter unless the nationwide authorization is modified, reissued or revoked. Thank you for your time and cooperation. Questions or comments may be addressed to Mr. Wescott, Washington Regulatory Field Office, telephone (252) 975-1616, extension 31. Action ID Numb er:200511923 Permittee: John L. Shirker Date Permit Issued: 9/15/2005 Project Manager: William Wescott County:Currituck Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT WASHINGTON REGULATORY FIELD OFFICE Post Office Box 1000 Washington, NC 27889 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Page 3 of 8 CESAW-RG-W DATE: 09/15/2005 MEMORANDUM FOR RECORD SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1. Action ID. 200511923 2. Project Name and Location: John L. Shirkey--Currituck by the Sound Subdivision 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES If NO, Explain: b. Is compensatory mitigation necessary? YES Explain: in-lieu payment to NCEF,P at 2:1 restoration ratio for 0.08 acres of non-riparian wetland impacts. 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO If YES, describe steps taken to address concerns: 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO b. If YES, describe steps taken to address concerns: 6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act). a. Is this a project that "may adversely affect essential fish habitat"? NO b. If YES, describe steps taken to address concerns: Corps Regulatory Official: V ?J •1 Waco 9, w ? S t Pagc 4 of 8 i =NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND IREQUEST FOR APPEAL Applicant: John L. Shirke File Number: 2005 1 1 923 Date: 9/15/2005 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A permission) PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C _ APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.tisace.anny.mil/inet/functions/ew/cecwo/reg or Corps regulations at 33 CER Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit 9 ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative kppeal Process by completing Section II of this form and sending the form to the division engineer. This form nust be received by the division engineer within 60 days of the date of this notice. Page 7 of 8 D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INF ORMATION: If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review attn: William Wescott Officer Post Office Box 1000 CESAD-ET-CO-R Washington, North Carolina 27889 U.S. Army Corps of Engineers, South Atlantic Division 252-975-1616 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 Page 8 of 8