20060455 Ver 1_COMPLETE FILE_20060705

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PROGRAM
Doug Dorman
Atlantic Environmental Consultants
P O Box 3266
Kitty Hawk, 27949
Project: Ferebee IP
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.
(Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank
03010205 0.09 0 0 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact David Robinson at [phone].
September 22, 2006
County: Pasquotank
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Sincerely,
cc: 4/Cyndi Karoly, Wetlands/401 Unit
Tracey Wheeler, USACE-Washington
Kyle Barnes, DWQ-Washington
Doug Huggett, DCM-Morehead City
File
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am D. Gilmore, PE
Director
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OCT 2 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net

?FAF Michael F. Easley, Governor
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North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality
July 5, 2006
Mr. Jimmy Ferebee
P.O. Box 138
Shawboro, NC 27973
Re: Jimmy Ferebee Property, Elizabeth City, Pasquotank County
DWQ #06-0455; USACE Action ID. No. 200610491
APPROVAL of 401 Water Quality Certification
Dear Mr. Ferebee:
Attached hereto is a copy of Certification No. 3580 issued to Mr. Jimmy Ferebee, dated May 22, 2006.
In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam
Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sinc ely,
Alan W. Klimek, P.E.
AWK/cbk/Um
Attachments: Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Washington Regulatory Field Office Wilmington District, USACOE
Kyle Barnes, DWQ, Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Doug Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Filename: 060455JimmyFerebee(Pasquotank)401 IC
401 Oversight/Express Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetiands
Nye Cazo
tur7p?a
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Jimmy Ferebee
Page 2 of 4
July 5, 2006
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section.0500 to Mr. Jimmy Ferebee to fill 0.0895 acre of jurisdictional
waters in the Pasquotank River Basin, associated with the relocation of 325 feet of jurisdictional waters
(stream, 12-foot width) in the Pasquotank River Basin to facilitate development of a residential
subdivision in Pasquotank County, North Carolina, pursuant to an application filed on the 6th day of
February of 2006, and in additional correspondence received the 26 day of April of 2006, and the 30th
day of June of 2006.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application,
the supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a
new Certification is required. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions of this
Certification. Any new owner must notify the Division and request the Certification be issued in their
name. Should wetland or stream fill be requested in the future, additional compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the
approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces,
the DWQ shall be notified in writing and a new application for 401 Certification may be required. For
this approval to be valid, compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Units Plan Location or Reference
Jurisdictional Waters 0.0895 acres Public Notice
Sediment and Erosion Control:
2. 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:
Jimmy Ferebee
Page 3 of 4
July 5, 2006
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.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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 404/401 Permit 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;
4. 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;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be clearly marked with
orange warning fencing (or similar high visibility material) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land disturbing activities to ensure
compliance with 15A NCAC 2B.0233 and GC 3404;
Continuing Compliance:
6. Mr. Jimmy Ferebee shall conduct construction activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with section 303(d) of the
Clean Water Act) and any other appropriate requirements of State law and federal law. If the
Division determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further conditions
are necessary to assure compliance, the Division may reevaluate and modify this Certification to
include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall
notify Mr. Jimmy Ferebee, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance
with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Jimmy Ferebee
in writing, shall be provided to the United States Army Corps of Engineers for reference in any
Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project;
Jimmy Ferebee
Page 4 of 4
July 5, 2006
Conditions of Certification:
7. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the
401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample deed
notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sent copies of all deed restrictions
applied to these lots;
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form
of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with
the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 5t` day of July 200
DI ION O WA E ITY
Alan W. Klimek, P.E.
AWK/cbk/jm
06-0455
Subject: 06-0455
From: Kyle Barnes <[e-mail]>
Date: Fri, 30 Jun 2006 16:04:34 -0400
To: Ian McMillan <[e-mail]>
The Jimmie Ferebee IP is good to go with the COE. It is only waters and not stream
thus what is proposed in the ap is adequate.
06-0455 Jimmy Fereby Pasquotank 5/11/2006 06/03/06 IP Issue normal conditions: Corp
is calling this only *Waters* and thus not requiring only to maintain conveyence of
water not pattern profile demension.
1 of 1 6/30/2006 4:36 PM
W AT
FRQ
?0? Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

p N, Alan W. Klimek, P.E. Director
Division of Water Quality
May 19,2006
DWQ Project # 06-0455
Pasquotank County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Jhr>my Ferebee
P.O. Box 138
Shawboro, NC 27973
Subject Property: Jimmy Ferebee Property
Knobbs Creek [030150, 30-3-8, C, SW]
REQUEST FOR MORE INFORMATION
Dear Mr. Ferebee:
On April 26, 2006, the Division of Water Quality (DWQ) received your application dated
February 6, 2006, to fill or otherwise impact 0.0889 acres of wetland, associated with the
relocation of 325 feet of jurisdictional waters (stream, 12-foot width) in the Pasquotank River
Basin to facilitate development of a residential subdivision. The DWQ has determined that your
application is incomplete and/or provided inaccurate information as discussed below. The DWQ
will require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property. Therefore, unless we receive the additional
information requested below, we will have to move toward denial of your application as required
by 15A NCAC 21-1.0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may continue to
review your project.
Additional Information Requested:
1. Please submit five copies of the final stream relocation plan for this project for DWQ
review.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
NorthCarolina
401 Oversight/Express Review Permitting Unit A19turaily
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httv://h2o.enr.state.nc.us/ncwettands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Jimmy Ferebee
Page 2 of 2
May 19, 2006
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKIUm
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Doug Dorman, Atlantic Environmental Consultants, LLC, P.O. Box 3266, Kitty Hawk, NC 27949
Filename: 060455JimmyFerebee(Pasquotank)On_Hold
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Boic 3266 Kitty Hawk, NC 27949
[phone] [phone] fax
4A I!F` i
REC. F VE-D
April 25, 2006
Cindi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ # 06-0455, Jimmy Ferebee, Elizabeth City, Pasquotank County, NC
Dear Ms. Caroly,
Enclosed is the additional information you requested in your letter dated March 23, 2006
for an IP application for Jimmy Ferebee in Elizabeth City, Pasquotank County, North
Carolina.
The following Individual Permit application package is for the relocation of an existing
jurisdictional ditch located on a parcel of land at the intersection of Ward Street and Fifth
Street in Elizabeth City, Pasquotank County, North Carolina. The portion of the ditch to
be relocated is 325 linear feet and will require 3,873 sf of fill.
The existing ditch is connected to a culvert that goes under Ward Street and connects to
wetlands that lead to Knobbs Creek. The Division of Coastal Management has been
contacted and they have indicated that they do not have jurisdiction of the ditch and there
are no impacts within the 30' Buffer or the Area of Environmental Concern.
Enclosed are five copies of the Individual Permit application and attachments as well as a
site plan that shows the proposed relocation of the existing ditch.
If you have questions or you need additional information please call me at 252-261-7707.
Sincerely,,
Douglas A. Dorman
Atlantic Environmental Consultants, LLC
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APR 2 6 2006
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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266 Kitty Hawk, NC 27949
[phone] [phone] fax
April 25, 2006
Cindi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ # 06-0455, Jimm
Dear Ms. Caroly,
C ?Ny
PAYMENT
:TCEI ED
'asquotank County, NC
Enclosed is the additional information you requcN«a M -I d- ur letter dated March 23, 2006
for an IP application for Jimmy Ferebee in Elizabeth City, Pasquotank County, North
Carolina.
The following Individual Permit application package is for the relocation of an existing
jurisdictional ditch located on a parcel of land at the intersection of Ward Street and Fifth
Street in Elizabeth City, Pasquotank County, North Carolina. The portion of the ditch to
be relocated is 325 linear feet and will require 3,873 sf of fill.
The existing ditch is connected to a culvert that goes under Ward Street and connects to
wetlands that lead to Knobbs Creek. The Division of Coastal Management has been
contacted and they have indicated that they do not have jurisdiction of the ditch and there
are no impacts within the 30' Buffer or the Area of Environmental Concern.
Enclosed are five copies of the Individual Permit application and attachments as well as a
site plan that shows the proposed relocation of the existing ditch.
If you have questions or you need additional information please call me at 252-261-7707.
Sincerely,
Douglas A. Dorman
Atlantic Environmental Consultants, LLCM
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APR 2 6 2006
wENR - WiXTER QUALI f Y
ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Bob 3266 Kitty Hawk, NC 27949
[phone] [phone] fax
PAYMENT
RECEll VED
April 25, 2006
Cindi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: DWQ # 06-0455, Jimmy Ferebee, Elizabeth City, Pasquotank County, NC
Dear Ms. Caroly,
Enclosed is the additional information you requested. in your letter dated March 23, 2006
for an IP application for Jimmy Ferebee in Elizabeth City, Pasquotank County, North
Carolina.
The following Individual Permit application package is for the relocation of an existing
jurisdictional ditch located on a parcel of land at the intersection of Ward Street and Fifth
Street in Elizabeth City, Pasquotank County, North Carolina. The portion of the ditch to
be relocated is 325 linear feet and will require 3,873 sf of fill.
The existing ditch is connected to a culvert that goes under Ward Street and connects to
wetlands that lead to Knobbs Creek. The Division of Coastal Management has been
contacted and they have indicated that they do not have jurisdiction of the ditch and there
are no impacts within the 30' Buffer or the Area of Environmental Concern.
Enclosed are five copies of the Individual Permit application and attachments as well as a
site plan that shows the proposed relocation of the existing ditch.
If you have questions or you need additional information please call me at 252-261-7707.
Sincerely,
Douglas A. Dorman
Atlantic Environmental Consultants, LLC
NW/51
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APR 2 6 2006
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ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
P.O. Box 3266 Kitty Hawk, NC 27949
[phone] [phone] fax
RECEIVED
February 6, 2006 FEB
R 04OW664'R??Al?r]4
Tracy Wheeler
U. S. Army Corp of Engineers
P.O. Box 1000
Washington, NC 27889
RE: IP, Jimmy Ferebee, Elizabeth City, Pasquotank County, North Carolina
Dear Ms. Wheeler,
The following Individual Permit application package is for the relocation of an existing
jurisdictional ditch located on a parcel of land at the intersection of Ward Street and Fifth
Street in Elizabeth City, Pasquotank County, North Carolina. The portion of the ditch to
be relocated is 325 linear feet and will require 3,873 sf of fill.
The existing ditch is connected to a culvert that goes under Ward Street and connects to
wetlands that lead to Knobbs Creek. The Division of Coastal Management has been
contacted and they have indicated that they do not have jurisdiction of the ditch and there
are no impacts within the 30' Buffer or the Area of Environmental Concern.
Enclosed is the Individual Permit application and attachments as wells a site plan that
shows the proposed relocation of the existing ditch.
If you have questions or you need additional information please call me at 252-261-7707.
Sincerely,
Do orman
t
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CAR 325) Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate. of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application.for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the.permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
ITEMS 7 THRU 4 TO BE FILLED BY HE CORPS
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED DATE APPLICATION COMPLETED
IMCAA ? "CJ ^IAI T - -, rem -
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE ranaaent&notreauired)
Jimmy Ferebee rm
Boorman-Atlantic Environmental ConsultariE.

6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
P.O. Box 138 4812 Covered Bridge Road, Kitty Hawk, NC 27949
Shawboro, NC 27973
7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W AREA CODE
a. Residence 252-232-2778 a. Residence 252-261-2965
b. Business 252-232-1888 b. Business 252-261-7707
STATEMENT OF AUTHORIZATION _
hereby authorize, S'eg-1 ?4t9J"?6RiL' intis ldiyC'? to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE tsee insvumfons,
Ferebee - AEC#05-111
13. NAME OF WATERBODY. IF KNOWN iitnndi-hial 14, PROJECT STREET ADDRESS wappiicabjeJ
Knobbs Creek (approx. 900 feet from KC) (no number - not currently developed)
15. LOCATION OF PROJECT 5th Street, Elizabeth City
Pasquotank County North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, aeeinstruwons)
Located in downtown Elizabeth City off US Hwy 17 Business
17. DIRECTIONS TO THE SITE
Take US Hwy 17 business north to Ward Street, take a right on Ward Street, site is located
on the corner of 5th and Ward Street.
ENZI R Jul EDITION OF FES 94 IS OBSOLETE. (Proponent: CECW-OR)
r,
18. Nature of Activity (Description of p oar, include all features)
Fill in :section 404 wetlands. Fill is necessary to use the property for single family
residential development. The existing ditch on the prooperty is 325 linear feet with an
average width of 121. The ditch connects to a 2411 culvert that goes underneath Ward
Streetand drains into wetlands that lead to Knobbs Creek. Fill material will come from the
creation of the proposed ditch and spread out to match existing grades around ditch.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
See attachment A
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
See attachment A
21. Type(s) of Material Seine Discharged and the Amount of Each Tvoe in Cubic Yards
Approximately 3,873 sf of fill will be used to fill the existing ditch. The material will
come the creation of the proposed ditch. Additional fill will come from commercial source.
22. Surface Area in Acres of Wetlands or Other Waters Filled rseelnsrructlons)
See attachment A
23. Is Any Portion of the Work Already Complete? Yes 1= No x IF YES. DESCRIBE THE COMPLETFn woRlc
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
1. Francis Jehoich 114 E Braod St., Elizabeth City, NC 27909 7. Jimmy Stallings &
2. Boss Sawyer, Inc. 300 N. Hughs Blvd, Elizabeth City, NC 27909 Barry J, Leary
3. Karen lynn Gregory 112 E Broad St., Elizabeth City, NC 27909 PO 269, Edenton, NC
4. William T. Davis PO Box 1311 Elizabeth City, NC 27909 27932
5. Kenneth F. Henderek 908 Sixth St. Elizabeth City, NC 27909
6. J.O. Evans 1066 Horeshoe Rd, Elizabeth City, NC 27909
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information In this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE W, TURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent If the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
N
ATTACHMENT A
Jimmy Ferebee - Individual Permit Application
Block 19. Project Purpose. The purpose for requesting an Individual
Permit is to relocate an existing jurisdictional ditch to another location
on the subject property. The current ditch location makes the property
unusable for residential development because it bisects the property.
The proposed relocation will take place immediately after the permit is
issued and should take no longer than two weeks to complete.
Block 20. Reason(s) for Discharge. Fill is proposed in Section 404
wetland ditch. 3,873s.f. of fill will be placed in the existing jurisdictional
ditch and graded to meet the surrounding elevations. The area of
disturbance will be surrounded by silt fence prior to any land disturbing
activities and seeded when work is complete for erosion control
purposes.
Block 22. Surface Areas of Wetlands or Other Waters Filled. The area
proposed for fill is non-riparian Section 404 wetlands ditch, which
includes scrub vegetation within the limits of the ditch. Total surface
area proposed for fill under the Individual Permit is 3,873 s.f.. Material
from the creation of the proposed ditch will be used to fill the existing
ditch and any additional fill will be trucked in from a commercial source
and spread using a front end loader and tractor with a box blade. No
dredging proposed for this project.
Irv,
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US Army Corps PUBLIC NOTIC MAR s
Of Engineers " 2006
Wilmington District I?ENFt - WATEF2 q?iT
i?ETLANpS AND STORMU L BRANCH
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Issue Date: February 23, 2006
Comment Deadline: March 24, 2006
Corps Action ID #: 200610491
The Wilmington District, Corps of Engineers (Corps) has received an application from
Jimmy Ferebee seeking Department of the Army authorization to impact 325 linear feet
of jurisdictional waters associated with construction of a single-family residential
housing development adjacent to Knobbs Creek near the intersection of Fifth and
Ward Streets in Elizabeth City in Pasquotank, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.army.mil/wetlands
Applicant: Jimmy Ferebee
Post Office Box 138
Shawboro, NC 27973
AGENT (if applicable): Doug Dorman, Atlantic Environmental Consultants, LLC
4812 Covered Bridge Road
Kitty Hawk, NC 27949
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures pursuant to Section
404 of the Clean Water Act (33 U.S.C. 1344).
Location
The project area is approximately 1.01 acres containing 325 linear feet of jurisdictional
waters located in a unnamed tributary associated with Knobbs Creek, a tributary to the
Pasquotank River, off of US Highway 17, on the corner of Ward Street and 5t' Street, in
Elizabeth City, Pasquotank County, North Carolina. (36.3075N, 76.2169W)

14
Existing Site Conditions
The site is currently undeveloped lot vegetated with various upland grasses containing a
12' x 325' jurisdictional water that bisects the property. Vegetation in the project area
includes black willow, cattails, red maple and smartweed.
Applicant's Stated Purpose
The purpose for requesting a permit is to relocate the existing wetland feature to another
location on the subject property. The current feature location makes the property
unusable for residential development because it bisects the property.
Project Description
The project would include the filling of section 404 waters. Fill is necessary to use for
the filling of the existing feature for the development of single-family residences. To
relocate the existing feature approximately 3, 873 square feet of fill material will be used.
The feature will be filled and graded to match the elevation of the surrounding high
ground area. The fill material will come from the construction of the new feature on the
edge of the property. The jurisdictional waters will be relocated to the northern property
line and will maintain the hydrologic connection between the upstream waters and
wetlands adjacent to Knobbs Creek.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central.
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Mr. John Hennessy (NC
Department of Transportation projects) or Ms Cyndi Karoly (all other projects) by March
23, 2006.
f
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The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the.
applicant and consulted the latest North Carolina Natural Heritage Database.. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects

thereof, among those are conservation, economics, aesthetics,, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District; until 5pm, March 24, 2006. Comments
should be submitted to Josh Pelletier, Washington Regulatory Field Office, US Army
Corps of Engineers, Post Office Box 1000, Washington, North Carolina 27889, or
telephone [phone] extension 34.
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Jimmy Ferebee
PO Box 110
Shawboro NC 27973
1, Jimmy Ferebee authorize Atlantic Environmental Consultants, LLC (AEC) to
apply for environmental permits on my behalf for property my in Elizabeth
City, Pasquotank County, North Carolina.
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A IZAT ON /- /-, I DATE
ATTACHMENT A
Jimmy Ferebee - Individual Permit Application
Block 19. Project Purpose. The purpose for requesting an Individual
Permit is to relocate an existing jurisdictional ditch to another location
on the subject property. The current ditch location makes the property
unusable for residential development because it bisects the property.
The proposed relocation will take place immediately after the permit is
issued and should take no longer than two weeks to complete.
Block 20. Reason(s) for Discharge. Fill is proposed in Section 404
wetland ditch. 3,873s.f. of fill will be placed in the existing jurisdictional
ditch and graded to meet the surrounding elevations. The area of
disturbance will be surrounded by silt fence prior to any land disturbing
activities and seeded when work is complete for erosion control
purposes.
Block 22. Surface Areas of Wetlands or Other Waters Filled. The area
proposed for fill is non-riparian Section 404 wetlands ditch, which
includes scrub vegetation within the limits of the ditch. Total surface
area proposed for fill under the Individual Permit is 3,873 s.f.. Material
from the creation of the proposed ditch will be used to fill the existing
ditch and any, additional fill will be trucked in from a commercial source
and spread using a front end loader and tractor with a box blade. No
dredging proposed for this project.
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pLP APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-0003
(33 CFR 3251 Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETED
n c acLVw r ac "i &cw a r iwr' ,wwv i
5. APPLICANT'S NAME S. AUTHORIZED AGENT'S NAME AND TITLE ran so"isnotmaturedl
Jimmy Ferebee Doug Dorman - Atlantic Environmental
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
PO Box 138 PO Box 3266 ''
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Shawboro, NC 27973 Kitty Hawk, NC 27949 --r
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7.. APPLICANT'S PHONE NOS. WIAREA CODE 10. AGENT'S PHONE NOS. W ARE CODE r
a. Residence 252-232-2778 a. Residence 252-261-7707
b. Business 252-262-1888 n b. Business 252-261-7707
11. STATEMENT OF AUTHORIZATION
I hereby authorize, Atlantic Environmenta Cons. to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
?- a:,.
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APPLICANT'S SIGNATURE DATE
APR 2 8 2006
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY "eR v
12. PROJECT NAME OR TITLE (seesarruc i s, WETIANDSANDST4WATERSWCH
Ferebee Individual Permit
13. NAME OF WATERBODY. IF KNOWN r/arutirrMar 114. PROJECT STREET ADDRESS rvappocab/e)
Knobbs Creek
15. LOCATION OF PROJECT
Intersection of Fifth Street and Ward Street
Elizabeth City, NC 27909
Pasquotank North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, rseeinshucrionsi
Located in Downtown Elizabeth City off of US Hwy 17 Business
17. DIRECTIONS TO THE SITE
US Hwy 17 Business north to Ward Street, take right on Ward Street to the corner of Fifth
Street and Ward. See attached map.
ENG R Jul 7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
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18. Nature of Activity (Description of pr%ct, inciude ail features)
Fill in section 404 wetlands. Fill is necessary to use the property for single family
residential development. The existing ditch on the prooperty is 325 linear feet with an
average width of 121. The ditch connects to a 24" culvert that goes underneath ward
Streetand drains into wetlands that lead to Knobbs Creek. Fill material will be a
commercial source of sand to be and spread out to match existing grades around ditch.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
See attachment A
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
See attachment A
21. Type(s) of Material Beina Discharged and the Amount of Each Tvoe in Cubic Yards
Approximately 3,873'sf of fill will be used to fill the existing ditch. The material will
come the creation of the proposed ditch. Additional fill will com from commercial source.
22. Surface Area in Acres of Wetlands or Other Waters Filled (Seebrstructions)
See attachment A
23. Is Any Portion of the Work Already Complete? Yes No X IF YES. DESCRIBE THE COMPLETFn WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental fist).
1. Francis Jehoich 114 E Braod St., Elizabeth City, NC 27909 7. Jimmy Stallings &
2. Boss Sawyer, Inc. 300 N. Hughs Blvd, Elizabeth City, NC 27909 Barry J, Leary
3. Karen lynn Gregory 112 E. Broad St., Elizabeth City, NC 27909 PO 269, Edenton, NC
4. William T. Davis PO Box 1311 Elizabeth City, NC 27909 27932
5. Kenneth F. Henderek 908 Sixth St. Elizabeth City, NC 27909
6. J.O. Evans 1066 Horeshoe Rd, Elizabeth City, NC 27909
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
*Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SI TURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $ 10,000 or imprisoned not more than five years or both.

Instructions for Preparing a
Department of the Army Permit Application
Blocks 1 through 4. To be completed by Corps of Engineers.
Block S. Applicant's Name. Enter the name of the responsible party or parties. If the responsible party is an agency,
company, corporation or other organization, indicate the responsible officer and title. If more than one party is
associated with the application, please attach a sheet with the necessary information marked Block 5.
Block 6. Address of Applicant. Please provide the.full address of the party or parties responsible for the application.
If more space is needed, attach an extra sheet of paper marked Block 6.
Block 7. Applicant Telephone Number(s). Please provide the number where you can usually be reached during normal
business hours.
Blocks 8 through 11. To be completed if you choose to have an agent.
Block 8. Authorized Agent's Name and Title. Indicate name of individual or agency, designated by you, to represent
you in this process. An agent can be an attorney, builder, contractor, engineer or any other person or organization.
Note: An agent is not required.
Blocks 9 and 10. Agent's Address and Telephone Number. Please provide the complete mailing address of the agent,
along with the telephone number where he/she can be reached during normal business hours.
Block 11. Statement of Authorization. To be completed by applicant if an agent is to be employed.
Block 12. Proposed Project Name or Title. Please provide name identifying the proposed project (i.e., Landmark
Plaza, Burned Hills Subdivision or Edsall Commercial Center).
Block 13. Name of Waterbody. Please provide the name of any stream, lake, marsh or other waterway to be directly
impacted by the activity. If it is a minor (no name) stream, identify the waterbody the minor stream enters.
Block 14. Proposed Project Street Address. If the proposed project is located at a site having a street address (not a
box number), please enter here.
Block 15. Location of Proposed Project. Enter the county and state where the proposed project is. located. If more
space is required, please attach a sheet with the necessary information marked Block 15.
Block 16. Other Location Descriptions. If available, provide the Section, Township and Range of the site and/or the
latitude and longitude. You may also provide description of the proposed project location, such as lot numbers, tract
numbers or you may choose to locate the proposed project site from a known point (such as the right descending
bank of Smith Creek, one mile down from the Highway 14 bridge). If a large river or stream, include the river mile of
the proposed project site if known.
Block 17. Directions to the Site. Provide directions to the site from a known location or landmark. Include highway
and street numbers as well as names. Also provide distances from known locations and any other information that
would assist in locating the site.
Block 18. Nature of Activity. Describe the overall activity or project. Give appropriate dimensions of structures such
as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to
be done), or excavations (length, width, and height). Indicate whether discharge of dredged or fill material is involved.
Also, identify any structure to be constructed on a fill, piles or float supported platforms.
The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you
wish to do. If more space is needed, attach an extra sheet of paper marked Block 18.

Block 19. Proposed Project Purpose. Describe the purpose and need for the proposed project. What will it be used for
and why? Also include a brief description of any related activities to be developed as the result of the proposed project.
Give the approximate dates you plan to both begin and complete all work.
Block 20. Reason(s) for Discharge. If the activity involves the discharge of dredged and/or fill material into a wetland or
other waterbody, including the temporary placement of material, explain the specific purpose of the placement of the
material (such as erosion controQ.
Block 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards. Describe the
material to be discharged and amount of each material to be discharged within Corps jurisdiction. Please be sure this
description will agree with your illustrations. Discharge material includes: rock, sand, clay, concrete, etc.
Block 22. Surface Areas of Wetlands or Other Waters Filled. Describe the area to be filled at each location.
Specifically identify the surface areas, or part thereof, to be filled. Also include the means by which the discharge is to be
done (backhoe, dragline, etc.). If dredged material is to be discharged on an upland site, identify the site and the steps to
be taken (if necessary) to prevent runoff from the dredged maternal back into a waterbody. If more space is needed, attach
an extra sheet of paper marked Block 22.
Block 23. Is Any Portion of the Work Already Complete? Provide any background on any part of the proposed project
already completed. Describe the area already developed, structures completed, any dredged or fill material already
discharged, the type of material, volume in cubic yards, acres filled, if a wetland or other waterbody (in acres or square
feet). If the work was done under an existing Corps permit, identify the authorization if possible.
Block 24. Names and Addresses of Adjoining Property Owners, Lessees, etc., Whose Property Adjoins the
Project Site. List complete names and full mailing addresses of the adjacent property owners (public and private) lessees,
etc., whose property adjoins the waterbody or aquatic site where the work is being proposed so that they may be notified of
the proposed activity (usually by public notice). If more space is needed, attach an extra sheot of paper marked Block 24.
Information regarding adjacent landowners is usually available through the office of the tax assessor in the
county of counties where the project is to be developed.
Block 25. Information about Approvals or Denials by Other Agencies. You may need the approval of other Federal,
state or local agencies for your project. Identify any applications you have submitted and the status, if any (approved or
denied) of each application. You need not have obtained all other permits before applying for a Corps permit.
Block 26. Signature of Applicant or Agent. The application must be signed by the owner or other authorized party
(agent) . This signature shall be an affirmation that the party applying for the permit possesses the requisite property rights
to undertake the activity applied for (including compliance with special conditions, mitigation, etc.).
DRAWINGS AND ILLUSTRATIONS
General Information.
Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings
are identified as a Vicinity Map, a Plan View or a Typical Cross-Section Map. Identify each illustration with a figure
or attachment number.
Please submit one original, or good quality copy, of all drawings on 8 1/2xt 1 inch plain white paper (tracing paper or
film may be substituted). Use the fewest number of sheets necessary for your drawings or illustrations.
Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or
cross-section) While illustrations need not be professional: (many small, private. project illustrations are prepared by
hand), they should be dear, accurate and contain all necessary information.
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INDIVIDUAL PERMIT
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FILE: 05-111 DRAWN BY. DOUG D
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Triage Check List
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Date: Project Name. T4.1-017 !/4
D Q#: 6 ohs
County:
To: ? ARO Kevin Barnett [XI WaRO Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran/Joanne Steenhuis
? MRO Alan Johnson/Barry Love ? WSRO Daryl Lamb
? RRO Eric Kulz
From: Telephone : (919) 73 3???
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
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
r 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
rF ?.
Comments: 'T__ I

reviews
1 of 1
Subject: reviews
From: Kyle Barnes <[e-mail]>
Date: Wed, 17 May 2006 16:21:00 -0400
To: Ian McMillan <[e-mail]>
05-1371 vs 2 Innsbrook
14 Issue normal conditions
06-0455 Jimmy Ferebee
normal conditions
KB
Chowan 4/24/2006
Pasqotank 5/16/2006 05/17/06
05/17/06 NW
IP Issue
5/17/2006 4:21 PM
OwAT ?qpG
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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
March 23, 2006
DWQ # 06-0455
Pasquotank County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Atlantic Environmental Consultants, LLC
Attn: Mr. Doug Dorman
4812 Covered Bridge Road ??`/ ? i?
Kitty Hawk, North Carolina 27949 RECE ED
Subject Property: Jimmy Ferebee AEC#05-111
Dear Mr. Dorman:
On March 6, 2006 the NC Division of Water Quality (DWQ) received a copy of the Corps of Engineers Public Notice
and IP Application for Jimmy Ferebee AEC#05-111. The comment period ends March 24 2006. An Individual 404 Permit
will be required for this project. Please note that the following must be received prior to issuance of a 401 Water Quality
Certification:
1. The 401 Certification cannot be processed until five (5) complete sets of the application and associated maps is
received at the DWQ Central Office in Raleigh along with the appropriate fee.
2. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee
for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less
than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the
fee is $475. Please make that check payable to the NC Division of Water Quality in your response.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers
place this project on hold. Thank you for your attention. If you have any questions, please contact me or Ian McMillan in the
Central Office in Raleigh at [phone].
Sincerely,
Cyndl Karoly
cc: Tom Steffens, Corps of Engineers Wilmington Regulatory Field Office
Kyle Barnes, DWQ Regional Office, Wilmington
File Copy
Central Files
JFerebee AEC05111(Pasquotank) IP appl fee request
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
i
US Army Corps PUBLIC NOTI HAR 6 2006
Of Engineers
Wilmington District dENR - WA1gR QUALITY
TLANOS AND ST0ftW*R BRANCH
CEi???_ Issue Date: February 23, 2006
Comment Deadline: March 24, 2006
Corps Action ID #: 200610491
The Wilmington District, Corps of Engineers (Corps) has received an application from
Jimmy Ferebee seeking Department of the Army authorization to impact 325 linear feet
of jurisdictional waters associated with construction of a single-family residential
housing development adjacent to Knobbs Creek near the intersection of Fifth and
Ward Streets in Elizabeth City in Pasquotank, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.anny.mil/wetlands
Applicant: Jimmy Ferebee
Post Office Box 138
Shawboro, NC 27973
AGENT (if applicable): Doug Dorman, Atlantic Environmental Consultants, LLC
4812 Covered Bridge Road
Kitty Hawk, NC 27949
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures pursuant to Section
404 of the Clean Water Act (33 U.S.C. 1344).
Location
The project area is approximately 1.01 acres containing 325 linear feet of jurisdictional
waters located in a unnamed tributary associated with Knobbs Creek, a tributary to the
Pasquotank River, off of US Highway 17, on the corner of Ward Street and 5th Street, in
Elizabeth City, Pasquotank County, North Carolina. (36.3075N, 76.2169W)
Existing Site Conditions
The site is currently undeveloped lot vegetated with various upland grasses containing a
12' x 325' jurisdictional water that bisects the property. Vegetation in the project area
includes black willow, cattails, red maple and smartweed.
Applicant's Stated Purpose
The purpose for requesting a permit is to relocate the existing wetland feature to another
location on the subject property. The current feature location makes the property
unusable for residential development because it bisects the property.
Project Description
The project would include the filling of section 404 waters. Fill is necessary to use for
the filling of the existing feature for the development of single-family residences. To
relocate the existing feature approximately 3, 873 square feet of fill material will be used.
The feature will be filled and graded to match the elevation of the surrounding high
ground area. The fill material will come from the construction of the new feature on the
edge of the property. The jurisdictional waters will be relocated to the northern property
line and will maintain the hydrologic connection between the upstream waters and
wetlands adjacent to Knobbs Creek.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Mr. John Hennessy (NC
Department of Transportation projects) or Ms Cyndi Karoly (all other projects) by March
23, 2006.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof, among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, March 24, 2006. Comments
should be submitted to Josh Pelletier, Washington Regulatory Field Office, US Army
Corps of Engineers, Post Office Box 1000, Washington, North Carolina 27889, or
telephone [phone] extension 34.
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¦ 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 mailplece,
or on the front if space permits.
1. Article Addressed to:
Mr. Jimmy Ferebee
P.O. Box 138
Shawboro,NC 27973
DWQ# 06-0455-Pasquotank
A. Signature
ijc ent
X C? ? Addresm
B. Received by (Printed Name) C. Dqte of Iiver)
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D..ls delivery address different from item. 1? ? s
If YES, enter delivery address below: Ell No
3. Service Type
Certified Mail ? Express Mail
? Registered X Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? yes
2. Article Number ?005 1160 0000 9954 691?
(Transfer from service labeo
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UNITED STATES POSTAL SERVICE,
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• Sender: Please print your name, address, and ZIP+I'Ts box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
I Print your name and address on the reverse
so that we can return the card to you.
I Attach this card to the back of the mailpiece,
or on the front if space permits.
. Article Addressed to:
Atlantic Envdronmental Consultants
Attn: Mr..Doug Dorman
4812 Covered Bridge Road
Kitty Hawk,NC 27949
DWQ# 06-0455-Pasquotank
A. Signature
C.
Agent
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D. Is deliv6gca dress different from kern 1 ? ee
If YES, enter delivery address below: ? No
3. Service Type
jo Certified Mail ? Express Mail
? Registered 4"etum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
Article Number
7005 1160 0000 9954 5293
(transfer from from service /abed
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UNITED STATES POSTAL SERVICE
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NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
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