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HomeMy WebLinkAbout20011843 Ver 1_COMPLETE FILE_20011217", OF O Mr. Glenn Sandlin 2061 Mayflower Drive Silver Spring, MD 20905 Michael F. Easley, Governor Alan W. Klimek, P.E. Director Division of Water Quality William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 12, 2005 DWQ Project # 01-1843 Dare County Subject Property: Lots 33 and 34, Indiantown Shores subdivision Frisco, NC Approval of 401 Water Quality Certification with Additional Conditions, Dear Mr. Sandlin: MODIFICATION You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.1 acres of wetlands for the purpose of constructing homes at the subject property, as described within your application dated February 21, 2002 and received by the N.C. Division of Water Quality (DWQ) on February 25, 2002 as well as your subsequent request dated September 7, 2005. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 18 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and Coastal Stormwater Permitting regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification replaces one issued to you on February 26, 2002. This approval is 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. 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 fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are meta No other impacts are approved including incidental impacts: Amount Approved nits Plan Location or Reference 404/CAMA Wetlands 0.1 (acres) Site plan 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919.733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands None Carolina ara!!{m An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Glenn Sandlin Page 2 of 3 September 12, 2005 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This Certification shall expire upon expiration of the associated 404 Permit. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that Glenn Sandlin Page 3 of 3 September 12, 2005 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 in the Central Office in Raleigh at 919- 733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, AWK/jrd Enclosures: GC 3402 Certificate of Completion cc: USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files imek, E. Filename: v 09,/01/2005 THi 06:56 FAX ?l J 18L1? U001/005 SEP-1-2005 THU 05:36 TEL:9197336893 NAME:DWQ-WETLANDS P. 1 W 0Q/01/2005 THt 06:56 FAX ?0 To: John Dorney, DEN"R DWQ unit 401 Fax number: 919733-6893 Date: 9/1/2005 U002/005 A facsimile from Glenn Sandlin 301-879-1509 Regarding: extension of permit for Project 01-1843, Indiantown Shores, Frisco Comments: 3 pages follow Thank you for our discussion on 29 August. Copies of these documents have also been mailed. SEP-1-2885 THU 85:36 TEL:9197336893 NRME:DWQ-WETLANDS P. 2 09/01/2005 THt 06:57 FAX U005/005 U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: ? I d o2? County: 04 •? Notification of Jurisdictioual Determination Property owner/Authorized Agent f e ?- 5 ,1 Address T o y T e t 11 s ,?- 51- A Al ?xrx.r U,, Z12 Telephone Number Size and Location of Property (waterb)ody, Highway name/number, town, etc.) ! 2 n ,--k --k e 7rr I o c a 7,-- (A) G f /l) C / Z ,7 Lt) p S; f 2 -y ? .s , 1 S c t Indicate which of the following apply. • There are wetlands on the above desc " property which we strNvgly, suggest should delineate surveyed. The s yed wetland lines must be ied by our staff b re the C will make a final j fictional determination on your 15roperty. • Because of the size of your roperty and our present workload, our identification and delineation of your wetlands c be accomplished in a timely manner. You T wish to employ a consultant too n a more timely ilelineati the wetlands. Oncq-yta consultant has flag a wetland a on the property, Co staff will review it, 1h it is accurate, w ongly reco end that you have the 1" surveyed for final appr by e Corps. The rps will not e a final jurisdictional determination on your property witho?t an approved survey. Gs 51 vL; c ? The wetland?on your lot have been delineated,uand the lilk; of Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed twee years from the date of this notification. f :o e. There are no weft s present on the above described property which are subject to the geg reuiremen Sectiof e Cler Act (33 USC nless there is a in n y be relied upon for a peri not to ro the la r our published regulatio ,tstidete e eed three years from the date f tis fication. The project is located in one of the 20 Coastal Counties. You should contact the nearest State Officc of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact at Z - Z6 Property owner/Authorized Agent Si Project Manager Signature --? ! - - a c, Expiration Date z Date 3 1' SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND - DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FI)LE) COPY OF THE (S FORM, q ??1}!/y' q ?.2 / t? :I/;' s ?.r•r •.--C/f ?? ?' ?%,c9 ?LJ r 'f % ?!/(' I .c.L/ ? ? •? Cr CJ ? ?J ? r lu--.-aP ?r. +?r •? c4 CESAW Form 566 d l l n •{ j? % rr. l ti fi e tr. N ! f- / f e.r .! J x i f ?J , ! / O I `.re- 1 OCT 92 SEP-1-2005 THU 05:36 TEL:9197336393 NAME:DWO-WETLANDS P. 5 09/01/2005 THU 06:56 FAX 0004/005 C? WA1,q Michael F, Easioy, Governor William G, Ross Jr_, Secretary O Ft' North Carolina Department of Environment and Natural Resources 7 Gregory J_ Thorpe, Ph.D. Acting Director Division of Water Quaiity February 26, 2002 Dare County DWQ Project # 01-I843 APPROVAL of 401 Water Quality Certification and ADDITIONAL, CONDITIONS W. Glen Sandlin 204 Jefferson Street Alexandria, VA 22314 Dear Mr. Sandlin: -10 You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres of wetlands for the purpose of constructing a home at lots 33 and 34, Indiantown Shores subdivision as described in your application dated February 25, 2002. 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 Gencral Certification. This approval is only valid for the purpose and design that you described in your application oxcept as modified below. N you change your project, you must notify us and you may be required to send us a now 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 21-1.0506 (h) (6) and (7). For this appravai to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order to assure compliance for future wetland and/or water impact. Thesc 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). Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 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 Statuie5 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 or Tom Steffens at our Washington Regippal Office at (252) 946-64$1. Attachment cc: Corps of Engineers Washington Field Washington DWQ Regional Office file copy Central Files sit, I horpe, Ph. O Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax; (919) 733-6893 SEP-1-2005 THU 05:36 TEL:9197336893 NAME: M-WETLANDS &%E Customer Service 1 aat) 623-7146 P. 4 Op/01/2005 THt 06:56 FAX Mr. John Dorney NC DENR Division of Water Quality Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Mr- Dorney: U003/005 Please extend the expiration of the 409 certification (#20011843) to coincide with the 404 certification enclosed. The original application for 401 certification requested separate permits for two separate lots #33 and #34). Your permit issued February 26, 2002, mentioned one permit in singular. I would be grateful for a plural correction on this, clearly indicating separate fills, since there will be independent building on these two sites. 2002. Please note that my current mailing address and phone number have changed since Thank you for all of the time and consideration you have provided with your service. Sincerely, Glenn D. Sandlin 2069 Mayflower Drive Silver Spring, MD 20905 Phone (301) 879-1509 Enclosures, (1) 404 certification (2) 401 certification SEP-1-2005 THU 05:36 TEL:9197336893 NAME:DWQ-WETLANDS P. 3 March 7, 2002 Mr. John Dorney Wetland Unit Parkview Bldg. 2321 Crabtree Blvd. Raleigh, NC 27604 Dear Mr. Dorney: Thank you for the permits to fill wetland, as granted. Your requirements for my application to the DWQ have been reasonable and expected, and I am happy to have complied. I have a few questions about my future requirements noted in your letter of permit, that I would like to discuss with you, please, if you would call (703-683-3677 afternoons Monday through Thursday) at your earliest convenience. Permit me now to commend you on the speed and efficiency with which you have acted on my application. I have worked for the Government for 32 years, and, in my view, your service to me has been exemplary. Your position also represents a necessary function of regulatory work on the environment that I appreciate and support. It would be a privilege for me to serve your professional goals in the future. Sincerely, Glenn Sandlin 204 Jefferson Street Alexandria, VA 22314 V?Ve' -- o DF W?r? G 6? I 1 Michael F. Easley, Governor WHliam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality February 26, 2002 Dare County DWQ Project # 01-1843 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Glen Sandlin 204 Jefferson Street Alexandria, VA 22314 Dear Mr. Sandlin: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres of wetlands for the purpose of constructing a home at lots 33 and 34, Indiantown Shores subdivision as described in your application dated February 25, 2002. 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 beloxv. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams 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). 2. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. If you do not accept any of the conditions of this certification, you may ask for an adj udicatory 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 or Tom Steffens at our Washington Regional Office at (252) 946-6481. Attachment cc: Corps of Engineers Washington Field Washington DWQ Regional Office File copy Central Files I horpe, Ph. pe O Wetlands/40 1 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 N"Cb ENR Customer Service 1 800 623-7748 21 Februarys 2002 Mr. John Dorney NC DENR Division of Water Quality Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 '25 Dear Mr. Dorney: Thank you for the information requested on wetlands and permit conditions for my application, formerly identified as DWQ # 01-1843. Thank you especially for your helpful and gracious conversation by phone with me on February 15. It is a pleasure to serve your needs, and I hope I qualify. Guidelines. The DWQ's guidelines and previous advice in this effort have been valuable to me. I have tried to use them well. I have also benefited from the regulatory guidelines of the Corps of Engineers, consulted for an independent nation-wide permit. The Corps of Engineers have recently issued nation-wide (#18) permit to construct. My application to DWQ is independent but ultimately based on similar application presentations. In my view, Both the DWQ and the Corps of Engineers have an outstanding reputation for guiding and facilitating the balanced use of land for both human and wildlife habitat, and I am privileged for the opportunity to contribute to your goals at the site of my proposed residence. In fact, I wish to make my effort on site commensurate with your (perceived) goal of balanced use of the land through preservation. I hope you will agree that my proposal is a positive one. Communications. This original application was incorrectly and incompletely filed by my former agent, Mr. Corpening (Hatteras Environmentalists), without approving consultation and concensus with me. I have had no specific input to any of his communications with you -- beyond the simple request for a permit. I apologize, with great concern, for any irregularity that you may have experienced prior to my direct communications with you. I beg for your patience with this inefficiency and inconvenience to you, and ask that you permit me to correct and complete the application with this letter. I have fired Mr. Corpening as my agent, effective February 4, for not following my guidelines and requirements in the process of these applications. Please conduct directly with me, and me alone as applicant, all future communications concerning this and previous applications, and respond to the address and phone number below. I am truly grateful for all of your graciousness in my behalf. Corrections. Enclosed is the site plan you requested in our phone conversation of February 15. 1 understood in that conversation that Mr. Corpening did not provide one. In summary of my understanding of that conversation, there may have been other omissions, including the relation of my site plan with the wetland delineation and 50-foot setback. The proposed driveway (with constraints) was omitted by Mr. Corpening. Completed and accurate reasoning for the fill-in was omitted by my agent. His communicated region marked for fill-in requires modification as shown. His spelling of my name was inaccurate; please note the change in address. Several corrections to the original application, including its definition, also were made in our phone conversation; they are repeated here with elaboration. The text below presents my current rationale for the application. In review of the original application, I need to bring several specific errors and omissions to your attention, and request modification. First, Mr. Corpening may have presented insufficient materials originally made by third parties during the process of land acquisition. The principal omission was a detailed and accurate site plan for construction. The enclosed site plan includes the plat, house and drain field, the driveway, and also the wetland delineation and 50-foot setback, along with surveyor's points. The scale and precise dimensions of this submission, including boundaries, wetland, setbacks, and location of the driveway, were based on the recorded surveys by Freddy Rankin in Frisco. The building plan for the house, adapted to scale, was determined by Deltec in Asheville. The dimensions and requirements for the septic field were determined by Dare County. Second, the application, at this time, is for lot #34 alone, not as one lot with #33, as Mr. Corpening's original application may have confused. Lot #33 is recorded with Dare County as a totally separate entity, and the current plan for construction does not include the merging of both lots. Third, my belated impression of Mr. Corpening's communications with you is that he has been requesting a somewhat inaccurate fill-in for regions that I intend to leave preserved. Part of his request, in my view, may alter the wetland quality of the site. Specifically, I do not intend, nor do I propose, to bridge separated, forested highlands with fill-in. Nor do I intend to alter major dynamic lines of the ecosystem. My intent is to minimally alter an insignificant periphery of the open site, only as required for my plan. The Site Plan. For your consideration of my lot #34-site plan, I am enclosing seven copies. My long-term plan is to live on the land, study and preserve the wetland. A long view of the pond is essential. The basic minimum size and shape of the house as shown are required. The shape and location of the house were considered for minimum impact on the pond and other major dynamic elements of the wetland. The driveway off Indian Trail Road will enter from the south, according to contract of sale -- with location, dimensions, and structural guidelines required by Dare County, and proceed so as to require no alteration of wetland or cutting of principal trees. The entry-apron (dashed lines) of the driveway is required for use by Dare County's utility vehicles, and, for that purpose, must extend 50 feet into lot #34,. with the dimensions shown. The driveway will extend to the turnaround at the far end of the house, for private parking. Though not required, but desirable, the house will be setback approximately 50 feet from the wetland so as to preserve customary habitat space for birds, and not alter natural water-run-off or view for study. The septic tank and- drain field, and 100% repair area, will be at least 50 feet from the wetland and 22.5 feet from all property lines as required by Dare County. Dare County regulations also require 7 feet additional setback (short-dashed lines) to all sides of the drain field shown. The setback from wetland delineation prohibits the proposed plan for construction without permission to fill in approximately 0.1 acre to the north of the house, as shown. In other words, DWQ approval is essential. The proposed area for minimal fill-in has been constrained to no more than 4,360 square feet (0.1 ac.), and is hatch-marked within the proposed (approximate) alteration of wetland boundary. Rationale for Application. My rationale for proposing that region to fill is as follows: (1) According to on-site research and multiple interviews, this proposed (hatch-marked) region is open, permanently vegetated with soil-based plants, and represents the highest extremity of the local wetland where visible water does not flow except during the most violent storms such as a hurricane. 2) The natural dynamic process historically is to fill in that area by sedimentation after every storm. The wetland is actually receding naturally from that area, long term, compatible with my fill-in plan, and "dry- root" vegetation (including succulents) is ascending. (3) The proposed region has already been used historically for human traffic and partial, unplanned, filling (earlier in the twentieth century) prior to current regulations. No birds or animals have been observed to inhabit that small region during the past year; they appear to avoid it; they are active on the pond and wetland to the east. It is my belief that planned and controlled filling and reconstitution of the hatched area (by your approval) would promote use by wildlife, and be beneficial to best use of the land. (4) The proposed fill-in would require no tree-cutting, no reduction of current water table, no diversion of visible water flow, and, in my opinion, no degradation of water quality in the wetland. Dynamic lines of the wetland would be preserved. The proposed fill-in also. permits the location of construction of the house to be as far as possible away from the pond, which is the primary element of the wetland at this site. (5) 1 have tested against my requirements, by trial and error, and by measurement, the geometry of the entire area of lot #34, and compared alternatives in the context of year-round on-site observations. Filling in the proposed region to requirements of Dare County would indeed have no, or negligible, negative impact on the environment, and definitely the least impact of all possible regions on the site. Potentially alternative (not proposed) regions of site #34 for fill-in (requiring unsatisfactory relocation and re-sizing of the house and drain field), contain elements (such as average visible-water level, forest and active wetland, pond and run-off areas) that may significantly affect the dynamics of the local environment. (6) No other part of lot #34 within the setback can physically support the required drain field within Dare County's regulations and plan for construction. (7) Lot #33, mentioned in Corpening's communications, will not be altered or merged with lot #34 for building. Dare County's regulations and the covenant of Indian Town Shores prohibit significant movements of the boundary lines as recorded. The very minor movements that may be permitted would not be sufficient to permit positive change in my proposed plan for lot #34, and would adversely affect future planning for the smaller lot #33. Lot #33 is not part of this project. (8) The highlands of lot #34 comprise the best stands of mature conifers, live oaks, undergrowth, and undiminished natural environment in Indian Town Shores, and is home to numerous wildlife. These forests cover all highlands and all the boundary regions for #34 (surrounding the relatively open location of the house), and comprise certain trees that are among the oldest currently standing in Indian Town Shores. Their root systems are important for preserving the soil and water structure of the local wetland. The spatial locations and habitat of these forests on lot #34 are favorably balanced, with the pond and wetland in between major canopies, so that wildlife are encouraged to occupy the whole space and be encouraged to use the pond for rest and feeding. As with fish, birds prefer safe havens for retreat on both sides of an open feeding area. Clearing any of these forests for a septic field would significantly alter the local wildlife habitat, the soil, and possibly the local radiation and evaporation rates so that surface and sub-surface water tables may be affected. Erosion rates for the fragile high ground would increase, causing greater sedimentation in the lower wetland nearby. The primary wetland element, the shallow, estuary pond, probably would begin to recede, affecting the entire wetland. Certainly there would be greater impact on the ecology of the forest floor. It is my concern that the complex balance of wet and "dry" land, open and covered land, is nature's requirement for a robust and long-lived wetland environment. My proposed plan preserves the essential integrity of the wetland and total environment, and provides best use of the land. Statement of Faith. I have devoted 16 months of study to this site. I am confident that my plan and intentions for use of the land represent the most conscientious among potential efforts by potentially alternative owners. I have a strong personal interest in environmental quality, and that is why I wish to live there. My intent is to preserve essential environmental quality. My proposed plan for best use of the land, including potentially the best preservation of it within a developed community, including the wetland, will not be possible without your approval. I believe the proposed plan is the best one, pending your approval. I have tried to respond to DWQ's regulatory requirements on the basis of information available during the time of your current need. If you have any further questions, please write or call me at your convenience. I am most easily reached by phone daily after 1:00 p.m. Please permit me to attach my temporary card pending new printing, if I may be of service to you in the future. Sincerely, Glenn D. Sandlin (phone 703-683-3677) 204 Jefferson Street Alexandria, VA 22314 Enclosures for application: seven copies of combined plat, wetland delineation, required setbacks, and site plan for lot #34. Thomas Corpening phone call Subject: Thomas Corpening phone call Date: Wed, 20 Feb 2002 10:40:40 -0500 From: John Dorney <john.dorney@ncmail.net> To: Dennis Ramsey <dennis.ramsey@ncmail.net> CC: "bob.zarzecki" <bob.zarzecki@ncmail.net>, "Todd St. John" <todd.st.john@ncmail.net>, "john.dorney@ncmail.net" <john.dorney@ncmail.net> you will be getting a phone call from thomas corpening who is a consultant down in dare county area. he is rather angry with me since i have not issued his approval for a residential project. his client (glen sandlin) has fired him (as of last friday when mr. sandlin called me to discuss the matter). mr. sandlin will now provide the information we have twice requested. i do not want to bias you with respect to how we have handled the project so i'll just say that i expect that you will want to come look at the file and let us know if we are correct. cyndi, todd, bob and john h are also familiar with the project since i have had them look at draft letters and/or the file to get their opinions. the project number is 01-1843, applicant name - glen sandlin and it is in dare county. it is in the on-hold files. mr. sandlin will be sending in the requested information soon and assuming it answers our questions, we plan to issue. thankx. i'll put a copy of this email in the file. 1 of 1 2/20/02 2:17 PN 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 February 20, 2002 Memorandum To: John Dorney From: Todd St. Joh Subject: Glen Sandlin Dare County DWQ# 011843 I have reviewed the subject application file and I do not agree with the consultant's apparent assertion in his letter dated January 28, 2002 that this Office has no basis to request additional written information and that this Office should accept statements made by phone as documentation for our file. I can certainly understand his frustration that most of the projects that he works on would not have issues, and one that from his perspective appears to be very similar to approved projects would have issues. However, it must be considered that this Office has the obligation to ensure that the requirements of 15 A NCAC 2H..0506 (d) are met. have reviewed the file and find the following: 1) 15 A NCAC 2H .0506 (d) applies; however, since the wetlands are apparently not coastal wetlands then subparagraph (1) does not apply. 2) Our letter of February 11. 2002 seems to indicate that minimization appears to be at issue in this case. As such, 15 A NCAC 2H .0506 (c)(2) applies per.0506 (d). The impacts are less than 1/3 acre and therefore minimization has been achieved by rule. However, NW 18 only allows fill of 1/10 acre so this limit would apply to both lots as one project. 3) This Office is required to establish the actual limits of the impacts to ensure that the all requirements of 15A NCAC 2H .0506 have been met, including .0506 (c) (3), (4), and (5). 1 do not think it would be appropriate to accept information provided verbally to establish that these requirements have been met in most cases. Anyway, I think the applicant can be allowed the fill without any further minimization in this case, but do believe that this Office has the obligation to establish the exact amount and limits of the fill in question. As such, I do believe that the additional information that we requested was reasonable to establish the actual limits of the proposed impacts, but I do not think that we can require any further minimization in this instance. 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) 919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.ne.us/ncwetlands/ `Q?QF W A TF19Q o < February 11, 2002 DWQ # 01-1843 Dare County CERTIFIED MAIL-RETURNI RECEIPT REQUESTED Mr. Glen Sandling 204 Jefferson Street Alexandria, VA 22314 Dear Mr. Sandling: The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.1 acres of wetlands located at lots 33 and 34, Indiantown Shores subdivision in Dare County for fill for a home and septic tank drain field. Insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as incomplete until we receive this additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that states your project must be constructed as planned and that you have no practicable alternative to placing fill in these wetlands. Specifically can you provide a plan, which depicts the location of the home and drain field as explicitly described in our December 28, 2001 letter. Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification Please respond within three weeks of the date of this letter by sending a copy of this information to me and, one copy to Tom Steffens in our Regional Office at Washington. If we do not hear from you in three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. If you have any questions, please telephone John Dorney at 919-733-1786. } cc Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality Washington DWQ Regional Office Washington Field Office Corps of Engineers Central Files File Copy Charles Corpening, P. 0. Box 831, Avon, NC 27915 Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 N?DMR Customer Service 1 800 623-7748 January 28, 2002 Hatteras Environmentalists Charles Thomas Corpening P.O. Sox 831 Avon NC, 27915 Dear Mr. Dorney, This letter is in response to your response to Glen Sandlin's Fill permit application (DWQ # 01-843). I received your letter on the week of January 13, which by the way is 16 days later than December 28 the day it was written. During the next two weeks we talked extensively 2 times. During each conversation I expressed my opinion and the reasons we needed fill. Also it was to my surprise that during the last two years I have submitted 42 fill permits to your office, and every one of those permits was for my client to either meet required separation for septic or to provide suitable access to the lot. It seems that constantly in the past there were no problems with any applications. To my surprise all of a sudden we have a problem. Your letter stated two reasons for the denial of our permit First off all you requested a map of a site plan and proposed home location Secondly you requested a plan and a suitable scale such as (1" = 100'). Per our discussion on the phone you stated that in fact you had received the fill plan and that the scale (1" = 607) was fine. Also per our discussion I explained two of Dare County's regulations which make it impractical for Mr. Sandlin to build without a fill permit. The first regulation was the 50' required separation for all septic from wetlands. The second was that all septic lines must be 22.5' from all property lines. With much hesitation I agreed to provide you a map to prove that the lot needed to be filled for further development. The main reason for the hesitation was for the fact that you made it impossible to communicate that facts over the phone. During each of our conversations I stated legitimate reasons for why my client needed to fill. It seemed as if no reason was good enough to make a case, however you stated that a letter would be necessary in order to get the approval. The attached map shows the 22.5' property setback and the 50' wetland setback as required by Dare County. Also as we discussed the area left over is not big enough for the septic area and the 100% repair, which is also a Dare County Regulation. Is it practical to require my client to build a smaller house? Even if he built a smaller house the area left for his septic is basically the only vegetated area on the lot. To make matters worse you might suggest my client use lot 33 as a septic area. He purchased both lots so he could develop one lot and use the other for future development, privacy, or to sell as investment isn't this his right as an American to make smart decisions to provide for suitable retirement funds? We also would like to have access to the highland `B" Area so that my client might develop a workshop/observatory area for his enjoyment. We only applied for a nationwide 18 because it would provide us with those needs. We could have applied for a nationwide 14 also which would also give us access to the area marked Highland "C'. We believe that we have been more than practical in our request for a fill permit. We also feel that your decision is very inconsistent based on all the past decisions you have made. This delay has held my client up even longer than the normal process because we have to now wait for another response before we can proceed y`W 1\ Q R to I rn a O s 1 N V n w Op Y ?. i o D i S r' z \ 9Z 107 Akl Z r z o ?..J w O? w N z0 Z a m V) SZ107 rn? Z ? r r O .z Z }° l = / (e .lam .1 IN co ?w fv? b_ t r" oo O At y i Y \ I-V 22 a / k K- K- cl w > ------------------ ------------ -------------- ---------- ------ w •Lti ZSati N : ------- ---------- -- m t__---___ £Z'16 > i -121. 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NN ?:N w W A O b O 02 W V OJ.pwOOD k, W N _w w w w w _w V7 A w N -.. O O ?o w V CN .q A W Z y Z Z Z Z Z Z y z N Z Z w 0?-.O- ?--.. V A ww N N A ?. N N :? O- O r p N N `N-, N.W.. OD C? L2 m rnmm?rn mmr^men ,D co LNi, w..N N O Q - O, A, N ODD ? W p 4, n fD it 204 Jefferson Street January Alexandria, 20022314 JAN Danny Smith for John Dorney NC DENR Division of Water Quality Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Mr. Dorney and Mr. Smith: Thank you. Your letter of December 28, 2001, in response to my application (DWQ # 01- 1843) for wetland fill-in permission, was received on January 10, 2002. You requested my response to your letter within three weeks of receipt. My response herein is to request that you hold open my application file until I can forward my plan for house and septic site to you. This will be done as soon as possible. Currently I am researching all options with my surveyor and other contractors, and, until receipt of your letter, I was not aware that a detailed site plan would be required immediately with a 0.1-acre fill-in application. Please forward copies of rules and procedural materials in accordance with this project, including also 15A NCAC 2H.0500, and continue consideration for permission to fill. I am grateful for your professional and personal help and your patience in this effort. I am highly conscientious of the value of wetlands and water quality, and I want to have minimal, if not negligible, impact on the local environment. I am proceeding carefully and confidently toward this goal. I believe that the marginal fill-in required for my project does not impair the ecological dynamics of the wetland, and will be beneficial for best use of the land by all concerned, including wildlife. Sincerely, Glenn Sandlin (703) 683 - 3677 4 o?0F w H rF9oG r > =1 a ? Michael F. Easley; Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality December 28, 2001 DWQ #01-1843 Dare County Mr. Glen Sandling 204 Jefferson Street Alexandria, VA 22314 Dear Mr. Sandling: On December 17, 2001, the Division of Water Quality (DWQ) was notified by receipt of your application regarding your plans fill wetlands for the purpose of providing setbacks from a septic tank drain field at Lot 33 and 34, Indiantown Shores Subdivision in Dare County. Approval from DWQ is required to disturb these wetlands. Please provide seven copies of the following information and refer to the DWQ number listed above in your reply. In particular as described in 15A NCAC 21-1.0502, we will require you to provide a site plan, which depicts the location of the proposed home, and drain field so we can determine if there is a practical alternative to this fill. Also, please provide the area of wetlands to be filled. Please show these on maps of suitable scale (for instance 1" =100 feet) so we can begin to determine your projects compliance with 15A NCAC 21-1.0500 Please call me at (919) 733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15 A NCAC 2H .0505 (c). The processing time for this application will begin when this information is received. If we do not hear from you within three (3) weeks of the receipt of this letter, we will assume that, you no longer want to pursue this project and will consider it withdrawn. Sincerely yours, John Domey Cc Washington DWQ Regional Office Washington Corps of Engineers Central Files File Copy Charles Corpening Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 &? Customer Service 1 800 623-7748 Mr. John Dorney NC DENR Division of Water Quality Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Mr. Dorney: Please extend the expiration of the 401 certification (#20011843) to coincide with the 404 certification enclosed. The original application for 401 certification requested separate permits for two separate lots #33 and #34). Your permit issued February 26, 2002, mentioned one permit in singular. I would be grateful for a plural correction on this, clearly indicating separate fills, since there will be independent building on these two sites. 2002. Please note that my current mailing address and phone number have changed since Thank you for all of the time and consideration you have provided with your service. Sincerely, Glenn D. Sandlin 2061 Mayflower Drive Silver Spring, MD 20905 Phone (301) 879-1509 Enclosures: (1) 404 certification (2) 401 certification Pkf; 0z), oPDo SEP 7 2005 DENR - WATER QUALITY WETLANDS AND STORMWATER BRANCH: o?CF W AT FRPG r Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D. Acting Director Division of Water Quality February 26, 2002 Dare County DWQ Project # 01-1843 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS OWN Mr. Glen Sandlin 204 Jefferson Street S E P 7 2005 Alexandria, VA 22314 DENR - WATER QUALITY Dear Mr. Sandlin: YJETLANDS AND STORMWATER BRANCH You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.1 acres of wetlands for the purpose of constructing a home at lots 33 and 34, Indiantown Shores subdivision as described in your application dated February 25, 2002. 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 accompan- ing 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. --?r 1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams 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). --? 2. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 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 writt en 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 or Tom Steffens at our Washington Regignal Office at (252) 946-6481. Attachment cc: Corps of Engineers Washington Field Washington DWQ Regional Office File copy Central Files Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: (919) 733-7015 Fax: (919) 733-6893 1dC DE le Customer Service 1 800 623-7748 U.S. ARMY CORPS OF ENGINEERS Action ID: 6- 0n t / d old 5' Wilmington District County: 01 I.- C- Notification of Jurisdictional Determination Property owner/Authorized Agent 6 1 e;', 5"' J Address J2 v >/j s ST. Telephone Number Size and Location of Property (waterbody, 1Highway name /number, town, etc.) ± 2.F GAG 1 r/tiG7% r Ca F4 (A?. O ? 1yL l2 Q 1 (A)P_ S7-e T e??, c4?. b P f:.L, ?r? 7i?; ? jvi.SG? "_/lJ? (IOTS 3`f /33 ) Indicate which of the following apply: • There are wetlands on the above des( ' property which we stro suggest should delineate surveyed. The s yed wetland lines must be ied by our staff ore the Co will make a final j u6gdictional determination on your operty. • Because of the size of your property and our present workload, our identification and delineation of your wetlands c be accomplished in a timely manner. You ma wish to employ a consultant too n a more timely delineati the wetlands. Once consultant has flag e a wetland e on the property, Co staff will review it, if it is accurate, w ongly reco end that you have the 1' surveyed for final appr by the Corps. The orps will not in e a final jurisdictional d ermination on your pro?erty witho?t an approved survey. a 1?t?4%-G • The wetlandfon your lot have been delineated,yand the li its of Corps jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed t1iFee years from the date of this notification. J -;'J C- • There are no wet s present on the above described property which are subject to the pe requirement Section 404 of theCle er Act (33 USC Unless there is a ch ge in the la r our published regulatidetermination ay be relied upon for a perinot to e eed three years from the date tification. The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal Management to determine their requirements. Placement of dredged or fill material in wetlands on this property without a Department of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required for work on the property restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact WJL-, at '25 Property owner/Authorize( Project Manager Signature Date / Z ?/ 3 /o c? Expiration Date -----I z. // 3 /G c- SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (Fl)LE) COPY OF THIS FORM. `7e' ? ., "? /J? ?u , ? s,? ?//.=? v '?I mar/` i y,/ el ?•? G ? ? ?G'rL•r_-?-? /n?? •C jam. ? t ? T ` ?/ ,/ "'. ? r /? CESAW Form 566 I? 2/" ?s •ch 7` ! / "C r? ,c c u f - / ? % 4 G 1 OCT 92 a ;R" r/l DEM ID: CORPS ACTION ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #) ? Mry 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: Glen Sandlin 2. MAILING ADDRESS: 204 Jefferson St. SUBDIVISION NAME: CITY: Alexandria STATE: VA 21P CODE: 22314 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 2.83 acre tract located on the north side of NC 12 and at the end of western terminus of Timber Trail, (Frisco, NC :lot 34 and 33 Indiantown Shores Subdivision) 3. TELEPHONE NUMBER (HOME): 703-739-0785 (WORK) 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICAL, ADDRESS, PHONE NUMBER Charles Thomas Corpening P.O. Box 831. Avon N.C. 27915 Phone number (252) 995-3175 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLYA COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Dare NEAREST TOWN OR CITY: Frisco SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) See attached survey 6. IN TACTED 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-I OR WS-II)? YES ( ) 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 (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? 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 2.83 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 1.48 2. 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.1 EXCAVATION: N/A FLOODING: N/A OTHER: N/A DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.1 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? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 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 & bulldozer. 13. PURPOSE OF PROPOSED WORK: Make site suitable for installation or private waste water system and to make suitable building site. 3. 14. STATE REASON WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO IvIINIMUE WETLAND IMPACTS): Wetlands must be filled to obtain required separation from wetlands for installation of Waste Water Treat- ment 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: TTACH 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 (919) 733-6369. 4. 18. ACTIVTTITY 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 IMPACTVP PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PEW, 2) EITHER THE ISSUANCE OR WAICER OF A 401 DIVISION OF VNVIRONMENTAL 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. OWNER'S / A 'S SIG3XtURE DATE (AGENT'S STONATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18&) 5. NoV 13 01 01:15p VicodinES /CH /TNN 252-995-3175 p•1 AGENT AUTHORIZATION FORM FOR CORPS OF ENGINEERS PERMIT APPLICATION 1 S 'r`_ the undersigned authorize Charlcs T. Corpening to act as my agent to obtain a U.S. Anny Corps Fill permit for the work as described in the attached application & plans. Sincerely, S! C Date: 11 // 3 20 1 2 O m 7J D r=- a, O O r a w O N v 9 v i / N D / / L, , 9 / CO. w S?So 6, Sl/9 J / _ --SdZ?I _ gssq SS2o ?. _ / 3 s ? LL I 9Z iol / ? 9) A (z i °o r\. I o n r r- z w 7 r Qo L_ D C!) o m z 0 ZD Z Z O z 70 rT,l V) S Z 101 oz 101 I 06'. ? ? Q '- o ?? \ (W \ ?4> 9 ?ci z Z n 00 / -1 P, < 7 ? m ' \ i CO \2 ' / ? fox 2 01 n1 m{a o O ° m I / K4° Z d z i .o ? -.A i a i s w ------------------ -------------- - 18L'LZ£ -?; 1 W • ------- ---- --- %A,Lb,ZSob N L6 ----- -- • -- IM LS L 'U'K L D ? rn 0 O m 41 D D D D D D D D D D D D D D D D D D > O 3 vrnvN ?wN?o ow?rnv awN- o?oor) aw W O N O D D D D_ D D D D D D D D D D D D D D D O _ n A w O tD W v rn V1 A W N -+ O tD W l Q V D, In A W N C. 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