20011546 Ver 1_COMPLETE FILE_20011021

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
January 22, 2002
DWQ# 01-1546
Hyde County
Earl S. Younce, Jr.
P.O. Box 7
Avon, NC, 27915
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Younce:
You have our approval, in accordance with the attached conditions, to place fill in 0.06 acre of wetlands in order to
construct a residence on your property in Hyde County, as described in your application received by the Division of Water
Quality on October 21, 2001, and in additional information received December 14, 2001. After reviewing your application,
we have determined that this fill is covered by General Water Quality Certification Number 3106, which can be downloaded
from our web site at http://h2o.enr.state.nc.us . This Certification allows you to use Nationwide Permit Number 18 when it is
issued by the U.S. Army Corps of Engineers. 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, 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 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 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 as well as the additional conditions listed below:
1. Deed notifications or similar mechanisms shall be placed on all 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 this 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 hftp://h2o.enr.state.nc.us/ncwetlands.
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 Tom Steffens or Deborah Sawyer in our Washington Regional Office at 252-946-6481 or
Cyndi Karoly in Raleigh at 919-733-9721.
Attachments
Si rely,
F.ryorpe, P ,
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
Central Files
File Copy
011546
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)
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I. Processing
I - Check all of the approval(s) requested for this project:
Section 404 Permit
Section 10 Permit
401 Water Quality Certification
Riparian or Watershed Buffer Rules
2. Nationwide, Regional or Gcneral Permit Number(s) Requested: /' 4--Tio'`r?." JLC
3. If this t od&,-ation is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 7
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check'here: ?
H. Applicant Information
1. Owncr!Applicant Information
Name: EA1 L- S, YOc/&ee k .
Mailing, Address:-- P. v. f K ? R•vo/%!
Telephone Number .2 S.2 - 901 ? 9 r2 Fax Number: Z - ? Q
,E-111-041 Acl . s:- '09V,"
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
------
Company Affiliation:
_? f
Mailing Address:
Telephone Number:
E-mail Address:
Page 3 of 12
Fax Number:
PAYMENT
If any particular item is not ;gip alit l lc t,L, tt;i,s a; oj=c
leaving the space blank please eater "Nat Applicable" or "N/A" rather than
i
III. Project Information
"- Attach a l•icinity map clearly shv'h'.1
landmarks such as towns, ri%'cn, g the location of the property with respect to local
boundaries and development an?i loads- Also Provide a detailed site plan showing property
and site plan must iMI de a slr ? _ g Properties. Both the vicinity ma
impervious surfaces, or other fac
4W- '
ust be included The sPecific footprints of all buildings,
al north w'
ilities m
include the appropriate USGS To Possible, the maps and plans should
boundaries outlined. plan drawings, P o other Quad MRCS Soil Survey with the property
so long as the ?Y be included at the
property is clearly defined. For administrative
and distribution a?btion Pution ps discretion,
USACE requires information to be submitted on sheets no larger urposes, the
however, DWQ may accept paperwork of any size. DWQ prefers full-size constriction
reduced to a q t version of the full-size platys, if full-size plans are
Il scale such that d-x final version is illegible, the applicant will be informed that
tlvc p:g1cct has been placed on phold until decipherable maps are provided.
1. Nxi;c tlt p ;ti?.^Mt. / 7 L/?/V C G _ w
2. T.I.P. Project N:.mbcf NC DOT Only)---
3. Propciiy ldcntrficaiic ri Muriber (Tax P
: -r/l4
4. Location
Qxu11Y~___HVLhe_ Nearest Town: OCh?
Subuivxsaon narne (include Phase/lot number): tog If S v $d ?iaGv
DtrW-MS to site (include road numbers. landmarks, etc.): vri? 14.1
0- Tz f 7*4, /VexT ?„t!
Le a? ?D?..?

5. Site c,, if available (UTM or Lat/Long):____
(Ntc ' tt'crlect as l near such as a road or utility line, attach a sheet that separately lists the
Y: GY: CSl>S$;! t `1 e)'+i?st .StC+tv---j )
b. Dascnbe the existing land use or condition of the site at the time of this application: Bu a Jd)
-'5!11 7__- _
7. Property size (acres):
Nearest body of water (strearn/river/sowed/ocean/lake : /
River Basin: aC I e, 6 '01 1/,e.v
(Note - this must be one of North Carol'ina's seventeen designated major river basins. The
River Basin map is available at .hthr/?n2o.enr state nc us/admin/maps/.)
Page 4 of 12
10. Describe the purpose of the propvo -.J -work-: ILPS .c>"7,t
it.
11. List the type of equipnima to be used to construct the project: ,OZIerK d-Ty c-Td?
12. Describe the land use in the vicinity of this project: e*S . VN??us1o
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (umclading all prior phases of ffie same subdivision) in the past, please explain. Include
tl-4)e USACE Action ID Number, DWQ Project Number, application date, and date permits and
c . `t tx=s were issued or u^idhdra%wi. Provide photocopies of previously issued permits,
cr,U;1,K 4r s;,,s ,.- other useful aifonmtion. Describe previously approved wetland, stream and
buffer impacu, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe; p -mm.,,s Lssucd for prior segments of the same T.I.P. project, along with
construction sche&ks.
V. Future Project Plans
Are any awl venal permit requests anticipated for this project in the future? If so, describe the
anticipatc4 wick, and provide justification for the exclusion of this work from the current
appbcatim) AZO
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 irilpacts 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.
Page 5 of 12
1. Wetland Impacts 3f 00 sq. k.. :: 4, 6t
0.
4 ._ r • } } cmpu .sr} rmpa...s. impacts include, but arc not limited to: mechanized clearing, grading, fill,
«caYs°, i.c ,ng, ditching/drainage, etc For dame, separately lis t impacts due to both structure and flooding.
€ Ycm floo-4platrc are identified through the Fcdcral Emergency Management Agency's (FEMA) Flood Insurance Rate maps
if"), *r ?'EUA-*pprovcd local fioo pima maps. Maps are available through the FEMA Map Service Centcar 1-80035WI6,or
tit 1we az;t:t?r+ ""Mm ifM Q..%:,
List a wetland type that best des:r;bcs w•rtland to be impacted (e.g., freshwaterlsaltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
Wetland Impact
Site Number
(indicate on ma
Type of Impact* A.ca of
l Impact
a facie s} Located within
lWycar Floodplain-
(?rs.nol Distance to
Nearest Stream

(linear feet
Type of Wetland***
-1 D. o G"i.-1?19M
a ..T- 1-ct' w cy /r)

• List c44h :TNLZ! sc a,a!c' and rdcn + r ^ -
List the total acreage (estimated) of existing wetlands on the property:_ D. Q 6
Total area of wetland impact proposed: rep
2. Stream Impacts, including all intermittent and perennial streams
eac tmpac separate y and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both stricture 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.uses.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.maoauest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: Al Ov
Stream. Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)

* List h ' t 1
94-.S`f
Page 6 of 12
3 Open Water Impacts, incluiljr:g Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and an
other Water of the G'. S. y
Open Water impact
Site !\?umber 'fit= 01
Type of irnp sct• lstpact Name of Waterbody Type of Waterbody
indicate on ma (acres) (if applicable (lake, and estua
P ry, sound,
ba ,ocean, etc.)
List each impact separately and identify tentporar} Hiaa?ts Impacts include, but are not limited to: fill, excavation, dredging,
n°c'din$• d:air,age, bulkheads, etc.
4. Prod Creation
00"11 11 of a pond is proposed,
included above in the wetland and stream rtxrp act?secti nsand and stream
?, the impacts should be
the poPad pond should
be described hem jtM diugi?ted on any maps included with this application.
t' Fond to be CrCaued
(cbeck all that apply): ? uplands
Describe the method of constriction (e.bQ. ? stream ? wetlands
draw-down valve or spillway, etc.): dam/embanJanent, excavation, installation of
Proposed use or purpose of and e. .
local stonnwater requirement, ec.): (g , livestock watering, imgation, aesthetic, trout pond,
Size of watershed draining to pond:
_ Expected .pond. surface.area:_
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
rt.ar:.cial ordinances
?sabilitl of the p
sage oect. Ilre r?plicuit n>ay attach dra?ving of , accessibility, and
layouts, and explain wiry these design options were not feasible a.ternative, lower-impact
were minimized once the desired site plan was developed. If applicaAlso s ble, diiscussh onstruuctio
techniques to be followed during constnicfion to reduce impacts.
7/?eI-Y
-s Goc„ ?--
?ii?1 V
VIII. Mitigation
if. DWQ - In accordance with 1 S A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects nmvolving 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, nitigation 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 lii ited to: reducing the size of the project; establishing and maintaining wetland
",'or upland vegetated buffers to protect open waters such as streams; and replacing losses of
amt c rt urce functions and values by creating, restoring, enhancing, or preserving similar
ArAxkxu xxi aloes, preferable in the same watershed
If mitigation is m4u rod fos th:s 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 Aran Teclmt?ical Guide for Stream ;Work, in North Carolina, available at
httn:4l1}??.. ,r,ate.nc.t?s'ncvretlandt;isttmeide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as n ti information as possible, including, but not limited to: site location (attach directions
and/or :nag, if offsite), affected stream and river basin, type and amount (acreageAinear feet)
of me-,,-ahon proposed (restoration, enhancement, creation, or preservation), a plan view,
press a n mechanism (e.g., deed restrictions, conservation easement, etc.), and a
descnpu, )n of the current site conditions and proposed method of construction. Please attach
a scNrm-
if more space is needed.
Page 8 of 12
41 2. Mitigation may also be nutdc by payincnt into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
it- 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 tic review process by the 401/Wedmds Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP webslte at htin:/lh2o.enr.mte.nc.us/wrr)/index.h If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
(i Amount of stream mitigation requested (linear feet):
,V Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amoutit of Non-riparian wedwid mitigation requested (acres):
Artiount of Coastal wetland mitigation requested (acres):
M Environ ntal Documentation (DNN'Q Only)
Does the proyet ?7.vo!,ve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an : environmental document pursuant to the
requirem=ts 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 environmental. documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of dw NEPA or SEPA final approval letter.
Yel ? No ?
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, )?
Yes ? No V If you answered "yes", provide the following information:
Pace 9 of 12
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the recluired amount of mitigation by applying the buffer
multipliers.
Zone* (r ImUarC pa fcst) Multiplier Mitigation
I 3
2 1.5
Total
• Zone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.
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
Pa)m t into the Riparian Bur7er 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.
r- 6L P do, kOJ
0 -' tto Pet3 2' Cks fcrlJA," d- APA-o.
XIL Sewage Disposal (DWQ Only)
Clearly icud the ultimate treaLment methods and disposition (non-discharge or discharge) of
wastewater generated from the roposed project, or available capacity of the subject facility.
ST Te C yST??w
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact pernut a plication?
Yes ? No
Pave 10 of 12
XIV. Other Circumstances (Optional):
V.
It is the applicant's responsibility to subn t 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 applicants control).
il Date
an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee IredeIl Mitchell Union
US Army Corps of Engineers Avery Clay - Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) $76-9441 Davidson Guilford Person Warren
Fax [phone] Davie Halifax Randolph Wilkes
W
ory Field Office Beaufort Currituck Jones Pitt
Ungineers Berrie Dare Lenoir Tyrrell
Po
: Camden Gates Martin Washington
W89-1000
: Carteret* Green Pamlico Wayne
Te1616 Chowan Hertford Pasquotank
Fa Craven Hyde Perquimans *Croatan Natio nal Forest Only
Wilminry Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax [phone] Cumberland New Hanover Scotland
Page 11 of 12
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11111111111141111111 lilt I III 111 11 11111111111 IIIIIIIIIIIIIhil
F WAIF
\O?O RQG Michael F.-Easley
Governor
co f William G. Ross, Jr., Secretary
> Departrnent of Environment and Natural Resources
5 Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
November 8, 2001
Hyde County
DWQ Project No. 01-1546
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Earl S. Younce, Jr.
P.O. Box 7
Avon, NC, 27915
Dear Mr. Younce:
On October 21, 2001, the NC Division of Water Quality (DWQ) received your application for a 401 Water Quality
Certification for 0.06 acre of fill proposed on your property in Hyde County. k-;sufficient information has been provided in
order for us to complete our review. Specifically, please provide the following materials so that we can complete our review
of your application:
• Please provide a site plan clearly illustrating the fill area and its dimens>a-is:
• Please provide a vicinity location map illustrating the location of the propeety in relation to local municipalities or
landmarks.
Until the information requested in this letter is provided, I win request (by copy, of this letter) that the Corps of Engineers
place this project on hold. Also, this project will be placed on hold for our prcy?rsing due to incomplete information (15A
NCAC 2H .0507(h)).
Thank you for your attention. if you have any questions, please Cyncii K?oly in oL r Central Office in Raleigh at (919)
733-9721.
Sincere
Domey
I
cc: Corps of Engineers Washington Regulatory Field Office
Washington DWQ Regional Office
File Copy
Central Files
011546
North Carolina Dive,+cn &V'later Quality, 401 Wetlands CerVzaftn Urit
1650 Mali S-^ric;e- C Pz"M, NC 27699-1650 (Mailing dress)
2321 Cratfir-:.-- E W-, RaW(Jr, NC 27604-2260 (Location)