20040582 Ver 1_COMPLETE FILE_20040414

AVA
NCDENR

North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary

August 18, 2004

Ms. Roxanne D. Dorman
Atlantic Environmental Consultants, LLC
P.O. Box 3266
Kitty Hawk, NC 27949

Re: DWQ 10 040582, Nationwide Permit Application,
Walter H. Pincus, for an activity in Dare County

Dear Roxanne:

The North Carolina Division of Coastal Management has reviewed your application, dated 04/12/04, for a U.S. Army
Corps of Engineers Nationwide Permit, pursuant to Section 307 of the Coastal Zone Management Act of 1972, as
amended. Based upon our review, we have determined that the proposed activity is consistent with the North
Carolina Coastal Management Program subject to the following conditions:

1. The activity described in your application is for the issuance of a U.S. Army Corps of Engineers Nationwide
Permit, Number 18, under 33 CFR Part 330. Any modification of your proposed activity, or change in the
Nationwide Permit Number that you are seeking, will require an additional review for consistency by this
office.

2. Since the activity that you propose involves impacts to waters and/or wetlands, a 401 Water Quality
Certification must be obtained from the North Carolina Division of Water Quality, which our records indicate
you have already received.

Please understand that this letter does not relieve you of the responsibility to ensure that all other applicable State
authorizations and/or permit requirements are met prior to implementation of the project. Please feel free to contact
me at [phone] if you have any questions or need further assistance.

Sincerely,

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District Manager

WETLAAI
l'iDS / 401 GROUP

AUG 2 3 2004
WATER
- QUALITy
SECTION

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cc: Ted Tyndall, Assistant Director, Division of Coastal Management, Morehead City
Stephen Rynas, Federal Consistency Coordinator, Division of Coastal Management, Raleigh
Wilmington District Engineers; U.S. Army Corp of Engineers; ATTN: CESAW-CO-E
-John Dorney, Water Quality Section, Division of Water Quality, Raleigh
Walter H. Pincus, c/o Gary Cosgrove, Kitty Hawk

1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net

An Equal Opportunity \ Affirmative Action Employer - 30% Recycled by Fiber Weight

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E., Director
Division of Water Quality
Co1een H. Sullins, Deputy Director
Division of Water Quality

April 20, 2004
Dare County
DWQ Project #: 04-0582

APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE

Walter H. Pincus
c/o Gary Cosgrove
Post Office Box 943
Kitty Hawk, NC 27949

Subject Property: Lot# 27 A, Station Bay Cove

Dear Mr. Cosgrove:

You have our approval, in accordance with the attached conditions, to impact 0.01 acres of wetlands for
the purpose of residential construction as you described in your application dated April 12, 2004. After
reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3402, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands.This certification allows you to use Nationwide Permit Number
18 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stonnwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA 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 except as
modified below. 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 wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.

Conditions of Certification:

Certification of Completion

1. 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.

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

Page 2
Mr. Cosgrove
April 20, 2004

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.

If you do not accept any of the conditions of this certification, 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 919-733-1786 or Tom Steffens at our
Washington Regional Office at 252-946-6481.

Sincerely,

JRDlbs

irector

Attachments

cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File copy
Central Files
Roxanne Dorman, Atlantic Environmental Consultants, Post Office Box 3266, Kitty Hawk, NC 27949

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I USACE Action ID No.

DWQ No.

401 ~SSUED
04 0582

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:
C8J Section 404 Permit
o Section 10 Permit
[8J 401 Water Quality Certification
o Riparian or Watershed Buffer Rules

WETLANDS /401 GROUP
APR 1 4 2004
WATER Ql!ALITY SECTION

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

Nationwide 18

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

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

II. Applicant Information

1. Owner/Applicant Information
Name: Walter H. Pincus c/o
Mailing Address: c/o Gary Cosgrove
P.O. Box 943
Kitty Hawk, NC 27949

Telephone Number: see agent info.
E-mail Address: see agent info.

Fax Number: see agent info.

2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: Roxanne D. Dorman
Company Affiliation: Atlantic Environmental Consultants, LLC
Mailing Address: P.O. Box 3266
Kitty Hawk, NC 27949

Telephone Number: 252-261-7707
E-mail Address:[e-mail]

Fax Number: 252-261-2965

Page 1 of8

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 defmed. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than II 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 fmal 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: Pincus AEC#04-017

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

3. Property Identification Number (Tax PIN): 21995113243384

4. Location
County: Dare County Nearest Town: Sanderling (Duck)
Subdivision name (include phase/lot number): Lot 27 A. Station Bay Cove
Directions to site (include road numbers, landmarks, etc.): Heading east on Hwy 158 towards
beaches. take left at 5th stop light from Wrights Memorial Bridge. headed north towards Duck/Corolla.
Sanderling is north of Army Corp Duck Research Pier. Lot 27 A is on the Currituck Sound lust north of Quail
Way and south of Station Bav Drive. Lot is currently developed with a 2-storv single family residential home.

5. Site coordinates, if available (UTM or Lat/Long): 75046'04"W 36012'57''N
(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 is currently developed with a 2-story single-family residential home. Retaining wall is
currently in place. 75 s.f. of Section 404 wetland fill behind the retaining wall is an "after the
fact" area of wetland fill. Proposed Section 404 pocket of wetland fill for the driveway has
not been filled at this time. Once approved the driveway area will be filled and constructed
with concrete.

7. Property size (acres): 0.72 acres

8. Nearest body of water (stream/river/sound/oceanllake): Currituck Sound

Page 2 of8

9. River Basin: Pasquotank River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.em.state.nc.us/admin/maps/.)

10. Describe the purpose of the proposed work: To prepare the site for residential construction

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

Dump truck and frontend

12. Describe the land use in the vicinity of this project: Residential; residential homes currently
exist surrounding this soundfront parcel

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 ofthe same T.I.P. project, along with construction schedules.
Section "404" wetlands were delineated by Quible & Assoc. in 1996. On 3/19/04 AEC
confirmed the approximate location of the existing wetlands to be concurrent with the attached
plat. An on-site meeting with the Division of Coastal Management field representative (4-1-04)
confirmed coastal wetlands would not be impacted by the proposed activity and proposed fill is
outside the 75 foot AEC. The site plan/fill plat attached to this application was taken from the
base plat (wetland plat) produced by William Jones 9/18/01.

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated for this project

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

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be

Page 3 of8

included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland * * *
(indicate on map) (acres) (yes/no) (linear feet)
1 wetland fill 0.01 ac Yes 75+ feet Scrub wetland

*

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
lOO-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: approx. 0.26 acres
Total area of wetland impact proposed: 0.01 acre

2. Stream Impacts, including all intermittent and perennial streams

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

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 strearn 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.mapquest.com. etc.).

*

Page 4 of 8

Cmnulative impacts (linear distance in feet) to all streams on site: no stream impacts

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

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

*

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): D uplands D stream [8J wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A

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

Size of watershed draining to pond: Nt A

Expected pond surface area: Nt A

vn. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed impact was limited to a total of 0.01 acre. Fill is necessary to construct a
retaining wall to elevated existing grade for residential construction and minimize flooding. Fill
in wetlands is also necessary to construct the cement driveway to accommodate adequate parking
for residential home. The existing retaining wall will prevent intrusion of fill material into
wetland areas not permitted for fill.

Page 5 of8

VIII. Mitigation

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

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

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

I. 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 off site), 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.
Mitigation proposed for this project will be on site preservation at a ratio of 10:1 (3.900 S.L). The
conservation easement will be recorded by the landowners title attomev as preservation. A completed PCN
application package will be submitted to Eco-system Enhancement Program (NCEEP) for their approval to
monitor the conservation easement.

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

Page 6 of8

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):

N/A
N/A
N/A

N/A

N/A

IX. Environmental Documentation (DWQ Only)

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

Yes D

No [2J

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No [2J

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No [2J

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

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

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/ A )?
Yes 0 No [;g] 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 N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A

*

Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.

Page 7 of8

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.
No buffer mitigation required for this project. since disturbance/fill is not within the buffer.

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 areas include: House footprint = 2.888 s.f.. Proposed concrete
driveway = 4,068 s.f. A total of 6.956 s.f. (22 %) of impervious surface is proposed for this
site.

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.
An on-site septic system (Peat Biofilter system) is proposed for this site (see attached plat).

XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No [g]

Is this an after-the-fact permit application?
Yes [g] No 0 75s.f. of wetland fill is an after-the-fact area offill by mistake during
construction of the retaining wall. The remaining wetlands proposed for fill for
driveway are still existing non-riparian wetlands.

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
lbreatened Species, accessibility problems, or other issues outside of the applicant's control).
No constraints associated with this project at this time.

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~A~ent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 8 of8

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TOTAL AREA 31,553 SF
WETLANDS 11,156 SF
UPLANDS 20,397 SF

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SURVEY INFORMATION TAKEN FROM
PLAT BY W1LUAM JONES, JR, R.L.S.
DATED 9/18/01

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THIS PLAT IS TO BE USED FOR
ENVIRONMENTAL PERMITTING ONLY.

PROPOSED FILL AREA (390 SF>

~ PROPOSED MITIGATION AREA (3/900 SF)

NATIONWIDE # 18
WALTER H. PINCUS & ANNE T. PINCUS
LOT 27A, STATION BAY COVE
SANDERUNG - DARE COUNTY - NORTH CAROUNA
20' 0' 40' 80' 120'
I I I I I ATLANnC ENJIlI?ONVENTAL CONSULTANTS, LLC
GRAPHIC SCALE ,"= 40' p.a BOX J26~ KITTY HAWk; Me. 27919
(252)261-770~ e-moi/ roxQol111on(1ool.com

FILE: 04-017

DATE: 4/9/04

REVISED: