20040168 Ver 1_COMPLETE FILE_20040206

SINCE' 1959
Quible & Associates, P.C.
ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING
TRANSMITTAL
Project:
Sunset Bay, LLC
To:

Date s
Project Nos
3/30/04
Bob Zarecki 01077
We transmit: ? herewith ? per your request ? under separate cover
Via: i6overnight ? hand delivery ? US Mail
For your: ? use >!rreview & comment ? information
zkSpproval ? records ? distribution
The following: ? drawings ? correspondence ? shop drawings/samples
? specifications ? data ? contractual data
# Date Description
Bob:
Enclosed is the amended wetlands fill application package for Sunset Bay, LLC that I faxed to you. Please call me
at [phone] if you have any questions regarding this matter.
Sincerely,
Quible & Associates, P.C.
C2-.Q-,--
Brian Rubino
8 Juniper Trail - P.O.Drawer870,Kitty Hawk, NC27949 [phone] FAX [phone] E-Mail
[e-mail]
Quible
Quible & Associates
P
C
,
.
. P.O. Drawer 870

ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Kitty Hawk, NC 27949
Phone: [phone]
SINCE 1959 Fax: [phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
LETTER OF TRANSMITTAL Eduardo J. VOIdIvIeso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
March 29
2004 Katherine C. Morchello, P.L.S.
i
, David S. Neff
To: Tom Steffans, NCDENR, Div. of Water Quality
From: Brian Rubino, Quible & Associates, P.C. i
The enclosed information is an amended narrative and application for the Sunset Bay, LLC project
(DWQ# 04-0168). The inference that the rotary distributors may have influenced wetland creation has
been omitted from the DWQ fill permit request. There was no evidence that this was the case and this
should not have been conveyed in the application package.
Enclosed is the following:
• Amended narrative (March 12, 2004 letter to John Dorney)
• Amended Application signed March 12, 2004 (page 6 revised)
I am overnighting a hardcopy of this information. Please contact me if any additional information is
necessary. Thank you for your attention to this matter.
Quible
Quible & Associates, PC.
ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING
SINCE 1959
March 12, 2004
John R. Dorney
NC Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Sunset Bay, LLC Property
DWQ # 04-0168
Mr. Dorney:
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax: [phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Morchello, P.L.S.
David S. Neff
We have received and reviewed the faxed copy of your March 10, 2004 letter about the Sunset Bay, LLC
Property and the 401 Water Quality Certification requests submitted. And, I had a telephone
conversation today with Cyndi Karoly and Mike Horan from your office to discuss this subject. There
have been two separately submitted 401 Water Quality Certification requests. The first was originally
submitted on February 2, 2004 for the fill of 0.70 acres of isolated wetlands. The actual proposed
isolated wetlands fill area is 30,140 sq. ft. (under 0.70 acres) as listed on the site plan. These proposed
wetlands fill areas ares on the east side of the subject property as shown on the site plan. The US Army
Corps of Engineers (USACE) has recognized these areas as "isolated wetlands" and does not have
jurisdiction over these areas, therefore, USACE does not require fill permitting. This is the reason that
this proposed wetlands fill package was submitted separately from the combination Nationwide
39/Nationwide 18 application submitted on March 8, 2004. The isolated wetlands fill request was only
sent to USACE as a courtesy copy. During the telephone conversation today, Ms. Karoly indicated that
DWQ looks at all wetlands the same and does not separate Section 404 wetlands and isolated wetlands
for the purpose of fill permitting. She asked me to submit a site plan and 401 Water Quality Certification
Pre-Construction Application for all proposed fill on the property.
The Nationwide 39/Nationwide 18 permit request is for 0.3 acres of Section 404 adjacent wetlands fill.
The actual proposed Section 404 fill area is 12,875 sq. ft. (under 0.30 acres) as listed on the Nationwide
site plan. Since these wetlands are jurisdictional 404 wetlands, Nationwide permitting is required in
order to fill. Offered as mitigation for this proposed fill is a conservation easem6nt for'3.0 acres (10:1
preservation to fill ratio) of Section 404 wetlands as shown. Total proposed isolated and 404 wetlands
fill is 43,015 sq. ft. (0.99 acres).
As I previously stated in a February 23, 2004 letter to Mike Horan, the site plan was designed to preserve
the broad riparian coastal marsh and Section 404 wetland expanse on the west side of the property,
adjacent to waters of Colington Creek. It was also a requirement that the assisted living facility be placed
outside of the flight path of the nearby Wright Brothers Memorial air strip, and the facility must be out of
the 500 year flood zone. This is a requirement the US Dept. of Housing and Urban Development (HUD)
financing that is being utilized for this project. The assisted living facility that will be utilizing this HUD
loan is located to the east of the flight path as shown on the site plan. I have included a July 2, 2003
letter from HHHUNT that references these HUD requirements. There is an area on the property adjacent
to the northeast corner of the VA Power outparcel that does not propose any development. This is due to
the fact that this is an inland dune escarpment area that will be preserved. I have enclosed a 1"=100' as-
built topographic site plan that shows the escarpment. This is scrub-shrub and a live oak and pine
wooded area that would require excessive grading and clearing to create a buildable area. It is the aim of
this project to preserve the natural setting whenever possible. As previously discussed, the proposed
wetlands fill is necessary to accomplish the goals of this project.
Please review this information at your earliest convenience. You can reach me at [phone] to
discuss anything pertaining to this matter.
Enclosed is the following:
• (7) 11" x 17" site plan
• (7) revised Pre-Construction Application
• (7) July 2, 2003 letter from 111114UNT
• (1) Full size (1"=100') site plan
• (1) Full size As-built and topographic site plan
Sincerely,
Quible & Associates, P.C.
k>' l
Brian Rubino
Environmental Scientist
CC: Eddie Goodrich
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version October 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
Nationwide 39 and Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Eddie Goodrich °
Mailing Address: P.O. Box 3629
Kill Devil Hills NC 27948
"MCI,,
Telephone Number: Fax Number:
E-mail Address:
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: Ouible & Associates, P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk NC 27949
Telephone Number: 252-261-3300 Fax Number: 252-261-1260
E-mail Address: auibl(dr earthlink.net
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: Sunset Bay, LLC
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 988310279410
4. Location
County: Dare Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):From NC 158, turn down
Colinaton Road: travel 0.5 miles and take a left onto a gravel road. pass the recycling center.
and follow the road to wastewater treatment facilitv that is on the north end of the property. ,
5. Site coordinates, if available (UTM or Lat/Long):-35°00'27" N lat., -75°40'23" W Ion
(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:
Site consists mostly of sparsely vegetated dunes and wooded flats; there is a broad coastal
marsh and section 404 wetland expanse along the shoreline side of the property. The
proposed conservation easement area (see site plan) is dominated by Section 404 wetlands
Closer to Colington Creek, this wetland area is dominated by coastal, marsh There are also
some isolated wetland areas and jurisdictional Section 404 wetlands on the interior of the
property shown on the site plan. The isolated wetlands as called b the USACE have
been proposed to be filled 30,140 sa.ft. A 401 Water Quality Certification application was
originally submitted to DWQ on February 2 2004 There are also 11,856 sq ft of Section
404 wetlands that are proposed to be filled in an area above the 100 year flood plain with a
Nationwide 39 Permit. And an additional 11,019 sq ft of Section 404 wetlands (within the
100 year flood plain) are proposed to be filled with a Nationwide 18 Permit
Page 6 of 13
Nationwide 39 Permit. And, an additional 11,0 19 sg fl. of Section 404 wetlands (within the
100 year flood plain) are proposed to be filled with a Nationwide 18 Permit
7. Property size (acres): 79.6 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Colinaton Creek and Buzzard Bay
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://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: To construct an assisted living facility and
associated private town homes on the property as shown on the site plan The planned
development plans utilize the upland portions of the property and preserve the riparian
wetlands on the west side of the property. The proposed wetlands fill is necessary for the
scope of work shown. Stormwater Management Plans for the project will be submitted to
DWO stormwater outfalls are identified on the site plan).
11. List the type of equipment to be used to construct the project:
The wetlands fill portion of the project requires a back hoe dump truck and compaction
equipment such as a roller.
12. Describe the land use in the vicinity of this project: There are residential developments
Dare County Schools property and State and Federal lands
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::
N/A
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:
Necessary permits would include Soil Erosion and Sedimentation Control Stormwater
Management, Septic System Permit Building Permits
Page 7 of 13
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. 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- see detail on site plan
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Area Al- Nat 39 Fill, grading 0.272 no 1,775 Linear Section 404, grass
Area A2- Nat 18 Fill, grading 0.023 yes 200 Section 404,. wooded
Area A3- isolated Fill, grading 0.47 no 2,600. isolated.
Area A4- isolated Fill, grading ... 0.21 no 2,600 isolated ..
Area A5- isolated Fill, grading 0.01 no 2,850 isolated
* List each impact se parately and identify temporary im pacts. 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.gov.
*** List'a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 24.5 ac
Total area of wetland impact proposed: 43.015 sq.. ft. (0.99 acres)
2. Stream Impacts, including all intermittent and perennial streams N/A
Stream Impact
Site-Number
indicate on ma
Type of Impact* Length of
Impact'
lin' dr feet
Stream Name" Average Width
bf Stream
Before Im act Perennial or
Iintermittent?
leases ecif "

Page 8 of 13
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
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.topozone.com,
www.mapqucst.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
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include; but are not limited to: fill, excavation, dredging, .
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and.illustrated on any maps included with this application:
Pond to be created in (check all that apply): ?, uplands ? stream r,-] wetlands .
Describe the method of construction (e.g., dam/embankment, excavations 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.
The proposed fill areas include proposed building footprint and driveway locations Planning
efforts have been made to avoid disturbance to all wetlands along the shoreline but the scope of
work would require some fill of the Section 404 areas shown It is the intention of this project to
Page 9 of 13
preserve the riparian shoreline and preserve 3 acres of Section 404 wetland with a conservation
easement as shown on the site plan. The main assisted living facility phase of the project located
in the area in the vicinity of the isolated wetlands is utilizing a HUD financing program A
necessary requirement of this loan is to stay outside of the Wright Brothers Memorial flight path
as depicted on the site plan, and, this phase of work must be located above the 500 year flight
plan.
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 US.ACE or. DWQ to consider the. application complete for, processing: , .Any, application
lacking a ? required mitigation plan or ' NCWRP concurrence shall' bo 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
httv://h2o.enr.state.nc.us/ncwetlands/strrnp-ide.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.)i .and a
description of the current site conditions and proposed method of construction.'' Please attach
a separate sheet if more space is needed.
The mitigation plan involves in-kind and on-site preservation of Section 404 wetlands (3
acres) as shown on the site plan. This is a 10.1 preservation to disturbance ratio for the
proposed Section 404 wetlands fill (Al and A2) The area shown as the Proposed
conservation easement is dominated by Section 404 wetlands Further to the west is a
wetland area dominated by coastal marsh (regularly tidally flooded) The Section 404
wetlands provide a filter for runoff and a plant and animal habitat
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 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/mrM/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):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes. ? 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 (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ?. No: ? ,..... w
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 (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 oii 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify ??
Yes ? No ? If you answered "yes", provide the following information:
Page 11 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
(square feet Multiplier Required
Miti ation
1 3
2 1.5
Total
L UIXV I OALGIlub vul..iv -- pcipc,iuicuiar avm near oanK or cnannet; Lone :z extenas an
additional 20 feet from the edge of Zone 1.
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 existing impervious coverage on the subject property is approximately 33,700 sa ft This
includes an existing wastewater treatment facility in the northeast portion of the property. The
total maximum impervious coverage at build-out is 966,215 sq ft (27.8 %) A State Stormwater
Management Plan will be submitted to DWQ by a licensed engineer. Stormwater Control
methods will include drainage ditches. and culverts that lead to stormwater ponds, as shown on.
the enclosed site elan.
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.
XIII... V,iglations (DWQ. Only
Is this site in violation of DWQ Wetland Mules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
Page 12 of 13
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
(Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
mailbox:///C /Documents%20and%20Settings/bob_zarzecki/Application%20Data/Mozilla/Pr...
responses below
Tom Steffens wrote:
cyndi,
04-0168 Sunset Bay LLc - Issue nc
more to follow.
thanks...
Bob,
questions- How do we look at creating wetlands or flood plain by digging out high ground in a buffered stream?
it depends...it could be stream and/or buffer mitigation, stormwater management, protection of existin, structure or prohibited...
I know the corps get into it, is a major variance necesary?
possibly if it can't fall under one of the exempt, allowable or allowable w/ mitigation uses...
The project is being proposed for increasing carrying/holding capacity in the ower end of jacks creek above the recently installed
floodgates.
could be stream enhancement, stormwater management, protection of existing structure, or maintenance of existing structure ...most likely we
could find a way to approve it without a variance...
did SM&E deliver a formal appeal request for warren airport yet?
I haven't seen one...although Eric left me a voice mail that he planned to fax one to John late last week...
If so,is it possible to get that appeal done by 19Apr due toa city of washington planning committee meeting that may be avble to include
warren airport buffer mitigation if necessary.
I could possibly fit it in, but I think that John should make this call for reasons that I've stated previously...
call if you have questions.... yes
toms
2 of 3 4/6/2004 11:06 AM
mailbox:///C l/Documents %20and%20Settings/bob_zarzecki/Applic ation%20DatalMozi lia/Pr...
Subject: Re: 401 comments issues
From: Bob Zarzecki <[e-mail]>
Date: Tue, 06 Apr 2004 10:58:14 -0400
To: Tom Steffens <[e-mail]>, John Dorney <[e-mail]>
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EWE 00000I01
PA. BOX 3620
KILL DEVIL HILLS, NC 27946
2. TOTAL PROPERTY AREA: -79.6 ACRES
TOTAL WETLANDS PROPERTY 24.5 ACRES
a ISOLATED NETALIDS FILL APPLIED FOR:
BACITI L OF 0.70 ACRES (30.140 SF) OF ISOLATED 1EILANDS
AS DETERMINED BY US ARMY CORPS OF ENGINEERS (USACE)
401 WATER QUALITY CERTIFICATION APPLIED FO ON 2/02/04 AND REVISED 2/23/04
4. PROPOSED WORK ASSOCIATED WITH NATIONWIDE 38 AND NATIONWIDE 18 APPLICATM
A. NATKINWIDE 39: BACKFILL OF 11,856 SF OF SECTION 404 WETLANDS
IN AN AREA ABOVE THE 100 YR FLOOD ELEVATION
B. NATIONWIDE 16: BACKFILL OF 1.019 SF OF SEC11ON 404 WETLANDS
IN AN AREA BELOW THE 10018 FLOOD EIEVATICH
C. TOTAL PROPOSED WETLANDS Flu ASSOCIAIED WI1H 404 FLL: 12,675 SF (0.30 ACRES)
THE PROPOSED FILL IS NECESSARY FOR COMPLETION OF AN ASSISTED LIVING
FACILITY AND ASSOCIATED TOWRIOMES AS SHOWN ON THE SITE PLAN Aa RR?
5 TOTAL PROPOSED WIr1LANDS FILL (ISOLATED AND 400 43.015 SF (0.99 AC) KILL
5. PROPOSED MITIGATIVE MEASURES
PRESERVATION OF 3 ACRES (10:1) OF SECTION 404 WEIUNIDS ON THE SUB&CT PROPERTY. SCALE I
PRESERVATION AREA WOUND 86EE RECORDED IN A CONSERVATION EASE?ENIT.
7' PR WETLANlDS DEVILI OPMIEtIf APL%9HS PROVED MOVED BBY Y BILEDPROFES GROUP
8. PROPOSED SITE PLAN PROVIDED BY BISSEI I PROFES90KAL GROUP
TOTAL MAMIUM PROPOSED IMPERVIOUS COVERAGE: 966,215 SQ. FT. (27.8X)
9. WETLANDS DELINEATKIH PERFORMED BY CHIME & ASSOCIATES. P.C

( DF TSSP )
I inch - 900 R
PROPOSED WETLANDS f1LL SIZE PLAN
SUNSET BAY, LLC
HILLS DARE Co. NORTH CAROUM
ms NO, P01077 wx .3/12/104
Quible and Associates, P.C.
mss, MAJI M 1111J1I19XMMSAL SCMFM
P.& mulrm 896, DlTr Jurz JV C. "#a
GRAPHIC SCALE
Quible
Quible & Associates, P,C,
ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING
SINCE 1959
March 8, 2004
John Dorney
NCDENR, DWQ
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

MAP ? r l0()4
I
RE: 401 Water Quality Certification Request for Section 404 Wetlands
Sunset Bay, LLC Property, Kill Devil Hills, Dare County. NC
Mr. Dorney:
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone; 252-261-3300
Fax: [phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
David S. Neff
Enclosed are seven copies of the application required for water quality certification. A copy of this
application package has been sent to USACE. I have discussed this proposal with William Wescott of
USACE from the Washington Regulatory Field Office. We have discussed the proposed wetlands fill and
the proposed compensatory mitigation that involves an in-kind and on-site conservation easement ten times
the proposed fill area. The total wetlands fill associated with this application is 0.3 acres and is applied for
as a combined Nationwide 39 and Nationwide 18. The Nationwide 39 includes the area adjacent to the
power plant (11,856 sq. ft.) that is above the 100 year flood zone. This area is labeled A-1 on the
accompanying site plan. The Nationwide 18 is for the proposed fill of A-2 which is
1,019 sq. ft. located on the west side of the developable portion of the property.
Application package information includes:
• 11" x 17" site plan
• vicinity map
• Pre-Construction Notification (PCN) Application Form
• Flood Insurance Rate Map (F.I.R.M.)
• $200 Processing fee check
Please call if you have any questions during the review of this information.
Sincerely,
Quible & Associates, P.C.
&' rc_e s
Brian Rubino
CC: William Wescott, USACE
Eddie Goodrich
J
Permit: USACE Permit Nos. 200411323 and 200411324
FINAL ADMINISTRATIVE PENALTY ORDER
ender the authority granted by 33 U.S.C. § 1319(g) and 33 CFR Part 326.6, I,
Colonel John E. Pulliam, Jr., District Engineer, Wilmington District, issue this order assessing a Class 1
Administrative Penalty for violation of the above-referenced permit.
Name/Address of Permittee:
Sunset Bay, LLC
C/O Mr. Eddie Goodrich
Post Office Box 3629
Kill Devil Hills, North Carolina 27948
Permitted Activity:
The discharge of earthen fill material within Department of the Army (DA) jurisdictional wetlands to
facilitate the development of a residential/condominium complex on property at the Bermuda Bay
Development, located off the south side of Ocean Bay Boulevard, adjacent to Colington Creek, in Kill
Devil Hills, Dare County, North Carolina, consistent with the application and plans for USACE Permit
Nos. 200411323 and 200411324.
Condition(s) or Limitation(s) of Permit Reportedly Violated:
Sunset Bay, LLC, failed to comply with special condition b. of the subject permits, which state that, "The
Permittee shall preserve and maintain 3.0 acres of DA jurisdictional wetlands identified on the
applicant's property plat submitted with the application (plat number P01077, dated 2-26-04, titled
Sunset Bay, LLC). The Permittee is prohibited from performing any of the following activities on the
property: Filling; grading; excavating; earth movement of any kind; construction of roads, buildings,
signs, or any other structure; any activity that may alter the drainage patterns on the property; the
destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage,
trash, or-other waste material; or any other activity which would result in the wetlands being adversely
impacted or destroyed. Conservation area boundary shall be clearly marked to prevent future inadvertent
impacts."
Special Condition c. of the subject permits state that, "Prior to beginning work authorized by this
permit, the Permittee shall execute and cause to be recorded a conservation easement prohibiting
those activities listed in condition b. above. The holder of this easement shall be approved by the
Corps of Engineers prior to recordation of the easement. The Permittee shall provide the Corps
of Engineers, a copy of the recorded easement within 60 days of the recordation of the easement.
The Permittee shall take no action inconsistent with the terms and purpose of the conservation
easement on the property described therein."
Special Condition d. of the subject permits state that, "Condition c. above runs with the land. The
Permittee shall not sell, lease, or otherwise convey any interest in the property without first providing
sixty (60) days written notice to the Corps of Engineers of the proposed conveyance. The instrument

affecting such conveyance shall include legally binding restrictions on the use of the mitigation property
as described in condition b. above, to be enforceable by the Permittee as well as the U.S. Army Corps of
Engineers, Wilmington District. The instrument establishing such restrictions shall be subject to the
approval of the Corps of Engineers. The Permittee shall enforce the terms of the required restrictions."
Description of the Nature of the Violation(s):
Sunset Bay, LLC, began construction of the residential/condominium complex without complying with
these permit conditions. Sunset Bay, LLC, only recently completed the requirements for the conservation
easement.
It is my decision that a Class 1 Administrative Penalty in the amount of $22,000 shall be assessed against
the permittee. Permittee will pay the penalty by cashier's or certified check, payable to FAO, USAED
Wilmington, and delivered to the Office of Counsel, U.S. Army Engineer District, P.O. Box 1890,
Wilmington, North Carolina, 28402, within 30 days from the effective date of this letter.
The issuance of this Order constitutes final U.S. Army Corps of Engineers action in this case for
purposes of judicial review.
This order will become effective 30 calendar days following its issuance unless an appeal is taken
pursuant to 33 U.S.C. § 1319(g)(8) or a hearing is granted. Since no hearing was held prior to the
issuance of this Order, a prior commenter may file a petition for a hearing within the 30-day period.
Issued this -*,day of July 2006.

IN REPLY REFER TO
Regulatory Division
Action ID: 200610657
Sunset Bay, LLC
C/O Mr. Eddie Goodrich
Post Office Box 3629
Kill Devil Hills, North Carolina 27948
Dear Mr. Goodrich:
March 23, 2006
hF Nit ? ?"" ?? IietriP rcP i?Rnpi?'li
t?Tl.R.Pa" frlh??I
200q CJ (a
This correspondence confirms your March 16, 2006, onsite meeting with Messrs. Raleigh
Bland and Tom Steffens of my staff at the Bermuda Bay Development, located off the south side
of Ocean Bay Boulevard, adjacent to Colington Creek, in Kill Devil Hills, Dare County, North
Carolina. The purpose of this meeting was to address non-compliance with the Department of
the Army (DA) permits issued to Sunset Bay, LLC, for work undertaken within DA regulatory
jurisdiction at the Bermuda Bay Development (Action IDs 200411323 and 200411324). Your
agent, Mr. Joe Lassiter of Quible & Associates, P.C., was also in attendance at this meeting.
Special Condition b. of the subject permits state that, "The Permittee shall preserve and
maintain 3.0 acres of DA jurisdictional wetlands identified on the applicant's property plat
submitted with the application (plat number P01077, dated 2-26-04, titled Sunset Bay, LLC).
The Permittee is prohibited from performing any of the following activities on the property:
Filling; grading; excavating; earth movement of any kind; construction of roads, buildings, signs,
or any other structure; any activity that may alter the drainage patterns on the property; the
destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any
garbage, trash, or other waste material; or any other activity which would result in the wetlands
being adversely impacted or destroyed. Conservation area boundary shall be clearly marked to
prevent future inadvertent impacts."
Special Condition c. of the subject permits state that, "Prior to beginning work
authorized by this permit, the Permittee shall execute and cause to be recorded a
conservation easement prohibiting those activities listed in condition b. above. The
holder of this easement shall be approved by the Corps of Engineers prior to recordation
of the easement. The Permittee shall provide the Corps of Engineers, a copy of the
recorded easement within 60 days of the recordation of the easement. The Permittee shall
take no action inconsistent with the terms and purpose of the conservation easement on
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
the property described therein."
1?
Special Condition d. of the subject permits state that, "Condition c. above runs with the land.
The Permittee shall not sell, lease, or otherwise convey any interest in the property without first
providing sixty (60) days written notice to the Corps of Engineers of the proposed conveyance.
The instrument affecting such conveyance shall include legally binding restrictions on the use of
the mitigation property as described in condition b. above, to be enforceable by the Permittee as
well as the U.S. Army Corps of Engineers, Wilmington District. The instrument establishing
such restrictions shall be subject to the approval of the Corps of Engineers. The Permittee shall
enforce the terms of the required restrictions."
Noncompliance with the special conditions of the subject permits constitutes violations of
Section 404 of the Clean Water Act (33 USC 1344). As discussed with Messrs. Bland and
Steffens, you agreed to accomplish the required actions necessary to bring your project into
compliance with the issued permits. You informed my staff at this meeting that these
transactions would be completed in the near future. As discussed, we are also considering
administrative penalties against you for this work. Accordingly, you will be contacted by
Wilmington District's Office of Counsel regarding this matter.
Failure to comply with this request may result in referral to the United States Attorney with a
recommendation for civil prosecution and or civil penalty for a violation of permit conditions
pursuant to 33 USCA Section 1319(g)(1)(b).
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,

David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
2
0
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
3

Quible & Associates, P.C.
C/O Mr. Joe Lassiter
Post Office Drawer 870
Kitty Hawk, North Carolina 27949
?OF WATFR p nnicnaei r. tasiey, uovernor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
-i Division of Water Quality
O '<
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 12, 2004
Eddie Goodrich
PO Box 3629
Kill Devil Hills, NC 27948
Subject Property: Sunset Bay, LLC, Kill Devil Hills, NC
Collington Creek [03-01-55, 30-21-1, SC]
Buzzard Bay [03-01-55, 30-21-1-1, SC]
APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS
Dear Mr. Goodrich:
DWQ Project No. 04-0168
Dare County
Page 1 of 2
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.99 acres of wetlands for the purpose of construct an assisted living facility and associated private
town homes at the subject property, as described within your application dated March 12, 2004 and received by the
N.C. Division of Water Quality (DWQ) on March 31, 2004. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you
to use Nationwide Permit(s) 39 and 18 when issued by the US Army Corps of Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non-discharge, and CAMA regulations. Also, this
approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid 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). For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
1. Erosion & Sediment Control Practices - Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and maintenance of such Best Management
Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control
Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites,
borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated
with the project.
2. No Waste, Spoil, Solids, or Fill of Any Kind - No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters,
or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notice 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.
North Carolina Division of Water Quality, WETLANDS / 401 UNIT
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands
Eddie Goodrich
Page 2 of 2
April 12, 2004
3. No Sediment & Erosion Control Measures w/n Wetlands or Waters - Sediment and erosion control measures shall
not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion
control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within
six months of the date that the Division of Land Resources has released the project.
4. Certificate of Completion - Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service
Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or
civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the 404 or
CAMA permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts),
you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for
a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Attachments: Certificate of Completion
GC 3402
Cc: Brian Rubino, Quible & Associates, PO Drawer 870, Kitty Hawk, NC 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
DWQ # 040168
Date: April 12, 2004
bz
Sincerely,
SENDING CONFIRMATION
DATE APR-13-2004 TUE 09:41
NAME DWQ?-WETLANDS
TEL [phone]
PHONE : [phone]
PAGES : 2/2
START TIME : APR-13 09:40
ELAPSED TIME : 0013611
MODE : ECM
RESULTS : OK
FIRST PAGE OF RECENT DOCUMENT TRANSMITTED...

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April 12, 2004
DWO Project No. 04-0188
Dare County
Pape 1 of 2
Edole Ooooriul,
PO 80. 3829
Ipll Devil Hills, NC 27940
Subject Properly Sunset Day, I.I.C. Kill Oei Hills. NC
Collinglon Greek 103-01.55, 30 21-1, SC)
8u,Ard BeV (03.01-55, 30-?1-1.1, SC)
APPROVAL 01401 Water Quality Cl rtiflniicn with ADDITIONAL CONDITIONS
Door Mr. Goodrich:
You have our approval, in accordance with the attached uund?tions and those listed below, to Vill fill within or
otherwise impact 0.99 wirso of wetlands for the OUrpoee Ot uuoi trdct an assisted living facility and asawlaled private
town homes at the subject property, as described Within your application dated March 12, 2004 and fecerved by the
N.C. DMslon of Water CmIfty (OWO) On Marsh 31, 2004. After reviewing your applirallnn, we Slave decided that the
Impact are covered by Goneml Water Quallty Cerilicatun Number(s) 3402 (GC3402). The Geriftalkx,(s) allows you
ro use Nationwide Permit($) 39 and 18 when issued by the I Army Come of Frlglneara (USAGE). In addition, yet)
should Obtain or otlaN+su comply with any other required federal, state ur di permits before you go ahead with yuor
projod Inoludllq (but net Ifinihid W) Erosion and riodsmellt Control, tbn dlschargn, and CAMA regulations. Also, this
approval will expire when the accompanying 404 permit expires unless otherwise spscif,ed in the General CortiWalion.
This approval is only valkl to if* purpose and design [hat you described In your application. II you d,ange your pro)oct.
you must 11oaN us and you may be requited to send to a new application. If the properly is sold, the new pWnN, must
bit given a copy of Nis Cedlfloatlon and approval leftist and is thereby respunslbce for complying with all conditions. If
total fills for this project Inow, oOrin the future) exceed one acre or wetland or lbO linear feet of stream, componaalory
mitigation may be required as described in 15A NCAC 211 .0501 (h), For this approval to be valid, you must foll the
oondhions sated In the attached osirriticalio, and any additional modifiom bled below.
Condlllow:
Wawa t7, 9edimont Control r4ectlcae - Cruoi in and opdnmant control luol,C Ce9 must be M hill cernplktnee With all
specllirw8ons governing the proper design, installation and operation and maintenance of such Best Managoment
Practlcss in order to protect surface waters standards:
a. The erosion and sediment control measures for the projed must be dssignad, installed, operated, and
maintained to arzvnlanue with the most recant versos of the North Carolers Soutirnent and Erosion Control
Planning and Design Manuel.
IS. -ITro design, inatalletion. operation, and mamili-foe of the sediment and emalur e"Irol measures must
be suon that they equal, to 4xnful the requirements specified In the most recent version of the North
Camfna SedNnent and Erbauon Control Mantel. The devices al,all be maintained on all oonolnx:lien sites.
borrow sit". and waste pile (*poll) project, Including contractor owned or lesaed honow pits asaoelatrid
with the pro)ect.
2. No W asro. Spoil. Solids, or FIII of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wullande. waters,
or riparian areas beyond the fuolprtnt of the Impacts dap tied in the Preconstruclion Notice Application. All
construction setMtles. leoluding the design. ioatallatron, operation, and maintenance of sediment and erosion control
seat Meulegemeol Praeticee, shall be (performed so that no vocations of state water quality standards, statutes, or
rules occur.
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 0 - b
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF: July 19, 2006
Regulatory Division
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Ms. Karoly:
This is in reference to our letter of June 13, 2006, in which you were provided a copy of a
Proposed Class 1 Administrative Penalty for alleged violations of Department of the Army
Permit Nos. 200411323 and 200411324.
A Final Order has been issued assessing a Class 1 Administrative Penalty against Sunset
Bay, LLC, in the amount of $22,000. A copy is enclosed.
Sincerely,
Samuel K. Jolly
Chief, Regulatory Division
Enclosure
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OWNER: SUNSET MY. LLC
P.0. BOX 3629
KILL DEVIL HILLA NC 27948
2. TOTAL PROPERTY AREA: »79.6 ACRES
TOTAL WEIIANDS PROPERTY' 24.5 ACRES
3. ISOLATED WETAL DS FILL APPLIED FOR:
BACIOU OF 0.70 ACRES (30,140 SF) OF ISOLATED WETLANDS
AS DETERMINED BY US ARMY CORPS OF ENG14M (USACE)
401 WATER QUALITY CERY CATION APPLIED FOR ON 2/02/04 AND REVISED 2/23/04
4. PROPOSED WOW ASSOCIATED " NATK> MM 39 AND NATIONWIDE 1S APPLICATION:
A. NATIONWIDE W. SAWILL OF 11A856 SF OF SECTION 404 MElLANDS
N AN AREA ADONIS THE 100 YR FLOOD ELEVATION
8. NATIONNIUE 18: BACKFILL OF 1.019 SF OF SECTION 404 METLAtDS
N AN AREA BELOW TIE 10018 FLOOD ELEVATION
C. TOTAL PROPOSED IEAAIDS FILL ASSOCIATED 111114 404 FILL: MM SF (0.30 ACRES)
TIE PROPOSED FILL IS NECESSARY FOR COMPLETION OF AN ASSISTED LIVING
FACILITY AND ASSOCIATED TOWNHOIES AS SHOWN ON THE SITE PLAN
5. TOTAL PROPOSED WETLANDS FILL (ISOLATED AND 400 43.015 SF (0.99 AC)
6. PROPOSED MITICATM MEASURES
PRESERVATION OF 3 ACRES (181) CF SECTIONACONSERVAIM 441 NEILAIDS ON TIE SUBJECT PROPERTI
PRESERVATON AREA WOULD ? RECORDED IN EASEMENT.
7. WETLANDS sUR+?EY Z PROVIDED BY SEABOARD SURVEYING AND PLAIN IK NC;
PROPOSED DEVEI PLANS PROVIDED BY BLSSELJ. PROFESSK AL CFO"
a PROPOSED SITE PLAN PROVIDED BY BLSSO L PROFESSIONAL Oft" '
TOTAL MAXIMUM PROPOSED IMPERVIOUS COVERAGE: 966,215 SO. FT, (27.8)
9. WETLANDS DELINEATION PERFORMED BY QUOLE R ASSOCIAYM P.C
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PROPOSED WETLANDS FILL SITE PLAN
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GRAPHIC SCALE
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pmee Usc Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
Nationwide 39 and Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Eddie Goodrich
Mailing Address: P.O. Box 3629
Kill Devil Hills, NC 27948
Telephone Number. Fax Number:
E-mail Address:
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: Quible & Associates, P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk, NC 27949
Telephone Number: 252-261-3300 Fax Number: 252-261-1260
E-mail Address: guibl(@earthlink.net
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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 I 1 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: Sunset Bay, LLC
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 988310279410
4. Location
County: Dare Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):From NC 158, turn down
Colineton Road: travel 0.5 miles and take a left onto a vel road. pass the recycling_ center.
and follow the road to wastewater treatment facility that is on the north end of the property
5. Site coordinates, if available (UTM or Lat/Long):-35°00'27" N lat., -75°40'23" W Ion.
(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:
Site consists mostly of sparsely vegetated dunes and wooded flats: there is a broad coastal
marsh and section 404 wetland expanse along the shoreline side of the prgperty. The
proposed conservation easement area (see site plank is dominated by Section 404 wetlands .
. -Closer.to ColinQton Creek, this wetland area is dominated by coastal marsh There-are-also
some isolated wetland areas and iurisdictional Section 404 wetlands on the interior of the
property as shown on the site plan. The isolated wetlands as called by the USACE have
been proposed to be filled 30,140 sq.ft. A 401 Water Quality Certification application was
originally submitted to DWQ on February 2 2004 There are also 11,856 sq ft of Section
404 wetlands that are proposed to be filled in an area above the 100 year flood plain with a
Nationwide 39 Permit. And, an additional 11,019 sq ftof Section 404 wetlands (within the
100 year flood plain) are proposed to be filled with a Nationwide 18 Permit
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Nationwide 39 Permit. And, an additional 11,019 sq.ft. of Section 404 wetlands (within the
100 year flood lain) are proposed to be filled with a Nationwide 18 Permit.
7. Property size (acres): 79.6 acres
8. Nearest body of water (streamlriver/sound/ocean/lake): Colinaton Creek and Buzzard Bay
9. River Basin: Pasguotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htip://h2o.enr.state.ne.us/admin/mgps/.)
10. Describe the purpose of the proposed work: To construct an -assisted living facility and
associated private town homes on the property as shown on the site plan. The planned
development plans utilize the upland portions of the property and preserve the riparian
wetlands on the west side of the property. The groposed wetlands fill is necessary for the
scope of work shown. Stormwater Management Plans for the project will be submitted to
DM (stormwater outfalls are identified on the site plan).
11. List the type of equipment to be used to construct the project:
The wetlands fill12ortion of the proiect requires a back hoe, dump. truck and compaction
eauipnnent such as a roller.
12. Describe the land use in the vicinity of this project: There are residential developments,
Dare Cg= Schools property and State and Federal lands.
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 1D 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,_p,* aegments. of the same T.I.P. ,project, along with
construction schedules:: • , ,
N/A
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:
NecessW permits would include Soil Erosion and Sedimentation Control, Stormwater
Management, Septic System Permit, Building Permits
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VI.
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Proposed Impacts to Waters of the United States/NVaters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts- see detail on site plan
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Area Al- Nat 39 Fill, grading 0.272 no 1,775 Linear Section 404, grass
Area A2- Nat 18 Fill, grading 0.023 yes 200 Section 404,. wooded
Area A3- isolated Fill, grading 0.47 :Ito 2,600 .. isolated. .
Area A4- isolated kill, grading 0.21 no 2;600 isolated :.
Area A5- isolated Fill, grading 0.01 no 2,850 isolated

* List each impact separately and identity temporary Impacts. Impacts mcruae, nut are not mmrea to: mecnamzea ciearmg, gratung, rur,
excavation, flooding, ditching/drainage, ate. 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 ]lttp:%/www.ftma.ggv_. .
*** List"a wetland type that best describe8 vetland to be' impacted (e.g.,' freshwater/salhvat6i marsh, forested' wetland, beaver pond;
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 24.5 ac
Total area of wetland impact proposed: 43.015 sq. ft. (0.99 acres)
2. Stream Impacts, including all intermittent and perennial streams N/A
Streamlmpact
SiteNamber
(indicate 'on ma
Type of Impact* Length of
Impact'
liiiear feet `
Stream Name" Average Width
" df Stream '
Befbre'Ini `act Perennial or
'. -Intermittent?
leases ecif '

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* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
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.uses.eoy. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topo7one.com,
www.maoouest.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
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbod
(if applicable) y Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not lammed to: rill, excavation, dredging,..
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and;illustrated on any maps included with this application:
Pond to be created in (check all that apply): El uplands ? stream [] wetlands
Describe the method of construction (e.g., dam/embankment, , excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
V11. Impact Justificatim '(:Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts: It may be, useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The nrooosed fill areas include proposed building footprint and driveway locations. Planning
efforts have been made to avoid disturbance to all wetlands along the shoreline, but the scope of
work would require some fill of the Section 404 areas shown. It is the intention of this project to
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preserve the riparian shoreline and preserve 3 acres of Section 404 wetland with a conservation
easement as shown on the site plan. The main assisted living facility phase of the proiect located
in the area in the vicinity of the isolated wetlands is utilizing a HUD financing program. A
necessary requirement of this loan is to stay outside of the Wright Brothers Memorial flight path
as depicted on the site plan, and, this phase of work must be located above the 500 year flight
plan.
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 shalt Ue 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
htip://h2o.enr.state.nc.us/ncwetlands/stnng,ide.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.)j .:and -a
description of the current site conditions and proposed method of construction.-''Please attach
a separate sheet if more space is needed.
The mitigation plan involves in-kind and on-site preservation of Section 404 wetlands (3
acres) as shown on the site plan. - This is a 10:1 preservation to disturbance ratio for the
proposed Section 404 wetlands fill (AI and A2). The area shown as the proposed
conservation easement is dominated by Section 404 wetlands. Further to the west is a
wetland area dominated by coastal marsh (regularly tidally flooded). The Section 404
wetlands provide a filter for runoff and a plant and animal habitat.
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2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 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/wT/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):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of-public (federal/state/local)
land?
Yes. ? - 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 (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes. ? , .No;,?. ,
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 (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?Vll above. All proposed impacts must,be listed herein;
and must be clearly identifiable on the accompanying site plan. All buffers must be'shown oh 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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify_ )?
Yes ? No ? If you answered "yes", provide the following information:
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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
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
" Zone 1 extends out 3U feet perpendicular from near nanK of cnanner cone z exienas an
additional 20 feet from the edge of Zone 1.
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 existing impervious coverage on the si biect property is approximately 33.700 so. ft. This
includes an existing wastewater treatment facility in the northeast portion of the property. The
total maximum impervious coverage at build-out is 966,215 sg. ft (27.8 0/0A State Stormwater
on .
methods will include. drainage ditches, and culverts that lead to story awater :ponds, as shown.,
the enclosed site plan.
XH. 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.
XIII. Vigkations (DWQ. Qtly)..
Is this site in violation of DWQ Wetland Mules (15A NCAC 2H' :0500) or any. Buffer' Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
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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).
?,-,.. PV-- ? 3(% 2 j d 4
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 13 of 13
# ._aG i _, 11 ..,<>?sH rniv a??1i nU'Wd6G: c'L th0-UF.'-?.
Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
March 12, 2004
John R. Dorney
NC Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Sunset Bay, LLC Property
DWQ # 04-0168
Mr. Dorney:
INTI.?,P?r /,9 GROUP
MA ? l)I),,!
WAT:i+ GI1J,1it.?'r ;i (;14IUf?
P.O Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax [phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S, Lassiter, C.E.P.
Eduardo,F Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
David S, Neff
We have received and reviewed the faxed copy of your March 10, 2004 letter about the Sunset Bay, LLC
Property and the 401 Water Quality Certification requests submitted. And, I had a telephone
conversation today with Cyndi Karoly and Mike Horan from your office to discuss this subject. There
have been two separately submitted 401 Water Quality Certification requests. The first was originally
submitted on February 2, 2004 for the fill of 0.70 acres of isolated wetlands. The actual proposed
isolated wetlands fill area is 30,140 sq. ft. (under 0.70 acres) as listed on the site plan. These proposed
wetlands fill areas ares on the east side of the subject property as shown on the site plan. The US Army
Corps of Engineers (USACE) has recognized these areas as "isolated wetlands" and does not have
jurisdiction over these areas, therefore, USACE does not require fill permitting. This is the reason that
this propuXd ?.,;tlands ill package was submitted separately from the combination ;utic:. r .ai:
39/Nationwide 18 application submitted on March 8, 2004. The isolated wetlands fill request was only
sent to USACE as a courtesy copy. During the telephone conversation today, Ms. Karoly indicated that
DWQ looks at all wetlands the same and does not separate Section 404 wetlands and isolated wetlands
for the purpose of fill permitting. She asked me to submit a site plan and 401 Water Quality Certification
Pre-Construction Application for all proposed fill on the property.
The isolated wetland areas are a result of permitted discharges from the existing wastewater treatment
plant located on the northeast side of the subject property. There are rotary distributors that discharge
treated water that has run through the wastewater plant. Future upgrades of the plant do not require this
rotary distribution. Furthermore, there is no connection from this isolated pockets to adjacent wetlands
or waters of the State.
The Nationwide 39/Nationwide 18 permit request is for 0.3 acres of Section 404 adjacent wetlands fill,
The actual proposed Section 404 fill area is 12,875 sq. ft. (under 0.30 acres) as listed on the Nationwide
site plan. Since these wetlands are jurisdictional 404 wetlands, Nationwide permitting is required in
order to fill. Offered as mitigation for this proposed fill is a conservation easement for 3.0 acres (10:1
preservation to fill ratio) of Section 404 wetlands as shown. Total proposed isolated and 404 wetlands
fill is 43,015 sq. ft. (0.99 acres).
As I previously stated in a February 23, 2004 letter to Mike Horan, the site plan was designed to preserve
the broad riparian coastal marsh and Section 404 wetland expanse on the west side of the property,
adjacent to waters of Colington Creek. It was also a requirement that the assisted living facility be placed
outside of the flight path of the nearby Wright Brothers Memorial air strip, and the facility must be out of
the 500 year flood zone. This is a requirement the US Dept. of Housing and Urban Development (HUD)
financing that is being utilized for this project. The assisted living facility that will be utilizing this HUD
loan is located to the east of the flight path as shown on the site plan. I have included a July 2, 2003
letter from HHHUNT that references these HUD requirements. There is an area on the property adjacent
to the northeast corner of the VA Power outparcel that does not propose any development. This is due to
the fact that this is an inland dune escarpment area that will be preserved. I have enclosed a V=100' as-
built topographic site plan that shows the escarpment. This is scrub-shrub and a live oak and pine
wooded area that would require excessive grading and clearing to create a buildable area. It is the aim of
this project to preserve the natural setting whenever possible. As previously discussed, the proposed
wetlands fill is necessary to accomplish the goals of this project. The isolated wetlands are depressional
areas that have developed from the discharge of treated wastewater through a rotary distribution system.
These are not naturally occurring. It is uncommon for natural wetlands to be located above the 500 year
flood plain on the Outer Banks, as these wetlands are.
Please review this information at your earliest convenience. You can reach me at [phone] to
discuss anything pertaining to this matter.
Enclosed is the following:
• (7) 11" x 17" site plan
• (7) revised Pre-Construction Application
• (7) July 2, 2003 letter from HHHUNT
• (1) Full size (I"= 100') site plan
• (1) Full size As-built and topographic site plan
Sincerely,
Quible & Associates, P.C.
Brian Rubino
Environmental Scientist
CC: Eddie Goodrich
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project: WcTLANI)S / 401 GROUP
® Section 404 Permit
? Section 10 Permit MAP E In M04
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules WATER QUAL Y SECTION
2. Nationwide, Regional or General Permit Number(s) Requested:
Nationwide 39 and Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Eddie Goodrich
Mailing Address: P.O. Box 3629
Kill Devil Hills, NC 27948
Telephone Number:
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: Quible & Associates, P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk, NC 27949
Telephone Number: 252-261-3300 Fax Number: 252-261-1260
E-mail Address: quiearthlink.net
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: Sunset Bay, LLC
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 988310279410
4. Location
County: Dare Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):From NC 158, turn down
Colington Road; travel 0.5 miles and take a left onto a gravel road; pass the recycling_ center
and follow the road to wastewater treatment facility that is on the north end of the property.
5. Site coordinates, if available (UTM or Lat/Long):-35°00'27" N lat., -75°40'23" W Ion.
(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:
Site consists mostly of sparsely vegetated dunes and wooded flats; there is a broad coastal
marsh and section 404 wetland expanse along the shoreline side of the property. The
proposed conservation easement area (see site plan) is dominated by Section 404 wetlands.
Closer to Colington Creek, this wetland area is dominated by coastal marsh. There are also
some isolated wetland areas and jurisdictional Section 404 wetlands on the interior of the
property as shown on the site plan. The isolated wetlands, as called by the USACE have
been proposed to be filled 30,140 sq.ft.. These areas contain characteristics of a wetland
because of their proximity to rotary distributor treated wastewater discharges. These areas
are not naturally wetlands. A 401 Water Quality Certification application was originally
submitted to DWO on February 2, 2004. There are also 11,856 sq.ft. of Section 404
wetlands that are proposed to be filled in an area above the 100 year flood plain with a
Page 6 of 13
Nationwide 39 Permit. And, an additional 11,019 sq.ft. of Section 404 wetlands (within the
100 year flood plain) are proposed to be filled with a Nationwide 18 Permit.
7. Property size (acres): 79.6 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Colington Creek and Buzzard Bad
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.://h2o.enr.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: To construct an assisted living facility and
associated private town homes on the property as shown on the site plan. The planned
development plans utilize the upland portions of the property and the riparian
wetlands on the west side of the property. The proposed wetlands fill is necessary for the
scope of work shown. Stormwater Management Plans for the project will be submitted to
DWQ (stormwater outfalls are identified on the site plan).
11. List the type of equipment to be used to construct the project:
The wetlands fill portion of the project requires a back hoe, dump truck and compaction
equipment such as a roller.
12. Describe the land use in the vicinity of this project: There are residential developments,
Dare County Schools property and State and Federal lands.
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.
N/A
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:
Necessary permits would include Soil Erosion and Sedimentation Control, Stormwater
Management, Septic System Permit, Building Permits
Page 7 of 13
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. 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- see detail on site plan
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Area Al- Nat 39 Fill, grading 0.272 no 1,775 Linear Section 404, grassy
Area A2- Nat 18 Fill, grading 0.023 yes 200 Section 404, wooded
Area A3- isolated Fill, grading 0.47 no 2,600 isolated
Area A4- isolated Fill, grading 0.21 no 2,600 isolated
Area A5- isolated Fill, grading 0.01 no 2,850 isolated

* 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 littp://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 24.5 ac
Total area of wetland impact proposed: 43,015 sq. ft. (0.99 acres)
2. Stream Impacts, including all intermittent and perennial streams N/A
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

Page 8of13
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/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 og_v. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.coin, 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
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
The orouosed fill areas include aroposed building footprint and drivewav locations. Plannina
efforts have been made to avoid disturbance to all wetlands along the shoreline, but the scope of
work would require some fill of the Section 404 areas shown. It is the intention of this project to
Page 9 of 13
preserve the riparian shoreline and preserve 3 acres of Section 404 wetland with a conservation
easement as shown on the site plan. The main assisted living fcility phase of the project located
in the area in the vicinity of the isolated wetlands is utilizing a HUD financing program. A
necessary requirement of this loan is to stay outside of the Wright Brothers Memorial flight path
as depicted on the site plan, and, this phase of work must be located above the 500 year flight
plan.
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.enr. state.ne. us/ncwetlands/strm,gide.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.
The mitigation plan involves in-kind and on-site preservation of Section 404 wetlands (3
acres) as shown on the site plan. This is a 10:1 preservation to disturbance ratio for the
proposed Section 404 wetlands fill (Al and A2). The area shown as the proposed
conservation easement is dominated by Section 404 wetlands. Further to the west is a
wetland area dominated by coastal marsh (regularly tidally flooded). The Section 404
wetlands provide a filter for runoff and a plant and animal habitat.
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 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 hqp://h2o.enr.state.nc.us/wW/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):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? 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 (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
. Yes ? No ?
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 (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 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No E] If you answered "yes", provide the following information:
Page 11 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
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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 existing impervious coverage on the subiect propertv is approximately 33.700 sa. ft. This
includes an existing, wastewater treatment facility in the northeast portion of the property. The
total maximum impervious coverage at build-out is 966,215 sq. ft. (27.8 %). A State Stormwater
Management Plan will be submitted to DWQ_by a licensed engineer.Stormwater Control
methods will include drainage ditches and culverts that lead to stormwater ponds as shown on
the enclosed site plan.
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
Page 12 of 13
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).
3INzIe-f
Applicant/Agent's Signature I Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
6- 4-U;3; 1 1 : 11ANI .
f uN; r
venru(ifons of Beller Woos
JUIy 2, 2003
Eddie Goodrich
P. 0. Box 3629
Kill Devil Hills, NC 27984
Re.: Assisted Living Building at Kitty Hawk place
Dear Eddie :
HHHunt selected the proposed location for our 72-Bed assisted living building in your new
Kitty Hawk based on two criteria. We have 18 Assisted Living Buildings and all of these are
financed using a HUD issued 232 Loan program. The proposed building located in Dare
County will use this financing program. All our buildings are single story and the building in
your development will be a single story building of approximately 82,000 square feet.
HUD will not allow a building to be built in the flight line of any airport and will not allow the
building to be constructed in any area with a flood rating worse than a 500-year flood zone.
The site under contract is the only location on your property that meets these criteria.
Our company searched for site in all areas of Dare County. The Town of Kill Devil Hills
approved Kitty Hawk Place and required a portion of this development to be age-restricted.
The four-acne site we have under contract in your development our only option for this
development. If I can provide any additional information, please contact me.
Sincerely yours,
James M. Nicholson
Vice President of Business Development
HHHunt of Norlh Carolina
Triage Check List
Date: I t( • 04
Project Name: 6?= lt.? , ( LC
DWQ#: 0 `1- OlbR
County: _1
To: ? ARO
? FRO
? MRO
? RRO
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
WaRO ( Tom Steffens
WiRO Noe1Te Lut Bran
? WSRO Daryl Lamb
From: 140
Telephone : (919)3 r4.
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
lXMinimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern cjo?? ?D e? `. •-?
,><
?O`.RaO.CD
Comments:
d
SGNU-113M-0MG:3WUN 2689€2LGTG:131 90:ZZ Sal t7002-0€-ddW
QUIBLE &
ASSOCIATES, P.C.
Engineering - Planning - Environmental Sciences - Surveying
since 1959
FACSIMILE TRANSMITTAL
T0: 9013 Z
4QEGk 1
FROM: RRIAN Q?etio
DATE: 3 13?D y TOTAL NUMBER OF PAGES: _ 13
(including this page)
AS REQUESTED
..,? FOR.YOUR INFORMATION-
:'... - ..: FOR REVIEW AND COMmna
FOR CONSIDERATION AND
APPROVAL
NEED RESPONSE A.S.A-P.
PLEASE PHONE TO DISCUSS
PLEASE SIGN AND RETURN
PLEASE REPLY VIA FAX
PLEASE REPLY VIA MAIL
: COMMENTS: I?E C~w j e r %A,y LL-C- Dw 67?ft_ b y . d 1 b$
NOTICE OF CONFIDENTIALIW I ,
The information contained in this facsimile transmittal is privileged and confidential, and is intended for the
addressee only. If you are neither the intended recipient nor the employee or agent responsible for
delivering this message to the intended recipient, any disclosure of this information is strictly prohibited. If
you have received this transmittal in error, please notify the person transmitting the information
immediately and return the transmission to the firm set out above immediately.
8 Juniper Trail
Post Office Drawer 870
Kitty Hawk, North Carolina 27949-0870
Phone: [phone] Fax: [phone]
E-Mail: [e-mail]
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WETLANDS
PROPOSED ISOLATED WETLANDS
FILL (30,140 SF, 0.7 AC)
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AL # KILL DEVIL WILLS, NC 27948 ISOLATED WETLANDS FILL PLAN FOR 401 WATER QUALITY CERTIFICATION
AL t .1 2. TOTAL PROPOM AREA: -79.6 ACRES
TOTAL WETLANDS PROPERTY: 24.5 ACRES
SUNSET BAY, LLC
AL 3. PROPOSED WORK: BAOKFILL OF 0.70 ACRES (30,140 SF) OF ISOLATED WETLANDS
AS DETERMINED BY US ARMY CORPS OF ENGINEERS (USACE) AS Ac:
THE PROPOSED FILL IS N€CE55ARY FOR COMPLETION OF AN ASSISTED LIVING
I Ak FACAITY AS SHOW ON THE SITE PLAN IDYL DEWL HILLS DARE CO. NORTH CAROLINA
AIL 4. WETLANDS SlNt1EY IN M, M PROVIDED BY SEABOARD SURVEYING AND PLANNING, INC; SCALE 1-300' ra mm P01077 DAZE 1/28/04
PROPOSED DEVELOPINNT PLANS PROVIDED BY BISSELL PROFESSIONAL GROUP
5. P
TOTAL MAXMIM PROPOSED IMPERVIOUS ROPOSED SITE PLAN PROVIDED BY BISSELL PROFESSIONAL GROUP COVERAGE: 'utib and Associates, P.C.
6. WETLANDS DELINEATI PERFORMED BY OUIBLE& ASSOCIATE , P.C (27.871) Q
• . ? .. • S1V6DtBEftB, PLIlIA?d11S, ANY94NJOUM SCMFCdS
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.
,
. Kitty Howk. NC 27949
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING Phone: [phone]
Fax: [phone]
SINCE 1959
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Loa ker, C.F.P.
Eduardo J. Voldivieso. P.E.
LETTER OF TRANSMITTAL
ASSOCIATES
JoWh J. Ankwf, P.E.
March 29, 2004 Katherine C. Morc
Davd S. helo, Neff
To: Tom Steffans, NCDENR, Div. of Water Quality
From: Brian Rubino, Quible & Associates, P.C. enclosed information is an amended narrative and application for the Sunset Bay, LLC project
(DWQ# 04-0168), The inference that the rotary distributors may have influenced wetland creation has
been omitted from the DWQ fill permit request. There was no evidence that this was the case and this
should not have been conveyed in the application package.
Enclosed is the following:
• Amended narrative (March 12, 2004 letter to John Dorney)
• Amended Application signed March 12, 2004 (page 6 revised)
I am overnighting a hardcopy of this information. Please contact me if any additional information is
necessary. Thank you for your attention to this matter.
nc (?uv cn fit) `. VVd E7 := f qr)- )f-?
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Quible
SaNd_113M-0MG:3141JN 26e9€2Z6T6:X31 La:ZZ 3ni tow-0z-duw
Quible & Associates, P.C.
ENGINEERING' - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING
SINCE 1959
P.O. Drowes 870
Kitty Hawk, NC 27949
Phone: [phone]
Fox: 252.261-1260
FRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. \b1dvleso, P.E.
March 12, 2004
John R. Dorney
NC Division of Water Quality
401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Sunset Bay, LLC Property
DWQ # 04-0168
Mr. Domey:
ASSOCIATES
Joseph J. Anlout, P.E.
Katherne C. Morchello, P.L.S.
David S. NeH
We have received and reviewed the faxed copy of your March 10, 2004 letter about the Sunset Bay, LLC
Property and the 401 Water Quality Certification requests submitted. And, I had a telephone
conversation today with Cyndi Karoly and Mike Horan from your office to discuss this subject. There
have been two separately submitted 401 Water Quality Certification requests. The first was originally
submitted on February 2, 2004 for the fill of 0.70 acres of isolated wetlands. The actual proposed
isolated wetlands fill area is 30,140 sq. ft. (under 0.70 acres) as listed on the site plan. These proposed
wetlands fill areas aces on the east side of the subject property as shown on the site plan. The US Army
Corps of Engineers (USACE) has recognized these areas as "isolated wetlands" and does not have
jurisdiction over these areas, therefore, USACE does not require fill permitting. This is the reason that
this proposed wetlands fill package was submitted separately from the combination Nationwide
39/Nationwide 18 application submitted on March 8, 2004. The isolated wetlands fill request was only
sent to USACE as a courtesy copy. During the telephone conversation today, Ms. Karoly indicated that
DWQ looks at all wetlands the same and does not separate Section 404 wetlands and isolated wetlands
for the purpose of fill permitting. She asked me to submit a site plan and 401 Water Quality Certification
Pre-Construction Application for all proposed fill on the property.
The Nationwide 39/Nationwide 18 permit request is for 0.3 acres of Section 404 adjacent wetlands fill.
The actual proposed Section 404 fill area is 12,875 sq. ft. (under 0.30 acres) as listed on the Nationwide
site plan. Since these wetlands are jurisdictional 404 wetlands, Nationwide permitting is required in
order to fill. Offered as mitigation for this proposed fill is a conservation easement for'3.0 acres (10:1
preservation to fill ratio) of Section 404 wetlands as shown. Total proposed isolated and 404 wetlands
fill is 43,015 sq. ft. (0.99 acres).
As 1 previously stated in a February 23, 2004 letter to Mike Horan, the site plan was designed to preserve
the broad riparian coastal marsh and Section 404 wetland expanse on the west side of the property,
adjacent to waters of Colington Creek. It was also a requirement that the assisted living facility be placed
outside of the flight path of the nearby Wright Brothers Memorial air strip, and the facility must be out of
the 500 year flood zone. This is a requirement the US Dept. of Housing and Urban Development (HUD)
financing that is being utilized for this project. The assisted living facility that will be utilizing this HUD
loan is located to the east of the flight path as shown on the site plan. I have included a July 2, 2003
letter from HHHUNT that references these HUD requirements. There is an area on the property adjacent
.1. # Cad .'I r?_ _n_ t ?„?-cN l,uw :a I<7i nU?VVdf-; :'t? L1+U-08-?.
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SGNU113M-OMG:3WdN 268922Z6T6:131 18:ZZ 3ni b002-0z-dHw
to the northeast corner of the VA Power outparcel that does not propose any development. This is due to
the fact that this is an inland dune escarpment area that will be preserved. I have enclosed a 1"=100' as-
built topographic site plan that shows the escarpment. This is scrub-shrub and a live oak and pine
wooded area that would require excessive grading and clearing to create a buildable area. It is the aim of
this project to preserve the natural setting whenever possible. As previously discussed, the proposed
wetlands till is necessary to accomplish the goals of this project.
Please review this information at your earliest convenience. You can reach me at [phone] to
discuss anything pertaining to this matter.
Enclosed is the following:
• (7) 11" x 17" site plan
• (7) revised Pre-Construction Application
• (7) July 2, 2003 letter from B CHUNT
• (1) Full size (1"=100) site plan
• (1) Full size As-built and topographic site plan
Sincerely, .
Quible & Associates, P.C.
Brian Rubino
Environmental Scientist
CC: Eddie Goodrich
1 t- # ('I l'?.. -,_ l' 11ti117 I" I, -i I t I I r i c e: VVd(? G: ? I' t,( )-C)E-f.
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit 1M,Uh: a ? Ill( ?
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
,dl
2. Nationwide, Regional or General Permit Number(s) Requested:
Nationwide 39 and Nationwide 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Eddie Goodrich
Mailing Address: P.O. Box 3629
Kill Devil Hills, NC 27948
Telephone Number:
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: Quible & Associates, P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk, NC 27949
Telephone Number: 252-261-3300 Fax Number: 252-261-1260
E-mail Address: Quibl(a,earthlink.net
Page 5 of 12
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: Sunset Bay, LLC
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 988310279410
4. Location
County: Dare Nearest Town: Kill Devil Hills
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.):From NC 158, turn down
Colington Road; travel 0.5 miles and take a left onto a gravel road; pass the recycling center
and follow the road to wastewater treatment facility that is on the north end of the property.
5. Site coordinates, if available (UTM or Lat/Long):-35°00'27" N lat., -75°40'23" W Ion.
(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:
Site consists mostly of sparsely vegetated dunes and wooded flats; there is a broad coastal
marsh and section 404 wetland expanse along the shoreline side of the property. The
proposed conservation easement area (see site plan) is dominated by Section 404 wetlands.
Closer to Colington Creek, this wetland area is dominated by coastal marsh. There are also
some isolated wetland areas and jurisdictional Section 404 wetlands on the interior of the
property as shown on the site plan. The isolated wetlands, as called by the USACE have
already been to be filled (0.70 acres). These areas contain characteristics of a
wetland because of their proximity to rotary distributor treated wastewater discharges. These
areas are not naturally wetlands. A 401 Water Quality Certification application has been
submitted to DWQ on February 2, 2004.
7. Property size (acres): 79.6 acres
Page 6 of 12
8. Nearest body of water (stream/river/sound/ocean/lake): Colington Creek and Buzzard Bay
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 htty://h2o.enr.state.nc.us/admin/mys/.)
10. Describe the purpose of the proposed work: To construct an assisted living facility on the
property as shown on the site plan. The planned development plans utilize the upland
portions of the property and preserve the riparian wetlands on the west side of the property.
The proposed wetlands fill is necessary for the scope of work shown. Stormwater
Management Plans for the project will be submitted to DWO (stormwater outfalls are
identified on the site plan).
11. List the type of equipment to be used to construct the project:
The wetlands fill portion of the project requires a back hoe, dump truck and compaction
equipment such as a roller.
12. Describe the land use in the vicinity of this project:_ There are residential developments,
Dare County Schools property and State and Federal lands.
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.
N/A
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:
Necessary permits would include Soil Erosion and Sedimentation Control, Stormwater
Management, Septic System Permit, Building Permits
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 7 of 12
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
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Area A2- Nat 39 Fill, grading 0.272 yes 1,775 Linear Section 404, grass
Area A2- Nat 18 Fill, grading 0.023 yes 200 Section 404, wooded

* 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.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 24.5 ac
Total area of wetland impact proposed: 0.30 ac
2. Stream Impacts, including all intermittent and perennial streams N/A
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
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.
Page 8of12
** 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.uses.F'ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. N/A
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
The proposed fill areas include proposed buildinLy footprint and drivewav locations. Planninz
efforts have been made to avoid disturbance to all wetlands along the shoreline, but the scope of
work would require some fill of the Section 404 areas shown. It is the intention of this project to
preserve the riparian shoreline and preserve 3 acres of Section 404 wetland with a conservation
easement as shown on the site plan.
Page 9 of 12
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
htip://h2o.enr.state.nc.us/ncwetlands/strtngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The mitigation plan involves in-kind and on-site preservation of Section 404 wetlands (3
acres) as shown on the site plan. This is a 10:1 preservation to disturbance ratio. The area
shown as the proposed conservation easement is dominated by Section 404 wetlands.
Further to the west is a wetland area dominated by coastal marsh (regularly tidally flooded
The Section 404 wetlands provide a filter for runoff and a plant and animal habitat.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 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/wr2/index.htm. If
Page 10 of 12
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):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? 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 (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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 (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
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No E] If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact Multiplier Required
(square feet Mitigation
1 3
Page 11 of 12
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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 existing impervious coverage on the subject property is approximately 33,700 sq. ft. This
includes an existing wastewater treatment facility in the northeast portion of the property. The
total maximum impervious coverage at build-out is 966,215 sq. ft. (27.8 %). A State Stormwater
Management Plan will be submitted to DWQ by a licensed engineer. Stormwater Control
methods will include drainage ditches and culverts that lead to stormwater ponds as shown on
the enclosed site plan.
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
ZONE X
BAY BOULEVARD
Sv,gAECT T(?-ALT
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OEPj LiE D oN s ITE f LA'v
ZONE X

*? ? t. it ?? \\\ \\\ \\\ \\\ \\\ \\\ \\ \\\ \\\ \\\

COASTAL BASE FLOOD ELEVATIONS APPLY ONLY LANDWARD OF THE
SHORELINE SHOWN ON THIS MAP
ZONE X

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01
QUIBLE & ASSOCIATES, PC
P.O. DRAWER 870 PH. 252-261-3300
KITTY HAWK, NC 27949
5821
F` .C?
DATE 66-679-531
PAY a` /?n !?
TO THE
ORDER OF YDD?V I -< $ 0k'
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DOLLARS u
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FOR
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11'000058 2 Lno 1:053 L067991: 69 2 905 L-2110
ATLANX
OCEAN LEGEND
WETLANDS
rPROPOSED SECTION 404 WETLANDS
FILL (12,875 SF; 0.3 AC)
.: ¦
4'. PROPOSED CONSERVATION EASEMENT
MITIGATION AREA (3.0 AC)
10:1 PRESERVATION
P

AlFA A-2
S©CTION 4" WET1 M AREA
P1LaPOeE? FILL, OF 1AN9 SF OF
USM A NATIONWIDE 018 POW ,
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NOTES:
1. OWNER: SUNSET BAY. LLC
EDDIE G OR
TOLL OEVL HILLS, NC 27948
2 TOTAL PROPERTY AREA: "79.6 ACRES
TOTAL WEILANDS PROPERTY: 24.5 ACRES
3 ISOLATED WETALND6 FLL ALREADY APPLIED FOI!
BACKFILL OF 0.70 ACRES (30.140 SF) OF ISOLATED WETLANDS
AS DETSOM ED BY US ARMY CORPS OF ETIQEERS (USAGE)
401 WATER QUALITY CERVICATION APPLIED FOR ON 2/02/64 AND REVISED 2/23/04
4. PROPOSED WORT ASSOCIATED VM THIS NATIONWIDE 39 AND NATIONWDE 18 APPLICATION:
A. NATION1111DE 39: BACIFLL OF 11,656 SF OF SECTION 404 XTLANDS
IN AN AREA ABOVE THE 100 YR FLOOD ELEVATION
B. NATIONWIDE 16: BA KFI L OF 1.019 Sir OF SECTION 404 MEIWOS
N AN AREA BELOW THE 100 YR FLOOD"ELFYIIM
C. TOTAL PROPOSED WETLANDS FILL ASSOCIATED WITH TM AF'PUCAwft 12,875 SF (0.30 ACRES)
THE PROPOSED FILL IS NECESSARY FOR COMPLETION OF AN ASSISTED UVNIG
FACILIT7 AS SHOW ON THE S11E PLAN
5 PROPOSED 1/ROArA MEASURES
PRE?RVATION OF 3 ACRES (1_R 1) OF SECTION 404 IETLA IDS ON THE SUBJECT PROPERTY.
PRESERVATION AREA WOULD i NEC=0 N A COINERVATM EASEIAIT.
VVILANDS SURVEY 3. OPOM 0 IW PLOM PI yEED BY Y I SlEAPDA LL?PROF? AND INC;
6. PROPOSED SITE PLAN PROYM D BY BISSELL PROFESS10NAL CROUP
TOTAL MA>eO M PROPOSED WER1AOUS COVERAGE- 986,215 SO. FT. (27.8)
7. WETLMM DELNEATION PERFORM BY QIIBLE t ASSOOIAIM P.C
(IN pm)
1 inch - 900 &
N
W E
S
COMBINATION NATIONWIDE X39 AND NATIONWIDE #18 917E PLAN
SUNSET BAY, LLC
KILL OEML FILLS DARE CO. NOttA1. G1AaJ
TONE 1'300' F rat Nn PT)1077 Mt ZMAN
Quzb>R and Atea, P.C.
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0tqiii? Y
--a- i . -a-y, _---
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Colleen H. Sullins, Deputy Director
Division of Water Quality
March 10, 2004
DWQ # 04-0168
Dare County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Eddie Goodrich
Post Office Box 3629
Kill Devil Hills, NC 27948
Subject Property: Sunset Bay, LLC Property
Dear Mr. Goodrich:
On February 6, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill wetlands or waters for the purpose of constructing assisted living facility in
Dare County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the
following information and refer to the DWQ # listed above in your reply. Please show these on maps of
suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with
15A NCAC 2H.0500.
Site Plan Details:
1. Please show all wetland impacts including fill slopes on the site plan for isolated wetlands along
the southern edge of property by VA Power Company out parcel and small isolated wetland on
western edge by 404 jurisdictional wetlands.
2. Please locate all isolated or non-isolated wetlands, streams and other waters of the State as
overlays on the site plan and provide acreages for these areas.
3. Please provide details for the stormwater management practices as required by GC 3402 because
impervious cover is very concentrated even though total site impervious cover is less than 30%.
4. Please indicate all stormwater outfalls on the site plan.
5. This Office believes that the structures on the eastern side of the site can be moved or reconfigured
to avoid the impacts to the isolated wetlands. Please revise the plans to avoid the impacts.
Mitigation:
6. Please be aware that 1 acre of compensatory wetland mitigation will be required in the future for
this project if total wetland impact equals or exceeds one acre. Therefore the Nationwide Permit
39 and Nationwide Permit 18 application along with this isolated wetland fill may trigger
mitigation. If mitigation is needed, then there will need to be at least 1:1 restoration or creation as
well as your proposed preservation. .

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Clarification:
7. Please provide clarification of why an assisted living facility cannot be located in flight path of
Wright Brothers Air strip and please provide map of flight plans showing why this alternative is
not viable.
Please telephone Ed Schwartzman at 919-715-3477 if you have any questions or would require copies of
our rules or procedural materials. This project will remain on hold as incomplete in accordance with
15A NCAC 2H .0505(c). The processing time for this application will begin when this information is
received. If we do not hear from you by writing or by fax at [phone] within three (3) weeks we
will assume you no longer want to pursue the project and will consider it withdrawn.
Sincerely,
JRD/bs
K-K
Fi R. Dorney
Water Quality C ification Program
cc: Washington DWQ Regional Office
Washington Corps of Engineers
Central Files
File Copy
Brian Rubino, Quible & Associates, P 0 Drawer 870, Kitty Hawk, NC 27949
SINCE 1959
Quible & Associates, P.C.
ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING
TRANSMITTAL
]Project: Sunset Bay, LLC
To: Mike Horan
Date: 2/23/04
Project Nos 01077
We transmit: ? herewith ? per your request ? under separate cover
Via: ? overnight ? hand delivery ve'US Mail
For your: ? use ? review & comment information
approval ? records rJ distribution
The following: ? drawings ? correspondence ? shop drawings/samples
? specifications ? data ? contractual data
#
Coning Date Description
7 2/23/04 letter referencing revisions to 401 certification
7 2/10/04 letter from John Dorney requesting additional information
7 2/23/04 revised page 12 of pre-construction application (see section XI)
7 2/23/04 revised site plan indicating impervious area and stormwater outfalls
Mike
Please insert the enclosed information into the 401 Water Quality Application packages that were sent out on
February 2, 2004. You can discard the site plan and page 12 of the pre-construction application from the original
submission. Please call me at [phone] if any other information is necessary.
Sincerely, ?FTLANp,. /401(3rFoE1P
Brian Rubino
FF? ? 6 2004
8 Juniper Trail - P.O.Drawer870,Kitty Hawk, NC27949 [phone] FAX [phone] E-Mail
[e-mail]
Quible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
February 23, 2004
Mike Horan
NCDENR, DWQ
401 Wetlands Unit

1650 Mail Service Center FR 1(104
Raleigh, NC 27699-1650
RE: Revised 401 Water Quality Certification Package??lF?ti`'i1?1?.li
Sunset Bay, LLC Property, Kill Devil Hills, Dare County. NC
Mr. Horan:
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax: [phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlaut P.E.
Katherine C. Marchello, P.L.S.
David S. Neff
The enclosed revised 401 water quality certification information has been amended from the
February 2, 2004 submission in response to the February 10, 2004 letter from John Dorney (also
enclosed). The maximum impervious coverage at build-out for this project is 27.8%. This is now
indicated on the site plan. The proposed stormwater outfalls are also shown on the site plan. The
stormwater outfall areas will be landscaped ponds that would receive stormwater runoff from drainage
ditches and culverts, A necessary component to this project is State Stormwater Management planning.
A State Stormwater Management Plan will be designed and submitted by a licensed engineer. The
alternatives to the site plan as shown involves disturbance to larger areas of wetlands or construction of
buildings within an airport flight path which is not allowed for an assisted living facility. In order to
avoid construction of buildings in the flight path of the nearby Wright Borthers National Memorial air
Z su ,, .r., , .., c,.dc::c) Ureserve the coastal mars.. anG Section 404 wetlands on ; :; oii :gc3.. C.c,'::)-
side of the property, the site plan was created as shown.
Enclosed are seven copies of the amended application and site plan required for water quality
certification. This request for water quality certification is for the 0.70 acres of isolated wetlands fill
only and does not require Nationwide permitting due to the isolated classification.
There will be a combination Nationwide 39 and Nationwide 18 Application for the backfill of
approximately 0.3 acres of Section 404 wetland. This application, to follow at a later date, will similarly
require 401 Water Quality Certification. The Nationwide Permit Application will include required
mitigation, most likely to be proposed in the form of a 10:1 preservation under a conservation easement.
Thanks for your attention to this matter. Please call Brian Rubino at Quible & Associates, P.C. if you
have any questions.
Sincerely,
Quible & Associates, P.C.
Brian Rubino
CC: William Wescott, USAGE
Eddie Goodrich
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 existing impervious coverage on the subject property is approximately 33,700 sq. ft. This
includes an existing wastewater treatment facility in the northeast portion of the property. The
total maximum impervious coverage at build-out is 966,215 sq. ft. (27.8 %). A State Stormwater
Management Plan will be submitted to DWQ by a licensed engineer. Stormwater Control
methods will include drainage ditches and culverts that lead to stormwater ponds as shown on
the revised site plan 2/23/04).
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

2 -3( 6 -f
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
vvi,iiaiu U. 1cu85 if., aecrerary
Q P North Carolina Department of Environment and Natural Resources
r
-i Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 10, 2004
DWQ # 04-0168
Dare County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Eddie Goodrich
Post Office Box 3629
Kill Devil Hills, NC 27948
Subject Property: Sunset Bay, LLC Property
Dear Mr. Goodrich :
On February 6, 2004 the Division of Water Quality (DWQ) was notified by receipt of your application regarding
your plan to fill wetlands or waters for the purpose of constructing assisted living facility in Dare County.
Approval from DWQ is required to disturb these areas. Please provide 7 copies of the following information and
refer to the DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100
feet) so we can begin to determine your projects' compliance with 15A NCAC 211.0500.
1. Please specify the percent of project imperviousness area based,,on the estimated built-out conditions.
2. Please indicate all stormwater outfalls on the site plan.
3. Please complete Section XI on the application.
4. Please indicate lack of practical alternatives as per 15 NCAC 02H.1305 (d)(1).
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H.0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by . ux at [phone] within throe (3) wc,,.cs we grill assume you no 1,.?-?gcr want to pursue the
project and will consider it withdrawn.
Sincerely,
/J R. Domey
40 Water Quality Certif cation Program
JRD/bs
cc: Washington DWQ Regional Office
Washington Corps of Engineers
Central Files
File Copy
Brian Rubino, Quible & Associates, P O Drawer 870, Kitty Hawk, NC 27949
A
?, ,
PA
'4CDEf R
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/newetlands)
Customer Service* 1-877-623-6748
DWQ# 0
Plan Detail Incomplete
Date arCk Who Reviewed:
? Please provide a location map for the project.
Fs
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan. ff
Please show all wetland impacts including fill slopes on the site plan. 'C f- ?jQ `a? tnl e+ 1 ?1 CJ 5 Q 1 0 0,?
Y-? LA 4V1,2j- n i-V o- F+ (b VA 7, )Q V- CQ
Please indicate all buffer ? impacts on the site plan. s 0.r?i
'?'r??ll ^inle }lav,c? an ?J ??? e,-A9a 6? 40
? Please indicate proposed lot layout as overlays on the site plan. j uo ? 6d'C} i X0,1 wP t low?3.5 .
? Please indicate the location of the protected buffers as overlays on the site plan.
N( Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan r-C, V i J e..
? Please provide cross section details showing the provisions for aquatic life passage. T,q co? reQS
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
Please provide detail for the stormwater management practices as required by GC a 1J?GQ I t 5e- ; ?? E/ ?i `?Cl ' Go l/P-(
, AcAnce-n > !afe? c?i?°? ?) tha?c9h ?Ohal 51e_ ;i?OG/t/iau5 CovEr <
? Please specify the percent of project imperviousness area based on the estimatedKuilt-out conditions. ( %
0
E Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? 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. '1J ? Q? -0)(e i SU 1 c.e_ V cJ
0V\ 4'\Q- omits}e`?? S S n wa-Vt"c A
This Office believes that the 1 can be moved or re onfigured to avoid the impacts to the
Please revise the plans to avoid the iT acts , - ,
? This Office believes that the can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
of compensatoryW?'?4h mitigation is required for this project. Please provide a compensatory mitigation plan. The
__L?G`
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.

X ??ea?? ???i?? cla`? ;??-?or? Q? ??y ?1? ass?5?? 1??;?? ?c?c`?I??-1'
P;qV4 `os t rs?(?fh%A10 ,mad) J? plar,SSWr?YiVLQ WV)v tl??Sal+A`vh?}?vp jc?noE
Complete Items 1, 2, and 3.•Also complete
Item 4 If Restricted Delivery Is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front If space permits.
Article Addressed to:
U?lSe } I?j r.?t/
Eddie Goodrich
Post Office Box 3629
Kill Devil Hills, NC 27948
DWQ# 04-0168 - Dare
I I v SINS l??r-» ?? ? Agent
B. Recel*d by ( oted Name)
D. Is delivery addrAs different from Item 1?' ? Yes
If YES, enter delivery address below: ? No
3. Service lype
IK;Certmed Mail ? Express mail y
13 Registered 0Retum Receipt for Merchandkm
? Insured Mail ? O.O.D.
4. Restricted Delivery? (Extra Fee) O "lee
Article Number
7002 2410 0003 0275 3974
(1Yensfer f from rom service label)
'S Form 3811, August 2001 Domestic Return Receipt 1025963-02-11VI-1154
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees
uSPS
Permit No. 0-10
• Sender. Please print your name, address, and ZIP+4 in this box •
t
NC DLNR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604

. DWQ# 41- kD Date e., ? ~0q
plan Detail Incomplete
Who Reviewed: n1J
Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site.plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater. management practices as required by GC
Please specify the percent of project imperviousness area based on the estimated built-out conditions.
Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? 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.
? 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
? 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
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove'nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
Please complete Section(s) on the application. 4A 1
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 211,0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
?(PaSe ?di??4? l Cock oV eraCAICal al ?0c`v?Q?`i
l 6 NC?c 4 4., 1 -? nC? AY i'-)'l
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`II ISOLATED WETLANDS
i. (NO PROPOSED FILL)
F I 25,949 SF
LEGEND r`
WRIGHT BROTHERS
NAT'L MEMORIAL ATLANTIC Q iL ~L
r~ °xOCEAN 'Ile P , WETLANDS
Fb ,
rat<. WETLy
I!
, ~~~7 ~ SITE LL- A-5
401 ATER QUALITY CERTIFICAPROPOSED ISOLATED WETLANDS AND 404 A-.4 ' H BEEN APPLIED FOR ',ERTIFICATION
D FOR
PROP ,NDS
vtirr„ WETL, FILL 143,015 SF; 0.99 AC) 401 W*TE'R Ot~AlITY CL I AT10 I LATED WETLANDS WETLANDS \ i 'HAS aEEN Aw'k D FOR 533 SF
1 ~ ) \ 1SOLA ED y1 TLANDS., :Y
8 59 SF
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PR CONSERVATION EASEMENT % PROPOSED 4 .
r MITIG
MITIGATION AREA, (3,0 AC) y 1
10:1 PRESERVATION` j
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SECTION 404 WETLAND AREA SECTION 404 WETLAND AREA
PROPOSED FILL OF 1,019 SF OF VyETLANDS, PROPOSED FILL OF 11,$56 SF OF WE LANDS 0
USING A NATIONWIDE #18 PERavil p ^ o USING A NATIONWIDE #39 PERMI
NF ZON X (THIS AREA IS WITHIN THE X FLOOD ONE-
r NFIP ZQ AE(g) ABOVE 100 YR FLOOD ELEVATION
e
i
o 2
o
1 ~
j- Q i yW.
SECTION 404 WETLAND AREA
Ae,
39657 SF (NG'PROPOSED FILL)
~Y
i i x a I
4
P~ Q
ally
N1
- Ea
ali, ' Ili, `~OeO J
Li
111, JURSIDI IONAL~ ?
WETL NDS t
i all, alb, 998, 96 SF
W E
1 I,
1 ~ GRAPHIC SCALE
,I1 NOTES: a
all, ll,
all, 111 all 1. OWNER: SUNSET BAY, LLC AY, LLC C~ 6c" i
i _ EDDIE GOODRICH DDRICH v ' 40
P.O. BOX 3629 3629 ~ a~ ~ ~ I inch - 100 a
_ HILLS, NC 27948
all , ^+f , - ~f KILL DEVIL HILLS, AREA: N79.6 ACRES
2. TOTAL PROPERTY AREA:
TOTAL WETLANDS PROPER PROPERTY: 24.5 ACRES
DS FILL APPLIED FOR:
3. ISOLATED WETAANDS FILL ) ACRES (30,140 SF) OF I OLATED WETLANDS
14j~ BACKFILL OF 0.70 ACRES
AS DETERMINED BY US AF ;Y US ARMY CORPS OF EN INEERS (USACE)
TY CERTIFICATION APPLIED.FOR ONONATIONWIDE OREVISED APPLICATION: I
ali, all, 401 WATER QUALITY CERT i = = all,
111, 4. PROPOSED WORK ASSOCIF ASSOCIATED WITH NATION4IDE 39 AND SECTION 404 WETLANDS
A. NATIONWIDE 39: BACKI 3: BACKFIL ~ ~OF Y11,856 SF ~OF R FLOOD ELEVATION
kBOVE THE
IN AN AREA ABOVE TF
all B. NATIONWIDE 18: BACKf 3: BACKFILL OF 1,019 SF dF SECTION 404 WETLANDS
3ELOW THE 100 YR FLOOD ELEVATION
Ili IN AN AREA BELOW TI-
C. TOTAL PROPOSED WET SED WETLANDS FILL ASSOCIATED WITH 404 FILL: 12,875 SF (0.30 ACRES)
TILL IS NECESSARY FOR COMPLETION ON OF ASSISTED LIVING
r THE PROPOSED FILL IS N
FACILITY AND ASSOCIATEI ~SOCIATED TOWNHOMES AS SHOW _L SITE PLAN
) WETLANDS FILL (ISOLATED AND 404): 43,015 SF (0.99 AC) PROPOSED WETLANDS FILL SITE PL
_ - ' 5. TOTAL PROPOSED WETLAI ATIVE MEASURES: +
i i 6. PROPOSED MITIGATIVE ME LLC
PRESERVATION OF 3 ACF ~F 3 ACRES (10:1) OF SECTION 404 WETLANDS ON THE SUBJECT PROPERTY. SUNSET BAY, LLC
OOL'N PRESERVATION AREA WOl ,REA WOULD BE RECORDED IN A CONSERVATION EASEMENT.
NORTH CAROLINA
EY INFORMATION PROVIDED BY SEABOARD SURVEYING AND PLANNING, INC; AS REQ., DARE Co. KILL DEVIL HILLS on_ 3/12/04
CTON cR 7. WETLANDS SURVEY PROPOSED DEVELOPMENOI LOPMENT PLANS PROVIDED B PROFESSIONAL GRO OP AL GROUP ScAE ~~-300' F E RQ. Po~on
EEK PLAN PROVIDED BY 966,215 SQ. FT. PROPOSED IMPERVIOUS COVERAGE: E& ASSOCIATES P C (27.8%) Q2iible and Assoctiates,
8. PROPOSED SITE PLAN Pf >ciates, P. C.
i - TOTAL MAXIMUM PROPOE IONMENTAL SCIENCES
9. WETLANDS DELINEATION JEATION PERFORMED BY QUIBL ENGINEERS, PLANNERS, ENVIRONMENTAL MIIK, N.C. 27949 -
P.O. DRAWER 870, d7TTY HAWK, N.C. u o
i cs 71
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