19970163 Ver 1_COMPLETE FILE_19970225

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
Mr. Donald Lang
P.O. Box 97
Frisco, NC 27936
Dear Mr. Lang:
LT.8?FAIT
A&4
?EHNR
March 17, 1997
Dare County
WQC 401 Project #97063
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 future development at NC 12 and Timber Trail at Indiantown Shores in
Frisco, as you described in your application dated 25 February 1997. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3112.
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 total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 211.0506 (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 including (but not limited to) Sediment and Erosion Control,
Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specked 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. 276 1 1-7447. 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 Dorney at 919-733-1786.
Sincerely,
estop Howard, Jr- y
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
970163.1tr
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
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DEHNR
.r 'Jofhi Daifiey .
Pl,aririing Branch
Fax:[phone]
Mar 12 '97 1052
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DIMTON OF NWGEH=
CAMA/C08QPERMIT
OiQ APPLICATION REV
7- /
f?altO:: RQ;I r SUPH ms6R:
REVI : SAi?Yffit DATE: /
P. 09/11
W$"TI,AI NFORHI?TION.: O$ • ENn?AL OFFICE TRACKING
PRRKT "12'.
COUNTY:"
PROD=.. NAHE: '
OBCP TAPS: PERMIT TYPE: /COE
::
RCD DATE EM CDR:
A?& SUE BASIN ag
Summ OR :ADJACENT' WATER BODY:
STREAM INDEX # : C)?
0P* p e ;os _
iQL Il PA T. TYPE:
WL RLQ[IFS _• • • : •WI, ACK EST:
HYD$ : CNELT?: WL SCARE:
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1UT- _1r <7fM1 .. SIZE s G SMEP ATTACM?
RECO0ffi+HkTION: SUS ISSUS/COND DRNY HOLD -
STOTATER PLAN REQ'D: IF YES, DATE APPROVED:
STAm. , m' .• l'J•Y CBRT. (401)
t R
'CERT_ 'RE .'D-
. ?SRAGE`' D-ISPO3AL I
TYPE 'OF DISPOSAL PROPOSED: (EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE FEHM7TTF,v BY:
(DEM.; DIES, COUNTY)
IF':::BY -M, IS SITE AVAILABLE AND PERMIT I53UANCE PROBABLE:
1kTEk1Mft1-A')M .FILL
••AR op.' FILL: WATER: WETLAND:
is: FILL ELIMINATING A SIGNIFICANT USE?
AREA, TU. BE DREDGED: ?'-
.IS; DREDFICIG. ACTIVITY EXPECTED TO CAUSE A SIGNYF'ICANT LOSS OF
1ZESOiJ8CE7
IS •SF61-L DISPOSAL ADEQUATELY ADDRESSED?
An • TIM• F'OLLO'WING ADEQUATEPY ADDRESSED?
SEWAGE DISPOSAL: MARINA S$RVYCES:
OXYCEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO;-Ce_Eral Piles; DOI Field Offices; COE Washimton Office
}
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
! qDn
1.
3.
4.
6.
7.
0WV
APPLICANT'S NAME: Indiantown Offices, Donald Lang 2
LOCATION OF PROJECT SITE:. The property is located on the comer of NC 12 afid :? im . ;!`T at
the entrance of Indiantown Shores in Frisco, Dare County.
Photo Index - 1995: 172-1763 R9 1989: 5 199 7 R15 1984:
State Plane Coordinates - X: 3017 000 Y: 566 100
9

INVESTIGATION TYPE: CAMA/Dredge & Fill
INVESTIGATIVE PROCEDURE: Dates of Site Visit - December 1996 and February 4, 1997
Was Applicant Present - Dec.-Yes Feb.- No
PROCESSING PROCEDURE: Application Received - January 22, 1997
Office - Elizabeth City
SITE DESCRIPTION:
(A) Local Land Use Plan - Dare County .
Land Classification From LUP - Conservation/Limited Transition
(B) AEC(s) Involved: Estuarine Shoreline and 404 wetland
(C) Water Dependent: N/A
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned -. Septic with a repair area
(F) Type of Structures: Existing - None
Planned - Commercial Office Building
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
a
HABITAT DESCRIPTION: [AREA]
(A) Vegetated 404 Wetlands
(B) Non-Vegetated Wetlands
Other
4,356 square feet
(D) Total Area Disturbed: 4,356 Square Feet (.10 acre)
(E) Primary Nursery Area: N/A '
(F) Water Classification: N/A Open: N/A
8. PROJECT SUMMARY: The applicant, Donald Lang, would like to fill 4,356 square feet of vegetated
404 wetlands adjacent to Peter's Ditch, near the entrance to Indiantown Shores.
i
Indiantown Offices
Bio Report
Page 2
SITE DESCRIPTION
Approximately 15,687 square feet of 404 (fresh water) wetland extends from NC 12 into the
center of the applicant's property. A five-foot strip of the wetland extends south to Peter's
Ditch and runs along the bank. The property is currently vacant and virtually undisturbed.
PROJECT DESCRIPTION
The applicant would like to fill 1/10 of an acre (4,356 square feet) of wetlands on the north
side facing Timber Trail, of which 720 square feet is located within the Estuarine Shoreline
Area of Environmental Concern (AEC). Approximately 322 cubic yards of material will be
placed in the wetlands. The fill will be sloped at 2:1 or greater and stabilized with vegetation.
A filter cloth barrier will be place along the bottom edge of the slope to prevent siltation in the
remaining wetland.
The applicant's property is situated on the corner of NC 12 and Timber Trail, at the entrance
of Indiantown Shores, Frisco, Dare County. The lot is more specifically situated on the north
side of NC 12, west of Timber Trail. To the south of the property is Peter's Ditch, and-to the
west is 1A of Indiantown Shores Subdivision. Vegetation on the property includes, but is not
limited to the following, Red-cedar (Juniperus virginiana), Loblolly Pine (Pinus taeda), Live
Oak (Quercus mrginiana), Wax. Myrtle (Myrica cerifera), Black Needle Rush. (Juncus
roemerianus), Saw-grass (Cladium jamaicence), Pennywort (Hydrocotyle umbellata), and a
variety of lawn grasses.
The permit request does not include any other activity at this time. Plans for the property will
include the construction of two story building that will house (2) apartments, offices and retail
space. Also on the property will be associated parking and a septic system. Currently there is
insufficient area on the property to maintain the minimum 100' separation from the proposed
septic system and repair area and the existing wetlands. The fill activity being proposed will
allow the installation of necessary septic lines to meet Health Department standards. The plans
will also include placing part of the building over the fill site. A separate Minor Permit
Application will be submitted later if this permit request is approved.
ANTICIPATED IMPACTS
1] The loss of 4,350 square feet of 404 (fresh water) wetlands.
2] Future development of the property will include residential, commercial and office
space.
No archeological sites, remnant species or geological formations are known to be associated
with this particular property. A recorded archeological site is located within Indiantown
Shores Subdivision along the sound and noted as being DR 24.
s
406
MIANTOWN OFFICES
BIO REPORT
PAGE 3

= CM-MP-1

APPLIC UAN 2 3 1941
ATION

(To be completed by all applicants)
b : "City, town'community'or, landmark

1. `APPLICANT
_ :. c Street address or secondaryroad number

d
L N4 -T/MRF/2 "TR?47L. a
owner.
an
a. -
d IS proposed work within city limtts`or plannin
._-?
-jurisdiction? = V ----Yes
Address /3 n it 9 7
- -- -- -
e. Name of body -of water nearest project (e.g.- river,
_

_ State A/
C
_ Clty -creek, sound, bay) r7, /2 s
a 7 rt 3 G
Zi Phone`- < I
Da
p y

Fax%/:?1 X17.4 .S~037 (/?,vsr C-41-c- Fl?tsr} 3. - DESCRIPTION AND PLANNED USE
-
OF. PROPOSED PROJECT
h
ized
A
or
Agent.
b.
ut
Name ,CJ
% S' . 4ry t.
V I 0
a. List all development activities you propose (e:g.
building a home, motel, marina, bulkhead, pier, and
o.

Address ti? .. ::
excavation and/or filling activities. _
k
_
7-A.1 L n? IGE APARrAiEALr -

?Z l s c o
Cit State C _.. t
y
Zip a7.5 ,3 L Day Phone 1"- S-0 3 7 b. Is the proposed activity maintenance of an existing
_ __ • : k both 6V?
NOTE:
Pen?* will be issued in name of landowner(s), card/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Df 2
project, new wor , or w wo eK
c. Will the project be for public, private or commercial
use? COMM62C_1AL
-
d. Give a brief description of purpose, use, methods of
construction and daily operations.. of -.proposed
project. If more space is needed, please attach
additional pages. Bu/ t.v .vc w/ t_t. R
_a Sir-OA- V WOr!D CO /./.tTAaGT/ny ON
FY f' 10/L/N4 .5- } 0.rF /.v/GL -/3,t
S-AAeE w /rA4 _-2 AAA R.r/?j Fn/rs
o?J S,Eco*/o C4, 00
Revised 03/95

Form DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER wo N
CHARACTERISTICS
1.S-
?d8
2 APRoX
?
3
`
n. Describe location and type of discharges to waters
a: ,_
?
0
,
Size of entire tract of the state: (For example, surface runoff, sanitary

b z G 2R
Size of *individual lot(sj wastewater, industrial/commercial effluent "wash
down" and residential discharges.) PRO posC?

C. `.
Approximate elevation of tract above MHW or
/
/ S'XPT) G S? STEM U. t=rice - WOF

POROUS GRAVEL PARKIIJ6 APfAS RE OPDJEO ..
O
AX' > RO
o. Describe existing drinking water supply source.
d. _ Soil type(s) and texture(s) of tract C P,,5_ : ?/,?-r-?AAS w,aTER `psrN • -

e. Vegetation on tract VAR-1a Al,j Til r ri
:... TD -(A/ ET LANG 1JZ-A VTS _

f.' Man-made features now on tract iPoAOS CA/ Q S113Ls 5. ADDITIONAL, INFORMATION - ---
/ti1 D?n.i/TO CONTROL ?Q/?G{1 Q1?/ ? SIDE i1N0 - .

g. What is the CAMA Land Use Plan land In addition to the completed application form, the
_ ""classification of the site? (Consult the local land use plan.)
following items must be submitted:
Conservatton Transitional • A copy of the deed (with state application only) or
Developed Community
other instrument under which the applicant claims title `
- Rural - -_ .1? Other to the affected properties. - If the applicant is not
h. How is the tract zoned by local government?

- claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
S which the owner claims title; plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? _ Y Yes -No.
(Attach zoning compliance cemficara, if applicable)
• An accurate, dated work plat (including plan view
_ and cross-sectional drawings) drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to
- done for the tract? Yes -Ir No Coastal Resources Commission Rule 7J.0203 for a
if yes, by whom? detailed description.)
k Is the project located in a National Registered Please note that original drawings are preferred and
. Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property9 prints or other larger plats are acceptable only if an
Yes No adequate number of quality copies are provided by
_ applicant. (Contact the U.S. Army Corps of ,
1. Are there wetlands on the site? )lr Yes No
DS Engineers regarding that agency's use of larger.
) A site or location map is a part of plat
drawings
- Coastal (marsh) Other -Vol WE N
has a delineation been conducted? ES
If yes .
requirements and it must be sufficiently detailed to
,
' guide agency personnel unfamiliar with the area to the
available)
(Attach domnenuuion, (
Revised 03/95

ss
. -

-997

rte. "include highway or ° secondary Goad (SR)
numbers, landmarks and the like. 6. -CERTIFICATION AND PERMISSION
,. TO ENTER ON LAND.
:.
if one is necessary.
• A Stormwater Certification . ,.
,
• A list of the names and complete addresses of the - I understand that any permit issued in response to this
waterfront (riparian ) ,landowners and
adjacent
application will allow only the development described in
_
that such owners
signed return receipts as proof
- the application. The project will be subject to conditions
,
have received. a copy of the application and plats
and restrictions contained in the permit
'by eertihed mail Such landowners must be advised
-
that they . in which - to . submit comm
have 30 days ents

-I certify that to the best of my knowledge, the proposed

'

on
the proposed project to the Division- of Coastal activity complies with the State of North -Carolina
s
_
-
Management.Upon signing this form, the applicant approved Coastal Management Program and will be
:further certifies that such notice has been provided. conducted in a manner consistent with such program - - =
Name 6 ro 12(.E W I L-SOAJ I certify that I am authorized to grant, and do in `fact, ,
Address r COTrGR o R . grant permission to representatives of state and federal
Phone w w a R o ni !' w r c )< N T o ?301 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
= Name = S. PNlPPS FM,«. roQ NoA.-1oN
_ToNN
permit application and follow-up monitoring of the
eta FT '? as ?O ' , _

Address
project.
Phone N/,, r- vy 2K iYY
- I further certify that the information provided in this
Name _ s ?° ?c/vriTrf crtn??.c.r? application is truthful to the best of my knowledge.
Address "L 5F07z? P C6q4(5_
Phone ' //Z1 L??sT ms's s
-
Ih
?h itlG . z 7503 ?`
This is the 1? day of v , 19.
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Name /JA vt d 1'. LEI N?
. permittee,,and issuing dates. _
Signature Aa1__:OS.

Landowner or Authorized Agent
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing- the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
Please indicate attachments pertaining to your proposed
project.
/DCM MP-2
_ DCM MP-3
_ DCM MP-4
_ DCM MP-5
_ DCM MP-6
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. -
Excavation and Fill Information
Upland Development
Structures Information
Bridges and Culverts
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Other
(Ezcluduig
shoreline
stabilization)

e

wS3;
s
r
-
Y ! ?ji. ? " v' \ . . : < : r : u' ' '<' . . 1 .1 ' . k ? • J ` ? . Yrs. ' f • ,' ? k :... i

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30. 3 of
- FILL
u14-_Tc.,A u bS>
FILE /.
b. Dimensions of disposal- area /y
c. Do you claim title to disposal area?
Yes No If no, attach a letter granting permission from the
owner.
d. Will a disposal -area be available for „future
maintenance? Yes No
If yes, where?
Revised 03/95
Form DCM-MP 2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
. f Does the'disposal'include any area in the water?
Yes No
3. 'SHORELINE STABILIZATION .,...
a..Type of shoreline stabilization
N? ;Bulkhead 1&--Riprap
b. Length - ---1 / A-
c. Average distance waterward of MHW or NWL
N /a: '
d ..Maximum distance waterward of MHW or NWL
A%/,4
e.: Shoreline erosion during preceding 12 months
A//A-
(Source of information)
C Type of bulkhead orJriprap material 1W F A-
gAmount of fill in cubic yards to be placed below
water level
(1) Riprap -/?-
- - - (2) Bulkhead backfill
h ``-Type of fill material ,V 1A
i. Source of fill material
4. OTHER FILL ACTIVITIES
..(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No

if yes,
(1) . Amount of material to be placed in the .
water A/dNI` -" '
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area hn7 Y A ??. 30
(2) Purpose of fill ty4 0ti SFr ,sac
t1N0 PAxK'IN6 -l1Rf/} -
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled?
}?LTEQ CLOTH Fgn/CE ;ENO
(oRA?t S'1rcaE,?
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
A1,1112 TRVCk 2V/3,7F/r 7-7/2%
- LOA1044
c. Will wetlands be cr3ssed in transporting equipment
to project site? Yes .) No
If yes, explain steps that will be taken to lessen
environmental impacts.
-A/t)/An/-rr• LyA/ OAF/CFS
Applican r Project Name
S., 4??
Signature If 1 14
Date
Revised 03/95
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Action ID No. 199703900
IN REPLY REFER TO
Regulatory Branch
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Please reference the application of Indiantown 01 qoe i for Department
of the Army (DA) authorization and a State Water Qualit Certification to
place fill material within Section 404 Department of the Army jurisdictional
wetlands, on property located off N.C. Highway 12, near the entrance of
Indiantown Shores Subdivision, adjacent Peter's Ditch, in Frisco, Dare County,
North Carolina. Your receipt of this letter verifies your acceptance of a
valid request for certification in accordance with Section 325.2(b)(ii) of
our administrative regulations.
We are considering authorizing the proposed activity pursuant to
Section 404 of the Clean Water Act, and we have determined that a water
quality certification is required under the provisions of Section 401 of
the same law.' A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by April 20, 1997, the District Engineer will deem
that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field office, telephone [phone]., extension 23.
February 20, 1997
97 a163

SincerelyG,
1.'?-w" U
Raleigh Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, 'North Carolina-. 27611-7687