20020774 Ver 1_COMPLETE FILE_20020517

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"Ill lam u. moss jr., aecre[ary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
May 24, 2002
Dare County
DWQ Project #: 02-0774
APPROVAL OF 401 Quality Certification
Joan Higgins Smalley
501 Belem Drive
Chesapeake, VA 23322
Dear Ms. Smalley:
You have our approval, in accordance with the attached conditions and those listed below, to impact 0.02 acres of
wetlands for the purpose of providing required 50' separation for septic tank/drain field at Lot 39, Block A, Indiantown
Shores in Frisco, NC as you described in your application dated May 17, 2002, 2002. After reviewing your application
we have decided, this fill is covered by General Water Quality Certification Number 3362. 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 Watershed 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). This approval shall expire
when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached
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. 276 1 1-7447. 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 Deborah Sawyer at our Washington Regional
Office at 252-946-6481.
Sincerely,
Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
File copy
Central Files
Raleigh Division of Land Resources
Charles Corpening
l?
ry J. Thorpe, P
I
ENOR
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
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AGENT AUTHORIZATION FORM 7
FORETt.AMOS errzoiai>
µ,p;1 h',! iTY Sl Cli;;i
CORPS OF ENGINEERS PERMIT APPLICATION
0207?
4
I , ,S„?, ? the undersigned authorize Charles T. C orpenin?
to act Is m} agent to obtain a permit !or work as described in the attached application
PI,, n.
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rate-
PI?YMENT
RECE VI lij ,
DEM ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TH THE APPROPRIATE
FIELD OFFOCE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET.) SEVEN
(7) COPIES SHOULD BE SENT TO THE N. C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET) PLEASE PRINT.
1. OWNERS NAME: Joan Higg±ng Smalley
2. MAILING ADDRESS: 501 Belem Dr.
SUBDIVISION NAME:
CITY: Chesayeake STATE: VA ZIP CODE: 23322
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): Lot 39 Blk A Indiantown Shores
3. TELEPHONE NUMBER (HOME): 757-436-4427 (WORK) same
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICAL, ADDRESS,
PHONE NUMBER Charles Thomas Corpmjpg P O Box 831 Avon N.C. 27915
Phone number [phone]
5. LOCATION OF WORK(PROVIDE A MAP, PREFERABLYA COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Dare NEAREST TOWN OR CITY: Frisco
1.
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) See location sketch on fill plan
6. IMPACTED OR NEAREST STREAM/ RIVER: Pamlico sound
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?
Conservation
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 TRACT OF LAND:
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.
l0a NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.02 EXCAVATION: N/A
FLOODING: N/A OTHER N/A
DRAINAGE: N/A TOTAL ACRES TO BE IMPACTED: 0.02
I Ob. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE:
FT AFTER:
WIDTH BEFORE (based on normal high water contours): FT
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND?
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8'/Z" X 11" DRAWINGS ONLY):
Fill wetland area with suitable material Fill to be brought in by dump truck and spread by backhoe &
13. PURPOSE OF PROPOSED WORK: To provide required 50' separation for septic tank/drainfield
3.
14. STATE REASON WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
This is the only way to meet the setback requirement for septic systems in Dare County
15. YOU ARE REQUIRED TO CONTACT THE U. S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESS SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA
THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
(ATTACH RESPONSES FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESS SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES THE PROJECT INVOLE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES ( ) NO (X) (IF NO, GO TO 18 )
a IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN
ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT?
YES ( ) NO ( )
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH
CAROLINA DEPARTMENT OF ADMINISIRARION STATE CLEARINGHOUSE?
YES ( ) NO ( )
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRITE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. ACTIVITITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:
a WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21,
26,29,AND 38). ALL STREAMS ( INTERMITTENT AND PERMANENT) ON THE
PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH
EQUALS50 FEET OR 1 INCH EQUALS 100 FEET THE FOLLOWING ITEMS SHOULD BE
INCLUDED WITH APPLICATION IF PROPOSED OF THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED
BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Private Waste Water System.
f SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U. S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL
MANAGEMANT PROGRAM.
// '-f5 "?""
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18&)
S --lz
DATE
5.
50J cH ecH 30 20 10 0 30
LO o NOTES:
??? r'MHFRr p 1. This survey is subject to any facts
QP R'`
OND that may be disclosed by a full and
P
POND accurate title search.
RUN RD. 2. Minimum Building Lines (MBL)
shown hereon must be verified. The
`v SITE o surveyor makes no certification as to
o zoning and/or restrictive covenant
setbacks.
LOCATION SKETCH, NOT TO SCALE
LEGEND
O EXISTING CONCRETE MONUMENT
O EXISTING IRON STAKE
FIRE HYDRANT 10J ?` ?/ \
'.D LOT 41
LOT 40
'Y
lID? OI-l 0 1.D`q'c°,yqp 50' SETBACK FROM EXISISTING
? IGHLAND oeS\? WETLAND NOTE: ALL SEPTIC MUST BE 50' \.?
7029.81 sq (t ?? `\ \ \ \ 7;? FROM WETLANDS PER DARE \
COUNTY REGULATIONS
5?3 \ \ \ \ V, (ENVIRONMENTAL HEALTH)
01) V
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v ??! ?Sip
p? Q?pQOO G tirN? / 132 i
LOT 38 fB
B WET ND
f 15?•0? \\?l[ 1,03 .76sq
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65°12'11"
R=204.00'
L=18.53'
LC=18.52'
LCB=N 66°12'06
LIMBER-?RPI?
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PROPOSED
WETLAND AREA
TO BE FILLED
Sbo
4E /
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CURVATURE

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404 LINE DATA

From To Bearing Distance
BB B2 S 80°12'44" W 14.84'
B2 B3 S 44°23'55" W 14.76'
B3 B4 S 7°25'26" W 11.03'
B4 B5 S 33°30'34" E 16.40'
B5 B6 S 88°17'34" E 10.91'
B6 BC N 62°14'44" E 22.65'
Freddy D. Rankin, PLS
50232 S. Buccaneer Dr., PO Box 121
Frisco, NC 27936-0121
[phone] Fax [phone]
I, Freddy D. Rankin, Professional Land Surveyor,
certify that this plat was drawn from an actual
field land survey and that the error of closure as
calculated by,?atit(l.e'sanid'dep rtures is at least
1:10,000.
Wit ess uiy }land and seal this day of
t : A.D.?:"
D.
SITE/FILL PLAN
JOAN HIGGINS SMALLEY
LOT 39, BLOCK "A",
INDIANTOWN SHORES
FRISCO, NC 27936
Township
HATTERAS
Date File Number
5/01/02 2624-WL
Scale FB/Pg
1" = 30' 077/83
Recorded Reference
MB 8, PAGE 13
County
DARE
F.I.R.M. Zone
AE
Base Flood Elevation
7.00'
Community/Panel/Suffix
375348 0815 E
i

LOCATED NEAR
NORTHWEST R/W, MIDWAY
THE TWO FRONT LOT
CORNERS OF LOT 42A.
State
NORTH CAROLINA
Pin Number
05 0516 11 55 5599
Zoning
S-1
Average Ground Elevation
4.0'