20021157 Ver 2_General Correspondence_20061108

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IN REPLY REFER TO
Regulatory Division
ORM ID SAW-2006-41141-148
Ms. Ann Warner
Post Office Box 238
Ocracoke, North Carolina 27960
Dear Ms Warner:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
November 8, 2006
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On October 2, 2006, we received your application for Nationwide Permit 14 to impact 0.35
acres of Department of the Army (DA) jurisdictional wetlands in conjunction with the
construction of a subdivision road on your property located off Beachside Extension, within
wetlands adjacent to Pamlico Sound, on Ocracoke Island, in Hyde County, North Carolina.
Pursuant to the Corps of Engineers' Regulatory Program, the Code of Federal Regulations
(CFR) published in the Federal Register on January 15, 2002, requires that all projects be
designed and constructed to avoid and minimize adverse effects to waters of the United States,
including wetlands, to the maximum extent practicable at the project site. Upon review of your
application and through continued discussions with your consultant Mr. Brian Rubino, Quible
and Associates, we have determined that your project as proposed does not qualify for
authorization under this nationwide permit. Accordingly, should you wish to pursue a permit to
construct this project, you may seek authorization under a DA Individual Permit.
Enclosed is an individual permit application, ENG Form 4345, which must be submitted to
begin the permit review process. The application must include a complete description of the
proposed activity including necessary drawings, sketches, or plans sufficient for public notice
(detailed engineering plans and specifications are not required); the location, purpose and need
for the proposed activity; scheduling of the activity; the names and addresses of adjoining
property owners; the location and dimensions of adjacent structures; and a list of authorizations
required by other federal, interstate, state, or local agencies for the work, including all approvals
received or denials already made. Additionally, all activities which the applicant plans to
undertake which are reasonably related to the same project and for which a DA permit would be
required should be included in the same permit application.
The application must be signed by the person who desires to undertake the proposed activity
(i.e. the applicant) or by a duly authorized agent. When the applicant is represented by an agent,
that information will be included in the space provided on the application or by a separate written
statement. The signature of the applicant or the agent will be an affirmation that the applicant

possesses or will possess the requisite property interest to undertake the activity proposed in the
application.
For your information, on February 6, 1990, the DA and the U.S. Environmental Protection
Agency signed a memorandum of agreement (MOA) establishing procedures to determine the
type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1)
Guidelines. This MOA provides for first, avoiding impacts to waters and wetlands through the
selection of the least damaging, practicable alternative; second, taking appropriate and
practicable steps to reduce impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the maximum practicable extent. To enable us to process your
application in full compliance with this MOA, we request that you provide the following
additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding any other alternatives, including upland alternatives, to the work for which
you have applied and provide justification that your selected plan is the least damaging to water
or wetland areas.
b. It is necessary for you to have taken all appropriate and practicable steps to reduce
wetland losses. Please indicate all that you have done, especially regarding modification of plans
and proposed construction techniques, to reduce adverse impacts.
c. The MOA requires that appropriate and practicable compensatory mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate and practicable
minimization has been employed. Please show your plan to mitigate for the projected,
unavoidable loss of waters or wetlands or provide information as to the absence of any such
appropriate and practicable measures.
Although this information is not required by federal regulation to deem an application
complete, it is essential to our expeditious processing of your application and should be
forwarded to us as soon as possible. A copy of this information must also be sent to the North
Carolina Division of Water Quality to enable them to adequately evaluate your application for a
Water Quality Certification pursuant to Section 401 of the Clean Water Act.
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Thank you for your time and cooperation. If you have any questions, please contact Mr. Tom
Steffens of my Washington Regulatory Field Office staff, at Post Office Box 1000, Washington,
North Carolina 27889, telephone [phone], extension 25.
Sincerely,
t
David M. Lekson, P.W.S.
Chief Washington Regulatory Field Office
Enclosure
Copies Furnished (w/o encl):
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Ms. Cyndi Karoly
North Carolina Department of Environment
and Natural Resources
Division of Water Quality/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Terry Moore, Office Manager
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Brian Rubino, L.G.
Environmental Scientist
Quible & Associates, P.C.
Post Office Drawer 870
Kitty Hawk, North Carolina 27949
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