20051175 Ver 1_Application_20050625

June 1, 2005
To Whom It May Concern:
I, Mary Delores Fearing, do here by authorize David Pharr, to act as my agent for all
purposes of development of property known as Lot 6 of the Jackson Dune Track,
Identification number, book 184, Page 125. This property is located on Ocracoke Island
in Hyde County.
This authorization is to include, but not limited to, representation in all environmental
applications with the US Army Corps of Engineers, Division of Water Quality and
Natural Resources, and with the North Carolina Ecosystem Enhancement Program.
Signature
- v
Notary
JUN 2 R 2005
WE DENR - QUALITY
TLANSAN S?TO RMWATCR BRANCH
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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 6 1175
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14 & 18
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information L5 v
JUN 2 8 2005
1. Owner/Applicant Information
Name: Delores Fearing (owner) David Pharr (agent) DENR - WATER QUALITY
Mailing Address: 533 West Ocean Acres Drive. Kill Devil Hills, NCB AND STORMWATER BRANCH
Telephone Number: 252-449-2896 Fax Number: 252-441-7779
E-mail Address: michelle.phw(@Iandmarkhg.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant. )
Name: N/A
Company Affiliation: N/A
Mailing Address: N/A
Telephone Number: N/A Fax Number: N/A
E-mail Address: N/A
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Jackson Dunes. Lot 6, Fearing Property
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Book 184. Page 125
4. Location
County: Hyde Nearest Town: Ocracoke
Subdivision name (include phase/lot number): Jackson Dune. Lot 6
Directions to site (include road numbers/names, landmarks, etc.): Attached
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 75.96785 ON 35.11296 °W
6. Property size (acres): .229
7. Name of nearest receiving body of water: Unnamed Tributary of Pamlico Sound
8. River Basin: Tar-Pamlico River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped lot; surrounding land use residential
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used:
Fill lot to construct single family home utilizing a dump truck and front end loader.
11. Explain the purpose of the proposed work:
Prepare lot for residential development. providing prep for septic to meet setbacks
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Jurisdictional determinations by William Wescott. USACE ACT ID#
200511067
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None anticipated
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Fill 4,440 Square Feet for Driveway _
Crossing. Fill 4298 Square Feet for House Pad to construction of a single family dwelling.
Page 7 of 13
2. Individually list wetland impacts. Types of impacts include, but are not limited tc
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
NWP 14 1 Fill Fresh water wetland Yes 275 .098
NWP 18 2 Fill Fresh water wetland Yes 275 .1019

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: .1999
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact Perennial or

Intermittent? Average
Stream Width
Before Impact Impact
Length
(lin Area of
_Jmapact
(acres)

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, ba
oc Area of

(acres)

Total Open Water Impact (acres)
Page 8 of 13
6. List the cumulative impact to all Waters of the U. S. resulting from the nroiect:
Stream Impact (acres):
Wetland Impact acres : .1999
Open Water Impact (acres):
Total Impact to Waters of the U. S. acres
Total Stream Impact (linear feet):
8
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
irrigation, aesthetic, trout pond,
local stormwater Ln ment, etc.):
Current 1 e the vicinity of the pond:
watershed draining to pond: Expected pond surface area:
Pond Creation
If construction of a pond is proposed, associated wetland
included above in the wetland and stream impact sections.
be described here and illustrated on any maps included with t
Pond to be created in (check all that apply): ? upla
Describe the method of construction (e.g. embankn
draw-down valve or spillway, etc.):
Proposed use or purpose o (e.g., livestock watering,
VII. Impact Justiflcation (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Minimal fill needed for septic and build setbacks
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
and stream impacts artlfd be
Also, the pr pond should
stream ? wetlands
excavation, installation of
Page 9 of 13
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work_ in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Payment to NCEEP - see attached acceptance letter
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): .3998
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 13
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Butlers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts o
required state and local buffers associated with the project. The applicant must also p 'de
justification for these impacts in Section VII above. All proposed impacts must be list erein,
and must be clearly identifiable on the accompanying site plan. All buffers must be own on a
map, whether or not impacts are proposed to the buffers. Correspondence in the DWQ
Regional Office may be included as appropriate. Photographs may also included at the
applicant's discretion.
Will the project impact protected riparian buffers identified n 15A NCAC 2B .0233
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 020.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer equirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of ' pact to each zone of the riparian buffers.
If buffer mitigation is required calculate the quired amount of mitigation by applying the
buffer multipliers.
Zone* Impact ) Multiplier Required
1 3 (2 for Catawba)
1 2 1 / 1 1.5 1 1
Total
' Zone 1 extends out 3 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet ftorp4he edge of Zone 1.
3. If buffer miti tion is required, please discuss what type of mitigation is proposed (i.e.,
Donation Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparia uffer Restoration Fund). Please attach all appropriate information as identified
wit ' 15A NCAC 2B .0242 or .0244, or .0260.
Page 11 of 13
XL Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. All of the propgM is pervious .229 acres. The
square footage of the house pad will be impervious .098 acres.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On sight septic for a 2 bedroom house.
XHL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The cumulative impact to the proper is the fill for the driveway and the house pad for a single
family dwelling totaling .1999 acres.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently i ice of desired
construction dates to allow processing time for these permits. ever, an applicant may
choose to list constraints associated with construction o encing that may impose limits on
work schedules (e.g., draw-down schedules es, dates associated with Endangered and
Threatened Species, accessibility pr , or other issues outside of the applicant's control).
Page 12 of 13
?14
V C /
0--/Z-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
N001-ES
1. PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE aC
(6')
(SUBJECT TO CHANGE BY F.E.M.A.)
2. AREA 10,000 SF (DMD)
3. MIN. BUILDING LINES y
FRONT - 35
SIDE - 12'
REAR - 25'
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June 21, 2003
David Phan
333 West Ocean Acres Drive
Kill Devil Hills. NC 27948
Project: Jackson Dunes. Lot b
County: Hyde
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure ;hat
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
't'his acceptance is valid for six months from the date of this letter. It we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this, acceptance will expire. It is the applicant's responsibility to send
copies of the 4W401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Baud on the information supplied by you the impacts that will be mitigated are summari2ed in the following table.
River Basin Wetlands
-7 Stream Bum tt Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit _ ( . Ft.) . (Sq. Ft.)
_ Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0.22 0 0 0 0 0 ')
03020105
Upon rexipt of payment, EEP will take responsibility for providing the compensatury mitigation for the permitted impacts
up to a 2:1 ratio. (buffers, 2bne 1 at a 3.1 ratio and Zone ? at a 1.5:1 ratio). The magnitude of the compensatory mitigation
will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation
%,ill be performed in accordance with the Memorandum of Undorstanding between the N. C. Department of Environment and
Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
FiamyD. Gilmore, PE
Director
cc: Cyndi Karoly, Wedanda/401 Unit
Doug HugRett, Division of Coastal Management
Tracey Wheeler, USACOE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
Prot" Our Ita&
EPA&
North Carolina Ecosystem Enhancement Program, 1662 Mal Service Center, Raleigh, NC 27699-1852 / 919.715-0476 ! www.neeep.nel

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Directions:

Hatteras Ferry to Ocracoke
1. South on Highway 12
2. Right onto State road 1367 (Old Beach Road)
3. Continue 100 yards
4. Left at stop sign onto State road 1350 (Middle Road)
5. Right at stop sign onto State road 1370 (Jackson Circle)
6. Approximately 100 feet turn left on State road 1371
7. Travel 400 feet, lot on left

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