19990329 Ver 1_COMPLETE FILE_19990419

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 16, 19992
Dare County
DWQ Project # 990329
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ira Spencer
120 Fearing Place
Manteo N.C. 27954
Dear Mr. Spencer.
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in0.05 acres
of wetlands or waters for the purpose of constructing a road crossing at your lot at US 64/264 near SR 1180, as you described in
your application dated April 15, 1999. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number3102. This certification allows you to use Nationwide Permit Number 14 when the Corps of
Engineers issues it. In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Water shed
regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the
attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters to notify the
state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days
of the date of this letter or the issuance of the 404 Permit (whichever is later).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
R*ccvens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
John Dorney
Central Files
990329.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
401 i580t:L'
DEM ID:
CORPS ACTION ID:
PAYMENT
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
NWP 14
s
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES
SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY
ADDRESSES SHEET). PLEASE PRINT.

1. OWNER'S NAME: Ira Spencer
2. MAILING ADDRESS: 120 Fearing Place
SUBDIVISION NAME:
CITY: Manteo
STATE: NC ZIP CODE: 27954
PROJECT LOCATION, ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Parcel located on the west side of US 64/264 south of SR 1180 in Manns Harbor, North
Carolina
3. TELEPHONE NUMBER (HOME):
252-473-5580
WORK:
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: George H. Wood, CEP, PWS 252-441-0239
Environmental Professionals, Inc.
PO Box 3368 _
Kill Devil Hills, NC 27948
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OF
AERIAL PHOTOGRAPHY WITH SCALE:
COUNTY: Dare NEAREST TOWN OR CITY Manns Harbor
LANDMARKS, ETC.)
USGS Quad-
Lat- 35° 54' 00"
Lou- 75° 46' 30"
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS
Parcel located across the street from Thieves Antiques
6. IMPACTED OR NEAREST STREAM/RIVER
RIVER BASIN:
Croatan Sound
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR
WS-II)? YES E] NO ® IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ? NO
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
community
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ? NO ® IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDING PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE:
YES ? NO ® IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 12.69
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: .63
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: .05 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: .05
lob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFER RELOCATION): N/A
LENGTH BEFORE: FT AFTER:
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) N/A
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
FT
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? N/A _
WHAT IS THE EXPECTED POND SURFACE AREA? N/A
FT
FT
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 '/2 " X 11" DRAWINGS ONLY):
To fill 05 acres - (198.51 feet) of 404 wetlands to provide access to property. A dump truck and grader will be
utilized.
13. PURPOSE OF PROPOSED WORK: To provide light industrial access to parcel for logging and sand mining
onsite Owner will utilize existing fringe of upland area along side of property in conjunction with a small portion
of 404 wetlands to gain access.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
with an existing industrial site on the south side of the property and trying to maintain an existing vegettive buffer
between the residence on the north side of the property as a visual and noise barrier, it would be optimum to locate
2
the access road along the south property line.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING
THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY
THE PROPOSED PROJECT.
DATE CONTACTED: 3/17/99 (ATTACH RESPONSES FROM THESE AGENCIES.)
*Did not contact USFWS, USCOE is handling review of endangered species.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: 3/17/99
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES ? NO ® (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES ? NO
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATTION STATE CLEARINGHOUSE?
YES E] NO
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING STATE
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED
TO Ms. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003,
TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIALS INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON
THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE
MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR
THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IN REQUIRED.
e. WHAT IS THE LAND USE OF SURROUNDING PROPERTY?
residential/commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? N/A
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATER OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
OWNER'S/A N 'S IGNATU
DATE /-
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.))
4
DATA FORM Environmental Professionals, Inc.
ROUTINE WETLAND DETERMINATION PO Box 3368
(1987 COE Wetlands delineation Manual) Kill Devil Hills, NC 27948
Project/Site: /,P -6. 9' A --b 7, Date: %3117 p 9
Applicant/Owner: -ZZ, ;?a? ?a County: Investigator: J6. il Jo State: 4/ . G.
Do Normal Circumstances exist on the site? 9 yes No Community ID: /
Is the site significantly disturbed (Atypical Situation)? ? Yes No Transect ID:
Is the area a potential Problem Area? ? Yes No Plot ID:
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. S a ov &?? GQ c-? 9.
2. i7rurY. ? !a /<a c 3•° 10.
3. gyp. h? a ?. u?.e( l? 11.
4. 12.
5. 13.
6. - 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-). > -o °
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology indicators:
? Stream, Lake, or Tide Gauge Primary Indicators:
? Aerial Photographs ? Inundated
? Other ? Saturated in Upper 12 Inches
[?No Recorded Data Available ? Water marks
? Drift Lines
Field Observations: ? Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water : - (in.) Secondary Indicators (2 or more required):
? Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit:/a- (in.) ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Saturated Soil: (in.) ? FAC-Neutral Test
Other (Explain in Remarks
Remarks:
DATA FORM
ROUTAE WETLAND DET :RMINA' 'ION
(1987 COE Wetlands delineat n Manual;
Envirc.unental,Professionals, Inc.
PO 3c 3368
Kill Dc ail Hil:s, NC 27948
Project/Site: 1,;2. G ' Ate- T"r ? ;„ /j1ay;, s ?•-? r Date: 3F i,
Apphcartt/Owner: ? r'a-- County:
Investigator: , 1 State: V
Do Nonnal Circumstances exist on the site? [ Yes ? No Commun_ty
Is the sire significantly disturbed (Atypical Situation)? [] Yes RN'o Transect :D.
Is the ar.a a potent_ al Proble;.n Area? [,] Yes No Plot ID:
If ne jed, explain on re? erse.)
VEGE' ATION
rominai : Plant Sp Gies Stratum Indicator Do ninzat Plant Species Stratum Indicator
9. r
2. =ft Nor_-
v?
4. v 7 r.GC 3 ° 12.
5. br?N, 0 7 .? 3 13.
6. a ..-6?-1,.4.a.` .tea F?? ,.• 14.

7. 'fir - •r-? --- _
15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FA
C ). > Ala
/
Remarks:
HYT- Rt.1LOGY
Recorded Data, Describe in Remarks)
? stream, . ,ake, or : ide Gauge
? Aerial P: )tograpbs
? other
5?No Recorded Dt a Available
Field Observations:
We nand Hydrology Inc:ieators:
i?rimary Indicators:
? Inur:dated
,8-Saturated in Upper 12 Inches
? Water Marks
? DriP Lines
? Sediment Deposits
Draiaage Patterns in Wetlands
Depth of Surface Water (in.) Secondary Indicators (2 or more required):
E -Oxic ized Root Channels in Upper 12 Inches
Depth to Free Water in Pi ?/? (in.) ? Water-Stained Leaves
rlocal Soil Survey Data
Depth to Saturated Soil: A;E? (in.) ? FAC-Neutral Test
_ Other (Explain in R' _arks)
Remarks, 1 d Lx'
v
v
L
2 Miles
2 900 000 F F f. 7
I'lione Conversation Record
Talked With: Date:
Sill 7 YY Time:
/ l : ?q PM
Of. National Marine ishcries
- Phone #: [phone]
iii _ County
Re: Filling /?{S sq. ft. of 404 wetlands under NWP /B
I laced Call Part Called El
L
My Message Reply :?7
Party's Message Reply O
Action or Follow up Necessary ?lJ p
Refer to: File t3 - 79
Signed:
Phone Conversation Record
Talked With:
J?orv?cQv? Date:
.3 7 ? ? Time:
//"2- PM
Of. State Historic Preservation Office Phone #: [phone]
Re: Filling /Ks sq. ft. of 404 wetland under NWP in L7o. County
I laced Call [K Par Called ?
My Message Reply
Party's Message Reply

o
Action or Follow up Necessary
Refer to: File #:
Signed:

?n
lb