19990566 Ver 1_COMPLETE FILE_19990102

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
July 8, 1999
Dare County
DWQ Project #990566
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS -
R.M. Dunville
P.O. Box 427
Hatteras N.C. 27943
Dear Mr.Dunville:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres
of wetlands acres of wetlands or waters for the purpose of constructing suitable setbacks for a residential drain field at lot 2,
Hatteras by the sea, described in your application dated 2 June, 1999. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 3106. This certification allows you to use Nationwide Permit
Number 18 when 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 or areas
within 50 feet of all streams and ponds 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 Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
"VON.
Central Files
George Wood; Environmental Professionals
FcePD
990566.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer 9 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Deborah Sawyer
WO Supervisor: Roger Thorpe
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name R. M. Dunville
Project Number 99 0566
Recvd From APP
Received Date 6/2/99 Recvd By Region 6/21/99
Project Type sewage disposal repair area
County Pasquotank
County2
Region Washington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CAMA SM O 1 ON 30-22-30-1 SA F- 30,155. 0.10 F-
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? Q Y 9 N Did you request more info? p Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N Recommendation: Q Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
HOLD•
Applicant must submit a letter from Health Dept stating that the fill is required for set-back of sewage
d'sposal repair area-
cc: Regional Office Page Number 1
Central Office
file:///Untitled
got your response requesting an on-hold letter for this project pending a letter from County Health Dept. re
set-back for sewage disposal repair area. the requested fill is 1/10 acre - well below our one-third acre
threshold in rules. i see no option other than to issue since minimization is not possible. we can throw the
generic issue at the SWSMS process as an example of some of the problems in the wetland regulatory
process. the only remaining issue could be stormwater which we have triggered for other NWP 18 's in the
past (although that is a stretch as well). please advise. thankx

PAYMENt
RECM
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): NWP 18
PRE-CONSTRUCTION NOTIFICATION APPLICA ION
FOR NATIONWIDE PERMITS THAT REQUIRE: D
1) NOTIFICATION TO THE CORPS OF ENGINEERS fS' O
2) APPLICATION FOR SECTION 401 CERTIFICATION 1
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEME T/
? ??yy
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPR
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGEUp
ADDRESSES SHEET). PLEASE PRINT.
1. OWNER'S NAME: R.M. Dunville
2. MAILING ADDRESS: P.O. Box 427
SUBDIVISION NAME:
CITY: Hatteras STATE: NC ZIP CODE: 27943
PROJECT LOCATION, ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): South side of Eagle Pass Rd. in Hatteras Village
3. TELEPHONE NUMBER (HOME): 252-986-2844 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 Hatteras
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS
LANDMARKS, ETC.): South side of Eagle Pass Rd. in Hatteras.
USGS Quad Buxton
Lat- 35° 12' 00"
Long- 75° 41' 00"
6. IMPACTED OR NEAREST STREAMAUVER: Pamlico Sound
RIVER BASIN: Pasquotank
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

If'
iu ,
?? LM

7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEEPAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
Limited Transition
0
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:
6.18 Acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: t 1.0
Acre
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 1 EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: .1
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFER RELOCATION):
LENGTH BEFORE: FT AFTER:
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER:
FT
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
ruANNRT. R.YrAVATTnN• CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 %: " X 11" DRAWINGS ONLY):
To fill 4,356 sq ft of 404 wetlands. Dump truck & dozer will be used.
13. PURPOSE OF PROPOSED WORK: To provide adequate setbacks for sewage disposal repair area.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Only the area needed to provide setback for sewage disposal repair area is to be filled.
FT
FT
2
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: 5/17/99 (ATTACH RESPONSES FROM THESE AGENCIES.)
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: 5/14/99
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 ? 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
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
On site septic
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.
Geo J
OWN R'S/AGENT'S SIGNATURE
f Z-,-2 -7 1(9q
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM THE
OWNER IS PROVIDED (18g.))
4

I r
l
? j
Y t

PsB

? ? t tR?''v E y+? ? : r
,? F N >
rr ?
DOB .? ? v: ^7f. ?. ?? ls? ? 1t? •,.Oy

U y?

Durant
Point A yyE?;<`"

7
c

w n>z

Duncar
`

,,,. CeA
Point
.
DATA FORM Environmental Professionals, Inc.
ROUTINE WETLAND DETERMINATION PO Box 3368
(1987 COE Wetlands delineation Manual) Kill Devil Hills, NC 27948
Project/Site: e-.+a 1* 7, P?'e - Date:
Applicant/Owner: AM N Q ?A U.?- County:
Investi tor: a . S State: -c.
Do Normal Circumstances exist on the site? /91 Yes ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? ? Yes El No Transect ID:
Is the area a potential Problem Area? [] Yes L2SNo Plot ID:
If needed, a lain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum indicator
1. Ov 9.
2. U d -- 10.
3. co le vw(« Qe% ?? 0 H.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding
FA
C
-).
/
.
,
Remarks: Ue S e+ ?, ' S moo.?..?`-
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% 12, Inches
Depth to Free Water in Pit: 6 (in.) ? Water-Stained Leaves
,ErLocal Soil Survey Data
Depth to Saturated Soil: o (in.) ? FAC-Neutral Test
Other (Explain in Remarks
Remarks:

SOILS
Map Unit Name `yJ Qs ?vc?s
(Series and Phase): y
Drainage Class:

Taxonomy Sub ou ?-a??rrr -mss Field Observations
Confirm Mapped Type ? Yes ? No
Profile Description `
Depth_ Matrix Color Mottle Colors Mottle T:xtures, Concretions,
inche Horizon Mun ell Moist Munsell Moist Abund cc/Contr t °:-tructure etc.
O- Df

Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon
? Sulfidic Odor - - ? High Organic Content n Surface Layer in Sw-dy Soils
? Organic Streaking in Sandy Soils
Q Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions ? Listed on National Hycdic Soils List
Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present 2Yes No
Wetland Hydrology Pres?mt? Yes D No
H dric Soils Present? Yes No Is this S=,,.ling Point within a Wetland? Yes No
Remarks:

Approved by HQUSACE 2/92
DATA FORM Environmental. Professionals, Inc.
ROUTINE WETLAND DETERMINATION PO Box 3368
(1987 COE Wetlands delineation Manual) Kill Devil Hills, NC 27948
Project/Site: e-* ;2, Z ?y Date: o2(D
Applicant/Owner: e-r117. -DWh e- U AI County:
Investi ator: State:
Do Normal Circumstances exist on the site? [f 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, a lain on reverse.) I
VEGETATION
Dominant Plant S Gies Stratum Indicator Dominant Plant Species Stratum Indicator
L Of/?-"? 9.
2. `w 3 10.,
3. 11.
4. IA" c 12.
5. 13.
< 6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-). 0-2,
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
PINo 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: >(in.) ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Saturated Soil: 1'>1;7-. (in.) ? FAC-Neutral Test
Other (Explain in Remarks
Remarks: ( ?-?y?P? !a y..c's
enrr C
Map Unit Name
(Series and Phase): Drainage Class:
Field Observations
Taxonom Sub = ou : c f A- Confirm Mapped Type Yes No
Profile Description
Depth- Matrix Color :Mottle Colors
Mottle Textures, Concretions,
inche Horizon Mun ell Moist ?4unsell Moist Abund ce/Contrast Structure etc.
-3
3--/?- is }2

Hydric Soil Indicators:
? Histosol
? Histic Epipedon
? Sulfidic Odor
? Aquic Moisture Regime
? Reducing Conditions
? Gleyed or Low-Chroma Color;, ? Concre ions
? High Organic Content in Surface Layer in Sandy Soils
? Organic Streaking in Sandy Soils
? Listed on Local Hydric Soils List
? Listed on National Hydric Soils List
? Other (Explain in Remarks)
Remarks:: Z' S ?y /6 "d-
WETI AND DE1'EKM1NA'.11UN
Hydrophyde Vegetation Present t?,-Yes U No
Wetland Hydrology Present? ? Yes No
Hvdric Soils Present? ? Yes ($ No Is this Sampling Point within a Wetland? Yes No Remarks:

Approved by HOUSACE 2/92
Phone Conversation Record
Talked With:
K< <rY1 <- ( Date:
S/ l 9 Time: C?
V 5 l0
Of: National Marine Fisheries Phone [phone]
Re: Filling j3s"L sq. ft. of 404 wetlands under NWP l 9 in 'T•-? County
I laced Call 9- Party Called ?
My Message Reply
Party's Message Reply C-) K

J
Action or Follow up Necessary
Refer to:
DI- I File #:
99
Signed:
1/1/ 1//
Phone Conversation Record
Talked With:
?I,d, wu,,/ Date:
? /,<z 99 Time: AM
5L : i 6,
Of: State Historic Preservation Office Phone [phone]
i
Re: Filling J X3-5 sq. ft. of 404 wetland under NWP in 1
I laced Call Party Called ? ?-) -? --- County
My Message Reply
Party's Message Reply
D?

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

HATTERAS
d

a
1
VICINITY MAP
AREA TO BE
FILLED OR
DISTURBED
I UNDISTURBED AREA
FABRIC BURIED BELOW f
EXISTING GRADE
SILDETA LCE
NTS
NOTES:
TOTAL LOT - 6.18 ACRES
TOTAL FILL - 4,356 SQ. FT.
) ASS Ru
EAGLE
LEGEND: HOUSE
® - 1292 SQ. FT. WETLAND AREA TO BE FILLED
,I - 404 WETLANDS
• BASE MAP FROM W.M.MEEKINS, JR. do ASSOC. INC.
R. M. DUNVILLE SCALE: 1• - 40,
DATE- 5/26/
LOT 2 HATTERAS BY THE SEA JO
B NUMBER: 99-0448
NATIONWIDE 18 PERMIT APPLICATION DRAWN BY. JJ
HATTERAS DARE COUNTY NORTH CAROLINA REVIEWED: GW
ENVIRONMENTAL
PROFESSIONALS INC.
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3368
KILL DEVIL HILLS, N.C. 27948
PHONE [phone]
FAX [phone]