20011782 Ver 1_COMPLETE FILE_20011206

F WATF
O R Michael F. Easley, Governor
QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
D?
?
r Gregory J. Thorpe, Ph.D.
> -1 Acting Director
p -? Division of Water Quality
December 19, 2001
DWQ # 01-1782
Dare County
Bryan Weisbecker
PO Box 55
Kitty Hawk, NC 27949
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Weisbecker:
You have our approval, in accordance with the attached conditions, to fill 0.006 acres of wetlands for the purpose of
constructing a single family residence on your property, Lot 29, Blk 9, Bodie Island Beachs, Dare County, as described in
your application materials received by the Division of Water Quality on December 6, 2001. After reviewing your application,
we have decided that this fill is covered by General Water Quality Certification Number 3106, which can be downloaded
from our web site at htto://h2o.enr.state.nc.us/ncwetlands. This Certification allows the use Nationwide Permit Number 18
when the US Army Corps of Engineers (USACE) 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, State Stormwater 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 in writing, 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 vAth 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 tasted in the attached certification and those listed below.
1. Deed notification or similar mechanism shall be placed on all remaining jurisdictional wetlands and waters to notify
the state in order to assure compliance for future wetland and /or water impacts. These mechanisms shall be put in place
within 30 ci?-ys 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 clays of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This let-ter compLetes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone Tom Steffens in the DWQ Washington Regional Office at 252-946-6481 or Bob Zarzecki at
919-733-1786.
Attachment
cc: USACE Washington Regulatory Field Office
Wasbixjton DWQ Regional Office
File Copy
Central Files
tnce ety,
J. Thorpe, Ph.D.
rector
N. C. Division d water Qu&j 1650 Mail Sernce CerAer Raleigh. NC 27699-1650 [phone]
01-1782X- E R
Customer Service
1 800 623-7748
November 20, 2001
VIA FAX & US MAIL: [phone]
Mr. Tom Walker, Biologist
Washington Regulatory Field Office
US Army Corps of Engineers
P.O. BOX 1000
Washington, NC 27889-1000
Dear Mr. Walker:
rk r COPy
PF'r, 6 mo
As per our telephone conversation of the other day, I would like to apply to obtain a fill
permit to cover 246 square feet of wetlands on my property. Please find attached the
completed application for this project. In addition I have attached a copy of my
properties survey indicating the delineated wetlands and my proposed encroachment.
Also, as per our conversation, I have submitted 7 copies of this application and the
appropriate application fee to the Division of Water Quality. In addition, I will be happy
to submit any further data you may require.
Thank you for your assistance in this matter.
Sincerely,
an R. Weisbecker
NC Licensed General Contractor
CC: Division of Water Quality

Office Use Only:
Version October 2001
Form
DWQ No. 01 1 7 8 2
USACE Action ID No.
If any particular item is not applicable to this project, please enter "Not Applicable" or
"N/A" rather than leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
Section 404 Permit
Section 10 Permit
x/401 Water Quality Certification
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: minor fill permit
3. If this notification is solely a courtesy copy because written approval for the
401 Certification is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP)
is proposed for mitigation of impacts (see section VIII - Mitigation), check
here:
II. Applicant Information
1. Owner/Applicant Information
Name: Bryan R. Weisbecker, General Contractor, LLC
Mailing Address: P.O. Box 55
Kitty Hawk, NC 27949
Telephone Number: 252-441-5001 Fax Number: _252-441-5518
E-mail Address: builders corner@coastalnet . com
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached i nt/hee Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: nJ a
Mailing Address: n /;;
Telephone Number: n / a
E-mail Address:- n
III. Project Information
Fax Number:n I a _
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a detailed site
plan showing property boundaries and development plans in relation to
surrounding properties. Both the vicinity map and site plan must include a scale
and north arrow. The specific footprints of all buildings, impervious surfaces, or
other facilities must be included. If possible, the maps and plans should include

the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the
property boundaries outlined. Plan drawings, or other maps may be included at
the applicant's discretion, so long as the property is clearly defined. For
administrative and distribution purposes, the USACE requires information to be
submitted on sheets no larger than 11 by 17-inch format; however, DWQ may
accept paperwork of any size. DWQ prefers full-size construction drawings rather
than a sequential sheet version of the full-size plans. If full-size plans are reduced
to a small scale such that the final version is illegible, the applicant will be
informed that the project has been placed on hold until decipherable maps are
provided. Bryan R. Weisbecker, General Contractor, LLC
1_ Nameofproject: Single Family Residence
2. - T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0800 2072 5098
4. Location
County. Dare Nearest Town: Nags Head
Subdivision name (include phase/lot number): Lot 29, Blk 9, Bodie Island Beachs/c
Directions to site (include road numbers, landmarks, etc.): From intersection of Rt 12
& Old Oregon Inlet Trail, head south approx. 300 - 4001. Site
- is on West side of road. Look for contractor's sign.
5. Site coordinates, if available (UTM or Lat/Long):
(Note - If project is linear, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this
application: llpi ands are cleared and prepped for construction.
Wetlands are in their natural state.
7. Property size (acres)
132 or 14,034 s.f.
8. Nearest body of water (stream/river/sound/ocean/lake): Atlantic Ocean
9. River Basin: Pasuuotank
(Note - this must be one of North Carolina's seventeen designated major river
basins. The River Basin map is available at
h=://h2o.enr.state.nc.us/admin/mWs/.)
10. Describe the purpose of the proposed work: Construction of single
family residence, septic, repair area and pool.
11. List the type of equipment to be used to construct the project:
Manual labor.
12. Describe the land use in the vicinity of this project:
Mixed single family and commercial
If jurisdictional determinations and/or permits have been requested and/or
obtained for this project (including all prior phases of the same subdivision) in the
past, please explain. Include the USACE Action ID Number, DWQ Project
Number, application date, and date permits and certifications were issued or
withdrawn. Provide photocopies of previously issued permits, certifications or
other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a
NCDOT project, list and describe permits issued for prior segments of the same
T.I.P. project, along with construction schedules.
Wetland delineation signed 10-14-1997 by
Raleigh Bland, PWS.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the
current application:
None
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all
impacts to wetlands, open water, and stream channels associated with the project.
The applicant must also provide justification for these impacts in Section VII
below. All proposed impacts, permanent and temporary, must be listed herein,
and must be clearly identifiable on an accompanying site plan. All wetlands and
waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland
and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact
is strictly for wetland or stream mitigation, list and describe the impact in Section
VIII below. If additional space is needed for listing or description, please attach a
separate sheet.
1. Wetland Impacts
of Wetland**
ist each impact separate y an ern temporary impacts. impacts mcluae, out are not nmimu w: uic?iiwii?cu
clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both
structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA
Map Service Center at 1-800-358-9616, or online at httR•//www.fema.gpv.

*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland,
beaver pond, Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: • 1 3 9 0
Total area of wetland impact proposed: • 0 0 5 6
associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet
before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.),
excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear
footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary)
to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-
800-358-9616, or online at www.usgs.2ov. Several internet sites also allow direct download and printing of
USGS maps (e.g., www,=ozone.com, www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
None
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds,
Atlantic Ocean and any other Water of the U.S.
4. Pond Creation None
If construction of a pond is proposed, associated wetland and stream impacts
should be included above in the wetland and stream impact sections. Also, the
proposed pond should be described here and illustrated on any maps included
with this application.
Pond to be created in (check all that apply): uplands stream
wetlands
Describe the method of construction (e.g., dam/embankment, excavation,
installation of draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic,
trout pond, local stormwater requirement, etc.):
2. Stream Impacts, including all intermittent and perennial streams
en Water pact ite Number (indicate on map) I ype o pact ea o
pact acres Name o ater o y r applicable) ype o ater o y We, pond, estuary,
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be
useful to provide information related to site constraints such as topography,
building ordinances, accessibility, and financial viability of the project. The
applicant may attach drawings of alternative, lower-impact site layouts,, and
explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss
construction techniques to be followed during construction to reduce impacts.
The proposed impact cannot be avoided in order to construct
the desired residence. I have placed the septic fields in the
Eastern most portion of the lot, away from the wetlands which
results in the structure and pool being placed closest to the
wetlands.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by
the NC Division of Water Quality for projects involving greater than or equal to
one acre of impacts to freshwater wetlands or greater than or equal to 150 linear
feet of total impacts to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of
Nationwide Permits, published in the Federal Register on March 9, 2000,
mitigation will be required when necessary to ensure that adverse effects to the
aquatic environment are minimal. Factors including size and type of proposed
impact and function and relative value of the impacted aquatic resource will be
considered in determining acceptability of appropriate and practicable mitigation
as proposed. Examples of mitigation that may be appropriate and practicable
include, but are not limited to: reducing the size of the project; establishing and
maintaining wetland and/or upland vegetated buffers to protect open waters such
as streams; and replacing losses of aquatic resource functions and values by
creating, restoring, enhancing, or preserving similar functions and values,
preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be
attached in order for USACE or DWQ to consider the application complete for
processing. Any application lacking a required mitigation plan or NCWRP
concurrence shall be placed on hold as incomplete. An applicant may also choose
to review the current guidelines for stream restoration in DWQ's Draft Technical
Guide for Stream World in North Carolina, available at
html.
h=://h2o.enr.state.nc.us/ncwetlands/strTng-ide.
1. Provide a brief description of the proposed mitigation plan. The
description should provide as much information as possible, including, but not
limited to: site location (attach directions and/or map, if offsite), affected
stream and river basin, type and amount (acreage/linear feet) of mitigation
proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.),
and a description of the current site conditions and proposed method of
construction. Please attach a separate sheet if more space is needed.
n/a

2. Mitigation may also be made by payment into the North Carolina
Wetlands Restoration Program (NCWRP) with the NCWRP's written
agreement. Check the box indicating that you would like to pay into the
NCWRP. Please note that payment into the NCWRP must be reviewed and
approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if
payment into the NCWRP is available as an option. For additional
information regarding the application process for the NCWRP, check the
NCWRP website at hhm://h2o enr state nc us/wry,,/index.htm. If use of the NCWRP
is proposed, please check the appropriate box on page three and provide the
following information: N/A
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):-
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):-
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public
(federaUstate/local)1
Yes l No/
If yes, does the project require preparation of an environmental document
pursuant to the requirements of the National or North Carolina Environmental
Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA
document is required, call the SEPA coordinator at [phone] to review
current thresholds for pnvnytirnental documentation.
Yes (>/ N/A
If yes, has the document review been finalized by the State Clearinghouse? If so,
please attach a copy of the NEPA or SEPA final approval letter.
Yes No N/A
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all
impacts to required state and local buffers associated with the project. The
applicant must also provide justification for these impacts in Section VII above.
All proposed impacts must be listed herein, and must be clearly identifiable on the
accompanying site plan. All buffers must be shown on a map, whether or not
impacts are proposed to the buffers. Correspondence from the DWQ Regional
Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B
.0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250
(Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )?
no
If you answered "yes", provide the
Identify the square feet and acreage of impact to each zone of the riparian buffers.
Lf buffer mitigation is required calculate the required amount of mitigation by
applying the buffer multipliers.
* one exten s out eet perpendicular om r
additional 20 feet from the edge of Zone 1.
one pact square eet u tip er Required Mitig

a? n ez anne - one extends an
in
If buffer mitigation is required, please discuss what type of mitigation is proposed
(i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /
Enhancement, Preservation or Payment into the Riparian Buffer Restoration
Fund). Please attach all appropriate information as identified within 15A NCAC
2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on
the site. Discuss stormwater controls proposed in order to protect surface waters
and wetlands downstream from the property.
Stormwater will not be significantly affected by
this residence.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment. methods and disposition (non-discharge or
discharge) of wastewater generated from the proposed project, or available
capacity of the subject facility.
Sewage treatment is via septic system kept to the
East end of the lot furthest from wetlands.
1. Violations.(DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any
Buffer Rules?
Yes gN
Is this an after- - act permit application?
Yes No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance

of desired construction dates to allow processing time for these permits.
However, an applicant may choose to list constraints associated with construction
or sequencing that may impose limits on work schedules (e.g., draw-down
schedules for lakes, dates associated with Endangered and Threatened Species,
accessibility problems, or other issues outside of the applicant's control).
11-26-of
App ' ?genfs Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
111 ?
es a an s urvey
by Cummins Surveying w.,w,d.
'404' Wetlands line
(by others)
? s•e,by ?_o
N 1248'26•
(A-i) 34.29'
E
M _

(A 2)
20,38'

`m tv ro
(A-2) to (A-3) 9
'
'
'
N 89
48
2PE 26.30 A-3
ImBO
(A-3) to (A-4) 8e is

N26'22'39"E 13.57' N
to 14j
(
(A-4) to (A-5) to m
N 57'16'03'W 28.18' Co 248
303 e•}.
by - Wetlands tod
i

Wetland be M
nd
permit
1.7' approval. r
Edge of Vlrenla Electric
_ - - - (_ and Power Easement
?.
Lot 29 I
DR 979, PG 127 Lot 30
S W tl d S (easement)
Manspsmenl Monument Me 1, PO 143
- r' 94.33'
^?- N 27t12'00' W \N 21'12'00'W _60.00'
(easement) 6p 00 I _ _---i
F
deed ref, not found - A' - -
\ Concrete 9 I Overhead electrical
power pole m I '' transmission Imes
1
National Park Service ; PC-D-, SL 61
- Bureau of Land
'"an r o %%% VlClnit Ma .t.S.
Restrictive covenant setbacks (If anyS are not shown. y p n
SURVEYOR'S CERTIFICATE
5
,. o

1, Robert C. Cummins, certify that this plat was drawn under
>
LO
To Maniac
my supervision from an actual survey performed under my y ere
supervision, based on Information recorded In MB1, PO 143 -
that this plat was prepared In accordance with the "Standards m ( J
N
of Practice for Land Surveying In North Carolina" as amended.
Witness my original signature, stratlon number and seal
atS?VS7?r
this 19th
day November, 209A`;OAN CAq
??
Q(
?
y
'
/ ? ?FES3?p
Q
/" ?
;
EA This survey was performed without
.
.. -
- benefit of a title opinion which
Robert C. Cummins 9 sy 02 may reveal dead restrictions, re-
Registered Land Surveyor"-y?f Co eirictive covenant requirements
and easements not show on this
C plat.
3?
-P0Vd- ,f
Zdo,4r4t
,4*-&t a
Acriye-
ge17
b3 t-
10
Set wooden stake (typ.)
ak
wetlands point (typ.)
Notes:
Total Uplands = 7,978 s.f. by c-c
? f Wb STO?¢ f
r.
w ? ?2A'"f`'- L16HSa?
clvGr(
a
Goa
m
z
N 21'09'69' W to existing Iron rod
i 148.88'
I N 21'10'38' W to existing Iron rod
199.93'
N 20'47'17' W to D.O.T. R/W monument
._ I 284.01' (at U.S. 64/284)
V y 50.00' C !? 8 21'12'00' E 50.00' -?
S 2712'00' E 77/
ter- Old Oregon Inlet Trail 100' R/W ?-'
o Firs hyd
c/I ditch
Edge of pavement

SURVEY
for
Brian Weisbecker, General Contractor, LLC
of
Lot 29, Block 9, Bodie Island Beach Subdivision
In
Nags Head---Nags Head Township---Dare County---North Carolina
Reference... .: Me 1, PG 143 - LEGEND - CUMMINS SURVEYING
. ----
n
Flood K. Existing Conc. Mon. 3116 Croatan Hwy.
FIRM .. . . . . . . .375358 0011 C
PIN........ . .- ;. - - - • Existing Iron Rod P. O. Box 2794
Zoning ..... ... C-2 KILL DEVIL HILLS
Field Date .. .. September 15, 1997 O Set Iron Rod NORTH CAROLINA
Scale ...... .. .1e = 50' 27948
O
Area....... Existing Iron Pipe
. , .14,034 s.f. by c-c
[phone]
File # ... - .. ...01328s
Fieldbook/Page DC
25 0 feet 50