20052158 Ver 1_Complete File_20050126

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PROGRAM

RECEIPT

August 22, 2006

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Russell P. Lentini
POBox 65
14 Chestnut St.
Kulpmont, P A 17834

Project:
County:
DWQ#:
USACE Action 10:
EEP No.
Amount Paid:
Check Number:

Glenn Ford Property
Dare
05-2158
200610388
ILF-2006-4178
$ 32,807.50
21

The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 40 1 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.

The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below,

River Basin Wetland Credits Stream Credits Buffer I Buffer II
CU (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0 0.24 0 0 0 0 0
03010205

Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded, If you have any questions or
need additional information, please contact David Robinson at [phone],

jt

William D~e, PE
Director

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cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggett, DCM-Morehead City
File

SEP 1 :} 2006

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PROGRAM

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Glenn Ford
608 Jefferson Avenue
Warminster, PA 18974

June 16, 2006

Project: Glenn Ford Property Access (Second Request)

County: Dare

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is wilIing 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
PermitJ401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/40l/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 may require compensatory mitigation 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 0.12 0 0 0 0 0
03010205

I Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or 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 Chris Mankoff at [phone].

cc:

Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Steffens, US ACE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File

Sincerely,

ID 8. ~I/
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Director I D rs ~ (C,;"'::i 1:- ,
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699.1652 / 919-715-0476/ www.nceep.net

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INVOICE

Glenn Ford
608 Jefferson Avenue
Warminster, PA 18974

July 20, 2006
DWQ#: 05-2158
COE#: 200610388

Project: Glenn Ford Property

County: Dare

You have elected to satisfy the compensatory mitigation requirements ofthe Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program, In accordance with 15A
NCAC 2H,0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call David Robinson at 919-715-2228,

Riparian Wetlands o acres x $ 26,246.00 $
Non-Riparian Wetlands o acres x $ 13,123.00 $
Saltwater Wetland 0.25 acres x $131,230.00 $ 32,807.50
Stream o linear feet x $ 219.00 $
Buffer - Zone 1 o square feet x $ .96 $
Buffer - Zone 2 o square feet x $ .96 $
Total amount of payment $ 32,807.50

Please mail a copy of this invoice with a check made payable to:

NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652

Please call 919-715-2228 for an overnight mailing address or for an appointment to hand deliver the payment.

Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded,

YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PROIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.

cc: cc: Cyndi Karoly, Wetlands/401 Unit
Tom Steffens, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggett, DCM-Morehead City
Brian Rubino, Quible & Associates-Kitty Hawk (Fax)
File

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JUL 2 5 2006
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WE7lANDSAND 'ATER QUALITY
STORMWATER BRANcH

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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/ www.nceep.net

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PROGRAM

January 19,2006

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JAN 2 ;j ZOOS

Brian Rubino
Quible & Associates, PC
P.O. Box 870
Kitty Hawk, NC 27949-49-0870

DENR. WAl t:.R QUAliTY
YtmANDSmo STORWJATER BAANCH

Project: Glenn Ford Property Access

County: Dare

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 wiII 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 404/401lCAMA 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 may require compensatory mitigation are summarized in the
following table.

River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone I Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0.12 0 0 0 0 0 0
03010205

Upon receipt of payment, EEP wiII take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2: I ratio, (buffers, Zone I at a 3: I ratio and Zone 2 at a 1.5: I ratio). The type and amount of the compensatory
, mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation wiII 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 [phone].

S~
.L}am D rulm~re: ~tJ~

Director

cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tom Steffens, US ACE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File

A7A
NCDENR

RMtorinj... E~... Protectinj Our Sta;te,

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

'-1

Michael F. Easley, Governor

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

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

December 22, 2005

DWQ Project # 05-2158
Dare County

Glenn Ford
608 J efferson Avenue
Wanninister, PA 18974

Subject Property:

Glenn Ford Property Access
North Drain [030155, 30-22-14-, SA, HQW]

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Ford:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.12 acres of wetland for the purpose of constructing the proposed access to
lots on the ocean side of the North Drain wetland area in the vicinity of the project, as described within
your application dated December 2,2005, and received by the N.C. Division of Water Quality (DWQ) on
December 6, 2005, with additional information received on December 19,2005. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Pennit(s) NW14 when
issued by the US Anny Corps of Engineers (US ACE). In addition, you should obtain or otherwise
comply with any other required federal, state or local pennits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also,
this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.

This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for thisproject (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

Conditions of Certification:

1. Impacts Approved

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

N~lThCarolina
/Vall/fIll/!!

401 OversighVExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet htto:/Ih2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

...

Mr. Glenn Ford
Page 2 00
December 22, 2006

404/CAMA Wetland

roved (Units

Sediment and Erosion Control:

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

a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.

3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/40 1 Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;

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

5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
\\,rithin these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;

6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
\\letland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 40 1/W etlands Unit
web site at http://b2o.enr.state.nc.usIncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;

7. Construction Stormwater Permit NCG010000

Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwaterpermit (NCG010000) administered by DWQ is ~utomatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing

Mr. Glenn Ford
Page 3 of3
December 22, 2006

construction activities as stipulated by conditions in the pennit. If your project is covered by this
pennit [applicable to construction projects that disturb one (1) or more acres], full compliance
with pennit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. . A copy of this pennit and monitoring report forms may
be found at httv:/lh2o.enr.state.nc.uslsu/Forms Documents.htm.;

8. Diffuse Flow (No Review)

All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.

9. Culvert Installation

Culverts required for this project shall be installed in such a manner that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, ifthe pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly. .

Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream ofthe culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert.

Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream ofthe
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.

The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.

Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.

Upon completion ofthe project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the 9401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please

~,

Mr. Glenn Ford
Page 4 of3
December 22, 2006

send photographs upstream and dOl'.-7ZStream of each culvert site to document correct installation
along with the Certificate of Completion form.

Certificate of Completion:

10. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

Also, this approvalto proceed with your proposed impacts or to conduct impacts to waters as
depicted in )'our application shall expire upol1 expiration of the 404 or CAMA Permit.

Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAi.\1A Permit.

If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.

Sincerely,

~ ~ \nf'.

Alan W. Klimek, P .E.

A WKJijm .

Enclosures:

GC 3404
Certificate of Completion

cc: Brian Rubino, Quible and Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files

Filename: 052 I 58GlennFordProperty Access(Dare)40 I

-~-

Michael F. Easley, Governor

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

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

December 9,2005

DWQ Project # 05-2158
Dare County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Glenn Ford
608 J efferson Avenue
Warminister, PA 18974

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Subject Property:

Glenn Ford Property Access
North Drain [030155, 30-22-14-, SA, HQW]

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REQUEST FOR MORE INFORMATION

Dear Mr. Ford:

On December 6,2005, the Division of Water Quality (DWQ) received your application dated
December 2,2005, to impact 0.12 acres of wetland to construct the proposed access to lots on the
ocean side of the North Drain wetland area in the vicinity of the project. The DWQ has
determined that your application was incomplete and/or prqvided inaccurate information as
discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.

Additional Information Requested:

1. Please provide the percent of project imperviousness area based on built-out conditions,
and describe the total area versus impervious area. If this is greater than 30% a
stormwater management plan will be required.

2. Please indicate all stormwater outfa1ls on the site plan.

3. Please indicate the diffuse flow provision measures on the site plan.

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

N2"~Carolina
;vall/roll!/

401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.uslncwetlands

An Equal Opportunityl Affirmative Action Employer - 50% Recycledll 0% Post Consumer Paper

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Glenn Ford
Page 2 of2
December 9,2005

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This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
Mci\lil1an at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.

Sincerely,

~<0

Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit

CBKJijm

cc: Kyle Barnes, D\VQ \Vashington Regional Office
USACE \Vashington Regulatory Field Office
File Copy
Central Files
Brian Rubino, Quib1e and Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949

Filename: 052158GlennFordProperty Access(Dare)On _Hold

............. "

Quible

Quible & Associates, P.C.

P.o. Drawer 870
Kitty Hawk. NC 27949'
Phone: 252-261,3300
Fax: [phone]

ENGINEERING' ENVIRONMENTAL SCIENCES' PLANNING' SURVEYING
SINCE 1959

December 15, 2005

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PRINCIPALS
Sean C. Boyle. P,E.
Joseph S. Lassiter. G.E.P,
Eduardo J. Valdivieso. P,E.

Ms. Cyndi Karoly
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

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ASSOCIATES
Joseph J. Anlouf. P.E.
Katherine C. Marchello. P.LS.

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Re:

Glenn Ford Property Access
DWQ Project # 05-2158

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This correspondence and attached revised site plan is in response to the "Request for More Information"
letter from you dated December 9,2005. We have reviewed your requests and have item by item
responses to the requests that include what is asked for.

) OWO Request 1. Please provide the percent of project impervious area based on build-out conditions,
V and describe the total area versus impervious area. If this is greater than 30 % a stormwater
management plan will be required.

Quible Response: In the application it is mentioned that Glenn Ford will have the opportunity to develop a
maximum of two lots for residential purposes. It additionally states that the property owner to the south of
the Ford lots may have the opportunity to utilize the roadway without having to create an additional access
there. Due to the annual maximum erosion rate and subsequent GAMA setbaks in this area of Rodanthe,
the applicants will have to utilize the GAMA Ocean Hazard Exception Rule as set forth in NGAG T15A:
07H .0309. This limits a house footprint to 1,200 square feet or ten percent of the lot size; whichever is
greater. In Ford's case, one-tenth of the lot size is greater, therefore, the inset conceptual model shown
on the site plan depicts a footprint on-tenth of the lot size along with an oversized parking area.

To give an extremely conservative figure, I will consider the project area at maximum build-out conditions
to include the easement area starting at the western wetlands line to the First Line of Stable Natural
Vegetation (FLSNV) and the uplands (non-wetland) area on the Ford (north) side and the adjacent (south)
side, also to the FLSNV. I will not include any wetlands area, other than that which will be bridged or filled,
to remain on the conservative side for this purpose. And, I will not include any oceanfront land east of the
FLSNV. The total maximum impervious area including development on four lots and road construction
would be 20,643 square feet. This divided by the potentially buildable land area of 90,255 square feet
equals 22.9 percent coverage.

DWQ Request 2. Please indicate all storm water outfalls on the site plan.

Quible Response: The only storm water outfalls are the two areas of double, 24 inch culverts to be placed
/} under the filled section of road. After meeting with USAGE on the property, it was suggested that in
addition to the bridge section, culverts would help surficial hydrologic conditions. The culverts are labeled
on the site plan and I have included an additional cross-section showing the culverts.

DWQ Request 3. Please indicate the diffuse flow provision measures on the site plan.

/ j Quible Response: Diffuse flow provision measures include 1) providing a 4-foot wide vegetative

-1-

~ ,.

filter strip on each side of the to-foot wide travel aisle of the crowned gravel-surfaced travel
aisle, and 2) rip-rap slope stabilization around the culverts. These diffuse flow measures serve
different purposes. The vegetative filter stip and crowned surface is a stormwater control and
treatment measure that directs any rainwater that does not infiltrate into the gravel surface to
the vegetative strip where it can infiltrate. The main purpose of the culverts are to allow surface
or near surface water to transmit through the wetlands. This area is not normally flooded, but
wind driven pushes of water up the north drain ditch can cause some flooding. It is not normal
for rainwater to have this effect here.

If you need any additional information to continue processing this permit application, please
give me a call at [phone] or email [e-mail].

Sincerely,
Quible & Associates, P. C.

~~
Brian Rubino

GG: Kyle Barnes, DWQ
Tom Steffens, USAGE

-2-

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SECllnN Ul4 ~D ........... SECllON 404 ~D
~~~~_. ~....
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---

DRIVE CROSS SECTION 1

1reST PROPOSED FINISH GRADE
L""=-",,,,,,,,;J..';,ld~O~ ~X'. SURF~CE

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EX. ii!TVlD lUY!o TIOH

PROPOSED AGGREGATE
DRIVE SURFACE

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2) 24. DIA I.lETAl PIPE

RIP-RAP FOR STAB1UZA'TlON
(BOlli SIDES OF CULVERT)
DRIVE CROSS-SECTION 2

TIELINE
L/2 !N7.5'SW""
AI I! 3138' N7.5'SW"
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PROPosm BRIDGE (165

RrnSED AS PER DK'Q ON 12-15-05

USACE NATIONWIDE #14 SITE PLAN
FORD PROPERTY ACCESS
SHEET 1- OVERALL SITE PLAN

~ REC.:
RODANTHE

SCAU: 1--100'

DARE CO.
FLE NO. 05078

Quible and Associates, P. C.
INCINlIRS, PLANNERS, IHfIROHJllHTAL SCIENCES
P.O. DRA1I1fR 870, KITl'Y mn;. N.C. 27949

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DAlE 12-01-05

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6; l!![] ,. gj, .Lir!i!.!i:!iiJ,.!" b."'r:iJ;U')ilirii:{~~.li::!ijiUQi.:;,ii;!,
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NOlE:
CONCD>lUAl. RESIDENTIAl. FooWRlNT DEPICTED
FUlURE PROPOSED RESlDOlTIAl. OEVaOPl.lENT Will. UTIUZE NCAC COASTAl.
IIANAGOIENT OCEAN HAZARD EXCD>TION RULE n SA: 07H .0:509;
lHlS IS A CONCD>lUAl. HOUSE FOOlPRlNT SHOVIN TO .lJSTIFY lHE NEED fOR
PROPOSED ACCESS FlU. CURRENll Y PPROPOSED; A II!NOR CAlIA PERlIIT WIll.
REOUESTED fOR RESlDOlTIAl. CONSlRUCllON AT A LA lER OAlL

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LEGEND

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SECTlON 404 Yl8lANDS

PROPOSED Vl8lANOS FlLL
(0.12 AC)

II n II )(

PROPOSED SILT FENCE

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Michael F. Easley, Governor

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

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-.... : . ",> ",. I"
Decem er 9 ,~(je5 jl:-:D

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

DWQ Project # 05-2158
Dare County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Glenn Ford
608 J efferson Avenue
Warminister, PA 18974

Glenn Ford Property Access
North Drain [030155, 30-22-14-, SA, HQW]

REQUEST FOR MORE INFORMATION

Subject Property:

Dear Mr. Ford:

On December 6, 2005, the Division of Water Quality (DWQ) received your application dated
December 2,2005, to impact 0.12 acres of wetland to construct the proposed access to lots on the
ocean side of the North Drain wetland area in the vicinity of the project. The DWQhas
determined that your application was incomplete and/or provided inaccurate information as
discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore,
unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.

Additional Information Requested:

1. Please provide' the percent of project imperviousness area based on built-out conditions,
and describe the total area versus impervious area. If this is greater than 30% a
storm water management plan will be required.

2. Please indicate all stormwater outfalls on the site plan.

3. Please indicate the diffuse flow provision measures on the site plan.

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

;w;one C I'
N aro ma
'Iltl/fllll!l

40 I Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lnternet: http://h2o.enr.state.nc.uslncwetlands

An Equal Opportunity/Affi~tive Action Employer- 50% Recycled/I 0% Post Consumer Paper

,.
Glenn Fora ,-' ~
Page 2 of2
December 9,2005

This letter only addresses the application review and does not authorize any impacts to wetlands,
\vaters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the D\VQ. Please call Ms. Cyndi Karoly or Mr. Ian
~ldy1illan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.

Sincerely,

CrJ <~

Cyndi Karoly, Supervisor
401 OversightJExpress Review Permitting Unit

CBKJijm

cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Brian Rubino, Quible and Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949

Filename: 052158GlennFordProperty Access(Dare)On _Hold

DWQ # 050"158 Glenn Ford Property Access
.. "

Subject: DWQ # 05-2158 Glenn Ford Property Access
From: Laurie Dennison <[e-mail]>
Date: Fri, 09 Dec 2005 13:43:55 -0500
To: Brian Rubino <[e-mail]>

Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.

Content-Type: applicationlmsword
052158GlennFordProperty Access(Dare )On _ Hold.doc
Content-Encoding: base64

of I

12/9/2005 1:44 PM

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P,O, Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax: 252,261,]260

PRINCIPALS
Sean C, Boyle. P,E,
Joseph S, Lassiter. C,E,P,
Eduardo J. Valdlvieso, P,E.

Quible

Quible & Associates, P. C.

ENGINEERING. ENVIRONMENTAL SCIENCES. PLANNING. SURVEYING
SINCE 1959

I

20052158

December 2, 2005

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ASSOCIATES
Joseph J. Anlauf. P.E,
Katherine C, Marchello. P.LS,

Mr. John Dorney
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

40'1 iSSUED

Re:

Glenn Ford Property Access
Nationwide #14/401 Water Quality Cert. Permit Application Package

Dear Mr. Dorney:

I.>'

~,

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The purpose of this correspondence is for Quible & Associates, P.C. to provide USACE and NCDENR,
Division of Water Quality a Nationwide #14/401 Water Quality Cert. Permit application submitted by our
firm on behalf of Glenn Ford. The site plans accurately show the confirmed wetlands line as well as the
proposed wetlands fill location.

As displayed on the site plan enclosed and described in the PCN application, we are proposing a
combination bridge/roadway fill in the location of a perpetual 20 foot wide easement for lot access. Road
construction has already been permitted by CAMA Major 179-04 under Gerald Gaines, the former
property owner. Gaines had also obtained a 401 Water Quality Certification (#04-1332) for the fill of 0.215
acres of wetlands in the easement for the same purpose. To meet Federal Permitting requirements, this
work is now proposed as a bridge and roadway fill combination instead of fill across the entire drain.

The bridge will be slotted wood, built a minimum of three feet above the wetland ground elevation and will
extend over 160 linear feet of wetlands, including the ditch. The fill area will include two locations of
double 24 inch diameter pipes to further maintain the surficial hydrologic connection. The proposed fill
area totals 0.12 acres of jurisdictional wetlands. This access roadway will provide access to a minimum of
two buildable lots and will likely provide access to additional lots to the south of the Ford properties.

Enclosed are seven copies of the following:

· 11" X 17" Site Plan indicating wetlands and proposed work
· Signed copies of the Pre-Construction Application
· Agent Authorization Letter
· USGS topographic location map
,. Photocopies of the $200 processing fee check to NCDENR
· Existing 401 Water Quality Cert. for roadway fill

Thank you for your attention to this information. If you have questions regarding this matter please
contact me at 252-261-3300.

Sincerely,
Quible & Associates, P.C.

.~ C2<-.-

Brian Rubino

cc:

Thomas Steffens, USACE
Glenn Ford

~[g@rgO\Yl[g ~

DEe 6 Z005

D~NH ' WA ll:k QUALIty
WETt.ANQS ANO STORMWATER BRANC/1

Quible & Associates, P.C.

P,O, Drawer 870
Kitty Hawk NC 27949
Phone: 252-261,3300
Fax: 252,261-1260

Quible

ENGINEERING' ENVIRONMENTAL SCIENCES' PLANNING' SURVEYING
SINCE 1959

December 2, 2005

PRINCIPALS
Sean C, Boyle. P,E.
Joseph S, Lassiter. C,E.P.
Eduardo J. Valdivieso. P.E.

Mr. Thomas Steffens
P.O. Box 1000
Washington, NC 27889

ASSOCIATES
Joseph J. Anlauf. P.E.
Katherine C. Marchello. P.L.S.

Re: Glenn Ford Property Access
Nationwide #14/401 Water Quality Cert. Permit Application Package

Dear Mr. Steffens:

The purpose of this correspondence is for Quible & Associates, P.C. to provide USACE and NCDENR,
Division of Water Quality a Nationwide #14/401 Water Quality Cert. Permit application submitted by our
firm on behalf of Glenn Ford. The site plans accurately show the confirmed wetlands line as well as the
proposed wetlands fill location. During our November 10, 2005 on-site meeting we discussed this project
and scenarios for accomplishment. As displayed on the site plan enclosed and described in the PCN
application, we are proposing a combination bridge/roadway fill in the location of a perpetual 20 foot wide
easement for lot access. Road construction has already been permitted by CAMA Major 179-04 under
Gerald Gaines, the former property owner.

The bridge will be slotted wood, built a minimum of three feet above the wetland ground elevation and will
extend over 160 linear feet of wetlands, including the ditch. The fill area will include two locations of
double 24 inch diameter pipes to further maintain the surficial hydrologic connection. The proposed fill
area totals 0.12 acres of jurisdictional wetlands. This access roadway will provide access to a minimum of
two buildable lots and will likely provide access to additional lots to the south of the Ford properties.

Seven copies of this package have been submitted to NCDWQ Water Quality Certification Program.

Enclosed are the following:

· 11" x 17" Site Plan indicating wetlands and proposed work
· Signed copies of the Pre-Construction Application
· USGS topographic location map
· Photocopies of the $200 processing fee check to NCDENR

Thank you for your attention to this information. If you have questions regarding this matter please
contact me at 252-261-3300.

Sincerely,
Quible S; Associates, P.C.
{3:>~ ~

Brian Rubino

cc: John Dorney, DWQ
Glenn Ford

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-.-.-

DRIVE CROSS SECTION

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AI ! ,5138' N75055t1?W
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PROPOSED ERlDGE; (165

USACE NAllONWIDE 1/14 SITE PLAN
FORD PROPERTY ACCESS
SHEET 1- OVERALL SITE PLAN

AS REC.:
RODANTHE

SCAlE 1--=100'

DARE CO.
F1..E NO. 05078

NORTH CAROUNA
DAn: 12-01-05

Quible and Associates, P. C.
ENCINEERS, PLANlrERS, ENYIRONlIEllTAL SCIENCES
P.O. DnA1lBR 870. EITTY o.un:. I{.C. 27949

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tlOTE:
CCWX?IUAl. ~~S:DEtlnAL FOOTP,,:NT C<?ICITD
rulURE FROPOSW RESiDEllllAL CEV',:LOPI.lENT \\~ll unuZE "CAC COASTAL
t.lANA=~1T OCEAN HAZARa EXCEPTOON RULE T15,l,; D7H .0309;
lHlS IS A CONCEPIUAL HOUSE FOOTPRINT SliOV.N TO .JJST.FY lH~ ,,= FeR
PROPOSED ACCESS Fill CURiIDHt Y PPROPOSW; A L1:NOR CAlJA PERJ.lIT \lill
I\EQUESlID FOIl RES:OENllAL CONSiRUC1101l AT A LATER OA ~

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PROPOSEo ROPOSED - - - - - - - 150.00',
(2) 24" OI'~~TS SECTION 404 \\ETlAN - - - - -1- _ q'J'
--'-rut 0 FILL (0.12 ACRES) - - 1- _ _ _
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400

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LEGEND

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SEC~ON 404 ~~TLANDS

PROPOSED ~ETLANOS ALL
(0.12 AC)

PROPOSED SILT FENCE

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Office Use Only:

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USACE Action ID No.

DWQ No.

Form Version October 2001
20052158

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

I. Processing

1. Check all of the approval(s) requested for this project:
[8] Section 404 Permit
o Section 10 Permit
[8] 401 Water Quality Certification
o Riparian or Watershed Buffer Rules

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14

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

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: 0

II.

Applicant Information

1. Owner/Applicant Information
Name: Glenn Ford
Mailing Address: 608 Jefferson Avenue
Warminster, PA 18974

~[g@[gOW[gID

DEe 6 Z005

DENR - WATER QUALITY
WETLANDS AND STORMWATER tmANCH

Telephone Number: 215-953-1273
E-mail Address:

Fax Number:

2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:

Ouible & Associates, P.C.
P.O. Drawer 870
Kittv Hawk, NC 27949

Telephone Number: 252-261-3300
E-mail Address:[e-mail]

Fax Number: 252-261-1260

Page 5 of 13

"

~

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: Glenn Ford Property Access

2. T.J.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): Dare County Tax Pin # 065805183952

4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): US 64/264 to Nags Head: Travel
South on NC 12, over Oregon Inlet to Hatteras Island: In Rodanthe, take the first left after
Sea Haven Drive onto Midgett Mobil Court

5. Site coordinates, if available (UTM or Lat/Long):35035'29"N, 75027'54"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Describe the existing land use or condition of the site at the time of this application:
There is a perpetual easement (20 ft wide) along Midgett Mobil Court from Pamlico Sound
to the oceanfront. Glenn Ford owns developable lots on the oceanfront. There is an area of
iurisdictional wetlands to cross that is the subiect of this application. There is currently no
coverage on the Ford Property.

7. Property size (acres): The perpetual easement (subiect property) on the east side of NC 12 is
0.9 acres. This is a 20 ft wide strip along Midgett Mobil Court that is intended to provide lot
access for ocean side lots.

8. Nearest body of water (streamlriver/sound/ocean/lake):
Ditch within the North Drain

Page 6 of 13

9. River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/admin/maps/.)

10. Describe the purpose of the proposed work: To provide access to lots on the ocean side of
the North Drain wetland area in the vicinity of the proiect. The applicant, Glenn Ford, is
involved with two developable lots and there are additional lots on the south side of the
easement that are potentially developable.

11. List the type of equipment to be used to construct the project:
Backhoe, dump truck and compaction equipment

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

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
For Ford: USACE Nationwide #18 Action ill 200210859 (7/18/02)- this expired during a legal
discrepancy between Ford and the previous owner before Ford was able to accomtJlish work (the
legal dilemma has since been resolved), NCDWQ 401 Water Quality Cert. DWQ# 02-1041
(9/6/02)
For Gaines (previous owner): USACB Jurisdictional Determination Action ill 200411317
(3/29/04), NCDWQ 401 Water Quality Cert. DWQ# 04-1332 (9/22/04), NCDCM CAMA Major
Permit #179-04 (12/15/04)- this is currently being transferred to Ford

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:
The applicant proposes to apply for two separate CAMA Minor Permits for residential
development within the Ocean Hazard ABC. There are no future protJosed wetland fill permits.

VI. Proposed Impacts to Waters of the United StateslWaters of the State

Page 7 of 13

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

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
Roadway fiU area Fill with culvert, 0.12 ac 124lf to North Section 404, grassy,
Grading yes Drain ditch herbaceous wetland
\

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
**, 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
! (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.\!ov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwaterlsaltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)

List the total acreage (estimated) of existing wetlands on the property: Total Wetland within
the subject easement: 0.22 ac. (9,389 sq.ft.)
Total area of wetland impact proposed: 0.12 ac.

2. Stream Impacts, including all intermittent and perennial streams: N/A

Stream Impact Length of Average Width Perennial or
Site Number Type ofImpact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)
:
,

* List each impact separately and identify temporary Impacts. Impacts mclude, but are not lImited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),

Page 8 of 13

stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
wWW.usgS.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.toDozone.com,
www.maDQuest.com. etc.).

Cumulative impacts (linear distance in feet) to all streams on site:

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

Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on map) (acres) (if applicable) bay, ocean, etc.)
I
I
.

*

LIst each Impact separately and IdentIfy temporary Impacts. Impacts mclude, but are not lImIted to: fill, excavation, dredgmg,
flooding, drainage. bulkheads, etc.

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

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

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.
This is a required access route for access to the ocean side buildable lots in the proiect vicinity.
There is no alternative access route available. Attempts have been made to purchase an
easement from Sea Haven Drive to the North through a privately owned property to the subiect
parcels. The property owner was not willing to consider this due to the presence of a house and

Page 9 of 13

septic system in the required easement locations. Attempts have also been made to cross two
sets of properties to the south from another access road to reach the subiect properties. This was
also denied. As an attempt to minimize impacts Glenn Ford proposes to construct a pile-
supported bridge over the main drainage area (the North Drain Ditch itself and adjoining
wetlands), The length of the bridge over wetlands would be 160 ft. In addition, there are
culverts proposed for two locations along the proposed fill area. There would be two side-by-
side 24 inch diameter pipes in each location.

VIII. Mitigation

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

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

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.em.state.nc. us/ncwetlands/strmgide.html.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Impacts to wetlands are proposed to be offset bv providing a payment to EEP.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants

Page 10 of 13

will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): 0.12 acres impact = 0.25 acres
payment

IX. Environmental Documentation (DWQ Only)
"

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

Yes 0

No ~

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPNSEPA)?
Note: If you are not sure whether a NEP NSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No 0

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes 0 No 0

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

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

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No ~ If you answered "yes", provide the following information:

Page II of 13

Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.

Zone* Impact Multiplier Required
(square feet) Mitigation
I 3
2 1.5
Total

*

Zone I extends out 30 feet perpendIcular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

XI. Stormwater (DWQ Only)

Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage within the access easement is 0.9 acres. Currently, there is approximately 0.4
acres of the easement area with gravel cover from the NC 12 right-of-way to an area close to the
wetland delineation line on the west side of the drain. The gravel covered surface after extension
of the access roadway to the ocean side buildable lots would bring the gravel coverage up from
0.4 acres to 0.5 acres. The slotted bridge is not considered to be impervious coverage.

XII. Sewage Disposal (DWQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On the buildable lots, there will be individual septic treatment systems installed.

XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No IX!

Is this an after-the-fact permit application?
Yes D No IX!

XIVJ Other Circumstances (Optional): N/A

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

Page 12 of 13

NOV-21-2005 11:03P FROM:

TO: 12522611260

P:2/14

November 21, 2005

To Whom It May Concern:

I authorize Qwo1e and Associates P.C. to act as agent on my behalf for the pmpose of
environmental permitting including Cama, U.S. Army Corps ofEnginccrs and 401 Water-
Quality Certification Permits.

Sincerely.

6te;r/1f A. ~R.b

November 21, 2005

Received 11-22-2005 12:06am

From-

To-QUIBLE&ASSOCIATES

Paie OOZ

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Personal Account Information Redacted

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Michael F. Easley, Governor

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

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

September 22, 2004

DWQ Project # 04-1332
Dare County

Mr. Gerald M. Gaines
3739 Morningside Drive
Fairfax, VA, 22031

Subject Property:

Midgett Mobile Park Road, Rodanthe
Backfill of easement for access to a buildable lot

Approval of 401 Water Quality Certification (GC3351) with Additional Conditions

Dear Mr. Gaines:

You have our approval, in accordance with the attached conditionS, to place fill in 0.215 acres of
wetlands to construct an access to a vacant buildable lot as described in your application received by the
Division of Water Quality (DWQ) Wetlands/401 Unit on August 13,2004. After reviewing your
application, we have determined that the Division of W ater Q~ty (DWQ) General Water Quality
Certification Number 3351 covers these water impacts. This Certification allows you to General Permit
No. 198000291 when issued by the US Army Corps of Engineecl, (USACE). In addition, you should get
or otherwise comply with any other federal, state and local requirements before you go ahead with your
project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.

This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved

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

Punount1\pproved Plan Location or Reference
(Units)
Stream N/ A (feet)
404/CAMA Wetlands 0.215 (acres) DCM Field Investigation Report
Waters N/A (acres)

~..

N1>Iilicarolina
/Voft/mlll!

. 401 Wetlands Certification Unit
1650 Mail Servica Center, Raleigh, North Carolina 27699.1650.
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet: htto://h2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Mr. Gerald M. Gaines
Page 2 of2
September 22, 2004

I Buffers

I N/A (square ft.)

2. Certificate of Completion

Upon completion of all work approved within the 40 1 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of corr'l'letion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
16501'Iail Servi;e Center, Raleigh, NC, 27699-1650.

3. Water Quality Certification

The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3351.

Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.

If you do not accept any of the conditions of this Certification '(associated with the approved water
impacts), you rruy ask for an adjudicatory hearing. You must a:~t within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, {yhich conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing. .

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

AVVNCbk

Sincerely,

~'/~

r Alan W. Klimek, P.E.

Enclosures:

GC 3351
Certification of Completion

cc:

Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Brian Rubino, P.O. Drawer 870, Kitty Hawk, NC, 27949

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Filename: ._041332Gaines(Dare)401

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Plan Detail Incomplete

Please provide a location map for the project.

Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.

Please show all wetland impacts including fill slopes on the site plan.

Please indicate all buffer impacts on the site plan.

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Please indicate proposed lot layout as overlays on the site plan.

Please indicate the location of the protected buffers as overlays on the site plan.

Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overla):'s on the site plan.
Please provide cross section details showing the provisions for aquatic life passage.

Please locate any planned sewer lines on the site plan.
Please provide the location of any proposed stormwater management practices as required by GC .'140 ~.

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

Please specify th~ percent of project imperviousness area bas~d on .the estimated buill-out conditions. j o\e.sc-ri k --IDio...l
o..reJ:'?-.v,':::>, \fY\~~\V\OL\S 0J't0L~ T~ -\-\'\1'::. l~ ~rw..tt, ~h 300/0> C\..s-l~rmUll-\Lr
Please mdicate all stormwater outfaIls on the SIte plan. YYbJ.'la.cr.Yntn ~ ~\a. VI will b{,_ requ irecl. .

Please indicate the diffuse flow provision measures on the site plan.

o

Please indicate whether or not the proposed impacts already been conducted.

Avoidance and/or Minimization Not Provided

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

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

can be moved or reconfigured to avoid the impacts to the

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

can be moved or reconfigured to minimize the impacts to the

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

Other

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

o Please complete Section(s) on the application.
o Please provide a signed copy of the application.

. .
o . Please provide _ copies of the application, ~ copies of the site plans and other supporting info~on.

Mitigation

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

o Please indicate which 404 Permit the USACE would use to authorize this project.

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