19970243 Ver 1_COMPLETE FILE_19970314

State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Water Quality 10 WOOL
James Hunt, Governor ID E H N F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 24, 1997
Hyde County
WQC 401 Project #970243
APPROVAL of 401 Water Quality Certification
Mr. Tommy Newman
P.O. Box 101
Swanquarter, NC 27885
Dear Mr. Newman:
You have our approval, in accordance with the attached conditions, to place fill material in 1660 square
feet of wetlands or waters for the purpose of constructing a road access at your property on SR 1136, as you
described in your application dated 14 March 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 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 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 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. 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,
1
ton Howard, Jr. P.
PL
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
John Parker; DCM
970243.1tr
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/100/6 post consumer paper
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CC: WaRO; Central Files; DCM Field Offices; ODE Washington Office
DIVISION OF COASTAL MANAGEMENT' I
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Tommy Newman
2. LOCATION OF PROJECT SITE: On SR 1136 adjacent Swan Quarter Canal near Swan Quarter in
Hyde County
Photo Index - 1995: 112-1184, 7-M&N 1989: 98-3, 11-M&N 1984: 90-1084, 17-T
State Plane Coordinates - X: 2,792,700 ' Y: 611,900 Swan Quarter Quad LL Corner
3. INVESTIGATION TYPE: CAMA/Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 26 February 1997
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - 25 February 1997
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Hyde County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ORW Estuarine Shoreline and Coastal Wetlands
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing
Planned
(F) Type of Structures: Existing
Planned
(G) Estimated Annual Rate of Erosio
Source - N/A
7. HABITAT DESCRIPTION:
- Septic tank and drain field
- N/A
- Mobile home and dock
- 83' long by 20' wide fill drive for alternate access
n: N/A
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
Primarily Phragmites
Very small percentage Patens & 1,660 sq. ft.
Distichlis
(B) Non-Vegetated Wetlands
(C) Other
(D) Total Area Disturbed: 1,660 sq. ft. or 0.03 acres
(E) Primary Nursery Area: Yes
(F) Water Classification: SA/ORW Open: No
8. PROJECT SUMMARY: The applicant proposes to fill an area of wetlands 83' long by 20' wide
(1,660 sq. ft.) to provide an alternate access to an existing mobile home.
. .,,
TOMMY NEWMAN
Hyde County
The applicant's property is located on SR 1136 adjacent the Swan Quarter Canal in Hyde
County near Swan Quarter, North Carolina. The 50' by 100' lot is actually bisected by SR 1328.
The lot is highground as a result of the discharge of dredge spoil material from original canal
excavation which was prior to the State dredge and fill regulations. There is a large expanse of
Juncus roemerianus marsh immediately behind or north of the mobile home. The 50' width of
the property bordering the Swan Quarter canal is bulkheaded and has a 4' wide dock parallel to
shore across the entire 50' width. The 83' by 20' area the applicant is proposing to fill behind
or north of the mobile home to establish an alternate rear access to the structure is an area of
coastal wetlands within the 575' Estuarine Shoreline AEC bordering the Swan Quarter Bay
Outstanding Resource Water.
The applicant proposes to fill an area approximately 1,660 square feet (83' by 20') within
Coastal Wetlands and the 575' Estuarine Shoreline AEC bordering the Swan Quarter Bay
Outstanding Resource Water. This area of Swan Quarter Bay is also designated a Marine Fishery
Primary Nursery and shell fish water. However the adjacent shellfish waters are closed to harvest.
The area to be filled is somewhat of a transition zone between higher ground and an existing
homogeneous strand of Juncus roemerianus marsh. 1 refer to this as a transition zone because it
is primarily dominated by Phragmites with lesser amounts of Sgaltina Patens and Distichlis
Spica, although apparently of the same organic substrate and elevation of adjacent wetlands.
This area is subject to irregular flooding from wind tides. The purpose of this fill is to establish
an alternate rear access to the existing mobile home. The applicant proposes to confine the
proposed fill to prevent spreading into adjacent wetlands by construction of a low level wooden
bulkhead for containment along the north and east sides. The proposed fill material is to be
comprised of a base layer of approximately 12" of topsoil covered with a approximately 6" layer
of ABC composition stone.
This project would result in the permanent loss of 1,660 square feet of wetlands primarily
vegetated with plragmites V- with lesser amounts of S.partina patens, and Distichlis snicata, all
within the 575' Estuarine Shoreline AEC around the Swan Quarter Bay Outstanding Resource
Water, a designated primary nursery and shellfish water.
Terry E. Moore - Washington Regional Office - 5 March 1997

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name y'mmq nJ? -J,r?6,-J
Address iyDc 10 {
City ??L?"".9?Q1.i,4fL lt?,R- State J•IG
Zip Day Phone C1 ?q - q,'l,& -1;2 W
Fax
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any) tiJonlE,
NOTE: Permit will be issued in name of lando~r(s), cad/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County W ? L7 l
b. City, town, community or landmark
"LJaw?[?t?A,Q,i?R
c. Street address or secondary road number
d. Is proposed work within city limits or planning
jurisdiction? ? Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) 1"^c u tZ f-'s/ Lt??. K-
.Swwny?e:rtu Q.?Y
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
--Pw 11)1,06 VQIV, -1OAV To s?v9e:G
b. Is the proposed activity maintenance of an existing
project, new work, or both? lJ&J WoRK-
c. Will the project be for public, private or commercial
use? i e-
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.12ARRtA y, To F&e it APpuc,9n07?
SthfnR e46o J2 Au..-c c, To Nr e C,4Q ??i15T?=R !5
RL'5o>a)JT OF mcr->iyg Apure 400 NAMDttAPPFb-
S,A\Jage AR.7wRmf j, 7o P `.Poo L. To rif TkucKJ=.D???,
GFR1:AD Wrr4 TRACTOR A/Jb JVP QW6,1GD W/TN
-
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C4W\JA_0M%y 4CCrLb6 Tv ?i7 AS AT Vf44 414D
14ITc9P_N 4)24A OP , mp?StuS 14cme..

Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract ± 3 & A-t e S
b. Size of individual lot(s) rap' x icon'
c. Approximate elevation of tract above MHW or
NWL
d. Soil type(s) and texture(s) of tract
?i M.1 h `{ Lfl A-rr1 .-Aa..l D L.I.A`? . r+'? u[.K-
e. Vegetation on tract CyA6-om,, w? rTi. ?S r
f. Man-made features now on tract rnot?
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the lout land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? ? Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes No
If yes, by whom? is 1 A
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ? No
1. Are there wetlands on the site? ? Yes No
Coastal (marsh) ? Other _Z_&C3yrV# S
If yes, has a delineation been conducted? tJ
(Attach docununtation, if available)
m. Describe existing wastewater treatment facilities.
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.) 1-.,,uaFh-cZ-
d?onlr) F-F
o. Describe existing drinking water supply source.
C.O (IaTy 5q5urn
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.020' for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name 4 i? A a, r- VA%il?,
Address 1'2-0. On 1,16
Phone :??tAaJC,ZtcA1??frP? ?C?. '?`rRR?
Name mg. L -A yi C q t? i t t ???J
Address ?2 i 7 13car 4--7L,
Phone [?rT'! p (ZJ2I 'D&
Name W i t,,5 J "D>F-e?;?
Address 11Clln
Phone ?,W- 1 'A APQ IE? .N
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
app] ication.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• 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.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the b day of , 19?!,,-
Print Name ` i cc m m'Y' t\l 1c VJ m A-tJ
Signature -3?^-^?-- n?-? -- ?
Landowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
? DCM MP-2 Excavation and Fill Information
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other Di-i've-
(Excluding
shoreline
stabilization)

siR : •,.

M??`s
j' +1
r9nxJe- 4Jr?Vv-
},fV?V 1.1V?L
1. EXCAVATION 11,4
a. Amount of material to be excavated from below
MHW or NWL in cubic yards rJ 14
b. Type of material to be excavated ni 1 A-
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes ? No
d. Highground excavation in cubic yards ?J /AL_
2. DISPOSAL OF EXCAVATED
MATERIAL W//1
a. Location of disposal area f2vm r-ici5i oJ6
1p)2aew-4y is /Ylo?i?r: HcmG
b. Dimensions of disposal area X2, `x -LO'
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? 04 ''-2ITE -
Revised 03195
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
?mars_h), 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
?J 1k Bulkhead ?/,d Riprap
b. Length 01k
c. Average distance waterward of MHW or NWL
Tl A-
d. Maximum distance waterward of MHW or NWL
t j 11 A-
e. Shoreline erosion during preceding 12 months
tj 141-
(Source of information)
f. Type of bulkhead or riprap material r,) f A
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap N l3-
(2) Bulkhead backfill ?J f?
h. Type of fill material 0 1 d-
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 ?J o o &
(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) Dimenstons of fill ar ?11?0
}--._-I
(2) Purpose of fill V gc l Jus -Q21\1GWAY 'TV
?ct?si? t?vm?
5. GENERAL
a.
b.
C.
How will excavated or fill material be kept on site
and erosion controlled? nor, AND % lfi'TRrCATr.-A
?Jcbr?1= N T3; r IZI BL
A-n??rn/D ?n?p??-F ?rD?s c?? nRr?r ul.?y
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
A-C7 VP__
Will wetlands be crDssed in transporting equipment
to project site? Yes ? No
If yes, explain steps that will be taken to lessen
environmental impacts. 044,
Applicant or Project Name
Signature
'aL / 6 / Ci `7 --
Date
Revised 03195
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 14, 1997
Regulatory Branch
Action ID No. 199705073
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 Tommy Newman for Department of the
Army a(DA) authorization and a State Water Quality Certification to place fill
material in wetlands and construct an alternate access to an existing mobile
home, on property located off State Road 1136, adjacent the Swan Quarter
Canal, near Swan Quarter, in Hyde 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 May 13, 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.
Sincerely,
U,4- ep-.J
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