20010733 Ver 1_COMPLETE FILE_20010515

O?0 W ATF9QG Michael F. Easley
Governor
r William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 12, 2001
DWQ# 01-0733
Dare County
Edward J. Scarborough
P.O. Box 145
Avon, NC, 27915
APPROVAL of 401 Water Quality Certification
Dear Mr. Scarborough:
You have our approval, in accordance with the attached conditions, to place fill in 0.01 acre of wetlands for the purpose
of residential fill on your property in Dare County, as you described in your application received by the Division of Water
Quality on May 15, 2001. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 3106, which can also be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands . This
Certification allows you to use Nationwide Permit 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 Watershed regulations. Also this approval will
expire when the accompanying 404 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. If you change your
project, you must notify us and you may be required to send us a new application for a new certification. 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. 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). For this approval to be valid, you must follow the conditions listed in
the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 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 Cyndi Karoly at 919-733-9721 or Tom Steffens in DWQ's Washington Regional Office at
252-946-6481.
Sincerely,
Kerr T. Stevens
Attachment
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
File Copy
Central Files
Charles Thomas Corpening, P.O. Box 831, Avon, NC, 27915
010733
North Carolina 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)
,In on 47oC /..1..,..-% non -/nn Conn /[....\ L.H 1/6n.. n..-..-....,..,.. I.........N.....l..I
MEMORANDUM
TO: John Dorney Regional Contact: Tom Steffens
Non-Discharge Branch WO Supervisor: Roux There
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Edward J. Scarborough County Dare
Project Number 01 0733 County2
Recvd From APP Region Washington
Received Date 5115101 Recvd By Region
Project Type residential
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
ME
Type Type Impact Score Index Prim. Supp. Basin Req. Req. _

OTH
Y O N
O
30-22 SA HQw
30,155. 0.01
N °'
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y t0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y Q N Recommendation: QQ Issue 0 Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Received WaR015 May 01. No site visit. Recommend Issue with no conditions
cc: Regional Office
Central Office Page Number 1
?" 010733
DEM ID: vpTtPS ACTION ID:
NATIONWIDE PERIkII`kF?QUESTED (PROVIDE NATIONWIDE PERMIT #)
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 TH THE APPROPRIATE
FIELD OFFOCE 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. OWNERS NAME: Edward J. Scarborou i
2. MAILING ADDRESS: P.O. Box 145
SUBDIVISION NAME:
CITY: Avon STATE:_N.C. ZIP CODE: 27915
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Parcel on CC Deering Rd Hatteras, NC Pin # 06 9595 17 00 5351
3. TELEPHONE NUMBER (HOME):( 252) 995- 5016 (WORK). [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICAL, ADDRESS,
PHONE NUMBER: Charles Thomas Cog ening P.O. Box 831 Avon N G 27915
Phone number [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLYA COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Dare NEAREST TOWN OR CITY: Avon
P?,`!??rr!T
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.). CC Deerin&Rd Hatteras NC (see attached map)
6. IMPACTED OR NEAREST STREAM/ RIVER: Pamlico sound
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HOW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-11)? YES O NO (X) IF YES, EXPLAIN:_._
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ( ) NO (X)
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?
nservation
8a HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO (x) IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS
PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION) :
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES ( ) NO (x) IF YES, DECRIBE ANTICIPATED WORK:
9a ESTIMATED TOTAL NUMBER OF ACRES IN TACT OF LAND: .47
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.08
2.
10& NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.01 EXCAVATION: N/A
FLOODING: N/A OTHER: N/A
DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.01
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): FT
WIDTH AFTER: FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: 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'/2" X 11" DRAWINGS ONLY):
Fill wetland area with suitable material. Fill to be brought in by dump truck and spread by backhoe &
13. PURPOSE OF PROPOSED WORK: Make site suitable for installation of Private Waste Water System
3.
14. STATE REASON WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Wetland must be be filled to obtain rNuired separation from wetlands for installation of Waste Water
Treatment System.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVISE (NMFS) (SEE AGENCY ADDRESS 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:
(ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESS SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES ( ) NO (X) (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 ADMINISTRARION STATE CLEARINGHOUSE?
YES ( ) NO ( )
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRITE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
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].
4.
18. ACTIVITITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL 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
EQUALS50 FEET OR 1 INCH EQUALS 100 FEET THE FOLLOWING ITEMS SHOULD BE
INCLUDED WITH APPLICATION IF PROPOSED OF 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 IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Private Waste Water System.
f. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS 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 WAICER 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
MANAGEMANT PROGRAM.
_OWi IER'S / A S SI TURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18&)
DATE
5.
AGENT AUTHORIZATION FORM
FOR
CORPS OF ENGINEERS PERMIT APPLICATION
I, ?L?l/Arei? .xAC?GQYxCy the undersigned authorize Charles T. Corpening
to act as my agent to obtain a pennit for work as described in the attached application &
plans.
Sincerely,
GU XDate?? ??
HATTERAS,
PAMLICO
o% J SOUND
From To Bearing Distance
Al A2 S 68°34'46" E 21.08'
A2 A3 N 76°43'05" E 16.40'
A3 A4 N 15°09'13" E 20.98'
A4 AS N 21055'29"W 11.73'
AS A6 N 37°00'06" E 14.83'
A6 A7 N 46°59'33" E 27.51'
A7 A8 N 47°27'54" E 21.48'
A8 A9 N 47°27'54" E 2.92'
\\ LVCAIION SKETCH, NOT TO SCALE
Note: Survey based upon physical evidence found as shown.
Meridian for survey based upon recorded bearing S 45°00'00" W
for line A-B per DB 61, PAGE 497. /
LEGEND
O EXISTING CONCRETE MONUMENT
O EXISTING IRON STAKE ® UTILITY POLE L ???a
W WATER METER 5\ O
® 0
04-0 NT
• SET IRON STAKE ?` l L
/
qA%
/
?`Il
1AZ
Ok

m
V
? a
' ' b?Q• \?0? ?o4ib ? \\
From To Bearing Distance
B1 B2 S 6°24'37" E 12.55'
B2 B3 S 60°55'35" W 23.17'
63 64 N 55°43'13" W 16.10'
B4 B5 N 39°56'47" E 15.18'
B5 B1 N 82°18'46" E 22.62'
PV + - s
? LO

11
y!o
k p??
?F .P tiF
Lti' _ ? ?FB?-?G-P
ePROPOSED , 0`10
?-
ETI FILL AREA - '?
2?f ?a
{ I 14 3. 1?) s It 82
Y
8l
J !>
I IIGI (LAND 2
16,752.87 sq fl J - 0A
LOT 1°? J A8 _ A9
9?6F / LOT 2
96,, J 0.47 acres A7 f
(C7 W ETLAN6 2A
20,322.39sgft 3,0701S3sgIt
HIGHLAND ! ?lC SIC
%, y'??. • A6',
?46ETLAND
SAMME MINT SAMPLE POINT
AS < A4?
Al \ ? \ A2 ? Ind Pcy
I
I
/ I
O
6
40 30 20 10 0 40 80
Freddy D. Rankin, PLS FILL PLAN FOR
50232 S. Buccaneer Dr., PO Box 121
Frisco, NC 27936-0121 EDWARD SCARBOROUGH, JR.
[phone] Fax [phone]
LOT 2
CHARLES LEROY BROWN DIVISION
HATTERAS, NC 27943
Township County State
HATTERAS DARE NORTH CAROLINA
Date File Number F.I.R.M. Zone Pin Number jeafi0on
04/17/01 2224-WL AE 06 9595 17 00 5351
Scale FB/Pg Base Flood Elevation Zoning
1" = 40' 072147 6.00' R-2A
Recorded Reference Community/Panel/Suffix Average GrouD61, PAGE 497 375348 0860E 14.0'
North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
Mr. Edward Scarborough July 27, 2001
P. 0. Box 145
Avon, NC 27915
e??
NCDENR
Re: DWQ ID No.10733, Nationwide Permit Application
for an activity in Dare County
Dear Mr. Scarborough:
The North Carolina Division of Coastal Management has reviewed your application,
dated 05/08/2001, for a 401 Water Quality Certification, pursuant to Section 307 of the
Coastal Zone Management Act of 1972, as amended. Based upon our review, we have
determined that the proposed activity is consistent with the North Carolina Coastal
Management Program subject to the following conditions:
The activity described in your application will require the issuance of a U.S.
Army Corps of Engineers Nationwide Permit, Number 18, under 33 CFR Part
330. Any niodification of your proposed activity, or change in the Nationwide
Permit Number that you are seeking, will require an additional review for
consistency by this office.
2. Since the activity that you propose involves impacts to waters and/or wetlands, a
401 Water Quality Certification must be obtained from the North Carolina
Division of Water Quality, which our records indicate you have already received.
Please understand that this letter does not relieve you of the responsibility to ensure that
all other applicable State authorizations and/or permit requirements are met prior to
implementation of the project. Please feel free to contact me at [phone] if you
have any questions or need further assistance.
Sincerely,
? r
Ted Sampson
District Manager
TS/dh
Cc: Charles S. Jones, Assistant Director, DCM,
Caroline Bellis, Federal Consistency Coordinator, DCM, Raleigh
Wilmington District Engineers; Raleigh Bland
Jolui Dorsey, Water Quality Section, DWQ, Raleigh
Charles Thomas Corpening, PO Box 831, Avon, NV 27915
Elizabeth City District \ 1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc,us
North Carolina
Department of Environment and Natural Resources •
Division of Coastal Management ? AT(IaMichael F. Easley, Governor
NCDENR
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
Brent Hollowell July 23, 2001
858 W. Kitty Hawk Road
Kitty Hawk, North Carolina 27949
Re: DEM ID Number 010969
Nationwide Permit Application for Fill Activity in Dare County
Dear Mr. Hollowell:
The North Carolina Division of Coastal Management has reviewed your application, dated,
06/12/01, for a U.S. Army Corps of Engineers Nationwide Permit, pursuant to Section 307 of the
Coastal Zone Management Act of 1972, as amended. Based upon our review, we have determined
that the proposed activity is consistent with the North Carolina Coastal Management Program
subject to the following conditions:
1. The activity described in your application is for the issuance of a U.S. Army Corps of
Engineers Nationwide Permit, Number 18, under 33 CFR Part 330. Any modification of
your proposed activity, or change in the Nationwide Permit Number that you are seeking,
will require an additional review for consistency by this office.
2. Since the activity that you propose involves impacts to waters and/or wetlands, a 401
Water Quality Certification must be obtained from the North Carolina Division of Water
Quality, which our records indicate you have already received.
Please understand that this letter does not relieve you of the responsibility to ensure that all other
applicable State authorizations and/or permit requirements are met prior to implementation of the
project. Please feel free to contact me at [phone] if you have any questions or need further
assistance.
Sincerely,
'XTed Sa son
District Manager
TS/lm
Cc: Charles S. Jones, Assistant Director, DCM, Raleigh
Caroline Bellis, Federal Consistency Coordinator, DCM, Raleigh
Wilmington District Engineers; ATTN: CESAW-CO-E
John Dorney, Water Quality Section, DWQ/Raleigh
Elizabeth City District \ 1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr. state. nc. us
North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
Brian Volk and Tammy Rankin
200 E. Driftwood Street
Nags Head, North Carolina 27959
Re: ACTION ID Number 200110910
Nationwide Permit Application for Fill Activity in Dare County
Dear Mr. Volk and Ms. Rankin:
July 23, 2001
The North Carolina Division of Coastal Management has reviewed your application, dated,
06/15/01, for a U.S. Army Corps of Engineers Nationwide Permit, pursuant to Section 307 of the
Coastal Zone Management Act of 1972, as amended. Based upon our review, we have determined
that the proposed activity is consistent with the North Carolina Coastal Management Program
subject to the following conditions:
1. The activity described in your application is for the issuance of a U.S. Army Corps of
Engineers Nationwide Permit, Number 18, under 33 CFR Part 330. Any modification of
your proposed activity, or change in the Nationwide Permit Number that you are seeking,
will require an additional review for consistency by this office.
2. Since the activity that you propose involves impacts to waters and/or wetlands, a 401
Water Quality Certification must be obtained from the North Carolina Division of Water
Quality, which our records indicate you have already received.
Please understand that this letter does not relieve you of the responsibility to ensure that all other
applicable State authorizations and/or permit requirements are met prior to implementation of the
project. Please feel free to contact me at [phone] if you have any questions or need further
assistance.
Sincerely
Ted Sig son
District Manager
TS/lm
Cc: Charles S. Jones, Assistant Director, DCM, Raleigh
Caroline Bellis, Federal Consistency Coordinator, DCM, Raleigh
Wilmington District Engineers; ATTN: CESAW-CO-E
John Dorney, Water Quality Section, DWQ/Raleigh
??A
NCDENR
Elizabeth City District \ 1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us