19970017 Ver 1_COMPLETE FILE_19970109

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
NEDO, Inc.
P.O. Box 519
Hatteras, NC 27943
Dear Sirs:
& LTI.8;qAI
IT
ED EHNR
March 7, 1997
Dare County
WQC 401 Project #970017
You have our approval; in accordance with the attached conditions, to place fill material in 0.1 acres of
wetlands or waters for the purpose of constructing a commercial development at your lot on Hwy 12, as you
described in your application dated 3 January 1997. After reviewing your application, we have decided that
this fill is covered by General Water Quality Certification Number 3106. This Certification allows you to
use Nationwide Permit Number 18 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described. in your application. Mr. Billy
Moore of DWQ's Washington Regional Office shall be contacted for stormwater requirements. If you change
your project, you must notify us and you may be required to send us a new application. 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). For this approval to be valid, you must follow the conditions listed
in the attached certification. In addition, you should get any other federal, state or local permits before you go
ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 Domey at 919-733-1786.
Sincerely,
n Howard, r. E.
?,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
John Forney
Central Files
George Wood; Environmental Professionals
970017.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
s - a.
EMONMIlVTAL PROFFSSION0, INC.
Planning for a better environment
[phone]
January 3, 1997
U. S. Army Corps of Engineers
Attn.: Mr. Raleigh Bland
PO Box 1000
Washington, NC 27889-1000
Dear Mr. Bland, --
This letter is with reference to the Nationwide Permit # 18 that Environmental
Professionals, Inc. has made on behalf of Nedo, Inc. The history of this project has
resulted in numerous environmental consultants' input on this site. I would like to take
this opportunity to explain my understanding of the chronology of the events.
The US Army Corps of Engineers, represented by you, met with Gary Mitchell of Poteat
& Associates on June 3, 1993 to approve the isolated wetland determination at the site.
The wetlands were then delineated by Poteat & Associates on or about June 16, 1993.
This was followed by a July 8, 1993 approval of the survey map and receipt of the
wetland upland determination forms. On July 21, 1993 the Corps of Engineers received
a corrected snap showing all the uplands and wetlands on the property and an
explanation of the 1/3 request to fill under Nationwide Permit # 26. Subsequent to those
requests the owners have filled the 1/3 acre of isolated wetlands. I was retained to help
them with providing a site development plan for their property in December, 1996.
My review of the project site suggested that in order to make it a truly functioning
commercial site it was necessary to fill additional wetlands to obtain reasonable access to
the waterfront. I determined that although we had filled 1/3 of an acre under Nationwide
Pen-nit # 26, we would be eligible to fill an additional 1/10 of an acre under Nationwide
Permit # 18. It is my understanding that the Dare County Land Use Plan would allow for
this fill to be placed in the wetlands because it is associated with a wetland body which is
less than an acre in size.
We propose to fill the additional wetlands under Nationwide Permit # 18, resulting in a
residual of approximately 250 sq. ft. of wetlands in the isolated pocket which will not be
impacted and will fall within the side setbacks of the property. This will allow for
commercial construction at the waterfront. We have minimized the impacts to wetlands
associated with the project by avoiding impacts to wetlands which are subject to regular
or irregular flooding.
P.O. BOX 3368 • KILL DEVIL HILLS, NORTH CAROLINA 27948-3368
U. S Army Corps g1'Engineers
Mr. Raleigh Bland
2 Environmental Professionals, Inc.
January 3, 1997
I hope that this quick synopsis of the project history will allow you to research your files
in order to obtain any additional information that you may need to process the
Nationwide Permit. We look forward to your expeditious response of our request so that
we may begin site preparation for spring construction.
Sincerely,
J u/ ?
George H. Wood, CEP
cc: Nedo, Inc.
PO Box 519
Hatteras, NC 27943
DEM ID: ACTION:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT#): NWP 18
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
PO BOX 1890 _
WILMINGTON, NC 28401-1890
ATTN.: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
PO BOX 29535
RALEIGH, NC 27626-0535
ATTN.: MR JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. OWNERS NAME: NEDO. Inc.
2. OWNERS ADDRESS:
PO Box 519
Hatteras, NC 27943
3. OWNERS PHONE NUMBER (HOME): (WORK): (919 986-2545
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: Environmental Professionals Inc
PO Box 3368
Kill Devil Hills. NC 27948
[phone]
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Dare
NEAREST TOWN OR CITY: Hatteras
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): North side of Hw. 12 in
Hatteras. NC
6. NAME OF CLOSEST STREAM/RIVER: Pamlico Sound
7. RIVER BASIN: N/A
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS
IV YES ® NO ?
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES ® NO ?
IF YES, EXPLAIN. NWP26 issued in June 93. Raleigh Bland,COE
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS,
LOCATED ON PROJECT SITE: ,62 Acres
1/14/93
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:.10
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: .10
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): filling 404 wetlands
13. PURPOSE OF PROPOSED WORK: To prepare the site for commercial development and to provide adequate
setbacks from the sewage disposal aystcm.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. Only wetlands that
am landward of the high-ground berm will be impacted to prepare the site for commercial development. All wedo that
,- d2
are subject to remilar or uregular.floodma will not be impacted.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE
YOU DONE SO? YES ® NO ?
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE
AFFECTED BY THE PROPOSED PROJECT.
HAVE YOU DONE SO? YES ® NO ?
RESPONSE FORM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON THE
PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROPERTY.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? residential/commercial
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? on-site septic Iow
pressure system.
'S SIGNATWkE DA
AL
.dL
WETLANDS

SILT
FENCE
r
UPLANDS
A
4356 SQ. FT. WETLAND
AREA TO BE FILLED
SILT
FENCE
UPLANDS
AREA TO BE
FILLED OR UNDISTURBED AREA
DISTURBED \
FABRIC BURIED BELOW
EXISTING GRADE
SILT FENCE
DETAIL
\ ti
N TS
NATIONWIDE PERMIT APPLICATION SCALE 1" ° 60'
NED.O INC. DATE: 1/2/97
JOB NUMBER: 96-285
1.64 ACRE PARCEL DRAWN BY. JJ
HATTERAS DARE COUNTY - - NORTH CAROLINA REVIEWED: GW
ENVIRONMENTAL
PROFESSIONALS INC.
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3368
KILL DEVIL HILLS, N.C. 27948
PHONE [phone]
FAX [phone]
CROSS SECTION A-A'
NTS -
I - I m
1i
Y
L 6S

k?,??1r°+ DATA FORM Environmental Professionals.Inc.
,!! ROUTINE WETLAND DETERMINATION P.O. Box 3368
0 987 COE Wetlands Delineation Manual)
Kill Devil Hills, N.C.--27948
Project/Site: /, 4' f' ac,,-e- aqn-c_d Date: / 6
Applicant/Owner: /LJ yv <.? ?• County: a,r e.
Investigator: Jn State: Al I df
Do Normal Circumstances exist on the site? i6?) No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes ® Transect ID:
Is the area a potential Problem Areal Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species
1. 0 ? Stratum Indicator Dominant Plant Species Stratum Indicator
9.
2. 14ieZ-i `cam C' 10.

4. _ 1444, c e=.1??!?h r LL. 12.
5. 13.
8. 14.
7. 15.
8. 16.

Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC•). _

$
--
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
-Stream, Lake, or Tide Gauge
_ Aerial Photographs
_ Other
_-No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
-saturated in Upper 12 Inches
-Water Marks
_ Drift Lines
_ Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: On.) _ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: (in.) _
_ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: r' fin.) _ Other (Explain in Remarks)
Remarks: d w (o

DATA FORM Environmental Professionals Inc.
ROUTINE WETLAND DETERMINATION P.O. Box 3368
0 987 COE Wetlands Delineation Manual) Kill Devil Hills, N.C.--27948
Project/Site: 1,6 y acs. e, , Date: a z C,
Applicant/Owner: _ /Vc- Dv _T';,,--, County:
Investigator: J« J,J-1 V1 e-,., State: y , C.
Do Normal Circumstances exist on the site? ® Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species
1. Stratum Indicator Dominant Plant Species Stratum Indicator
2. tEZCcGlttvrS ha!' vi^??C%ra i?3c'? ?,ct. 3' ° 10.
3.
4.?yGt SOT/ Q yr,? SP?i<t YV Yw yJ) , /? ` 12.
S.Jv? c$JS1? ttti2trtic?? C 13.
6. 14.
7. 15.
8. 16.

Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).

S??a
>
nn
Remarks: WA-- lcc,s
iJ e S e ?cc i c? ; P'
HYDROLOGY
_ Recorded Data (Describe in Remarks):
-Stream, Lake, or Tide Gauge
_ Aerial Photographs
_ Other
'N'. Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
Inundated
maturated in Upper 12 Inches
-Water Marks
_ Drift Lines
Sediment Deposits
Feld Observations: !Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: - (in.) L-09idized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: (in.) --Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: (in.) _
_ Other (Explain in Remarks)
Remarks:

PHONE CONVERSATION RECORD
TALKED WITH....? ..............DATE / TIME AM®
OF. YS G w . ...... .. .... PHONE NO. ?« 6'576,93-.R0
RE F? %/, N . ( D . a c rt . .S?o!f '/ . l s .i cde r_ it%L? . i ..............
Llf PLA&D_CALL ..PARTY CALLED .
MY .,.-fESSAGE ..REPLY ..................................
....................`...............:..................
PARTY'S ...MESSAGE •REPLY ...:S:?noL. ups .t?..o,.
........................................./.............
ACTION•OR•FOLLOW.UP•NECESSARYI6 ......................
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REFER.TO..........8..........FILE ....................
SIGNED.. ..........
PHONE CONVERSATION RECORD
TALKED WITH.AY,.............. DATE / /3/'?7 TIME PM
OF. ,1cs1.4,???s .. .. .. ..PHONE NO. q19 7?8S0g°
RE fi?X. i? a ;.cve:.. P ?....F .6.... .
. l,I'PLCED CALL ..PARTY CALLED
MY .:ESSAGE ..REPLY ..................................
......................................................
......................................................
PARTY'S ..MESSAGE VEPLY. o.K ..........................
......................................................
......................................................
ACTION OR FOLLOW UP NECESSARY.AJP ......................
......................................................
REFERTO.....9G:..............FILE ....................
•
SIGNED... ..........
PHONE CONVERSATION RECORD
TALKED WITH. ... .DATE //3/77TIME Q& PM
OF. s?'?' ?S-F-a?-i c, ?--Asa-r-,/,?ih.• o ?r :°" ... P ONE NQ rR 7?'3 S?7G 3
RE.A`r.iAl'r .. .D. O?c 1,i !......
. b,YPLACZD CALL ..PARTY CALLED
MY k.-l°rESSAGE ..REPLY ..................................
PARTY'S • ..MESSAGE • . IrREPLY . P.,? ?'.:`i': ......................................................
......................................................
ACTION OR FOLLOW UP NECESSARY.A2Q ......................
.... ...... ......... ..................
REFER TO...... .q?.' v?.?? ..... FILE
SIGNED..... ....