20051174 Ver 1_COMPLETE FILE_20050628

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 13, 2006
DWQ # 05-1174
Hyde County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. David Pharr
533 West Ocean Acres Drive
Kill Devil Hills, NC 27948
Subject Property: Jackson Dunes, Lot 7
UT Pamlico Sound [030307, 29-(40.5), SA, HQW]
NOTICE OF WITHDRAWAL
Dear Mr. Pharr:
On June 28, 2005, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on July 11, 2005 discussing concerns that we have
regarding the design of the project and stating that it would be placed on hold for three weeks giving
you time to address DWQ's concerns. As of today, DWQ has not received a response to this request.
Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's earlier
concerns are addressed. Once you have collected sufficient information to have a complete
application (please see our July 11, 2005 letter for the missing information), you will need to reapply
for DWQ approval. This includes submitting a complete application package with the appropriate
fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statuses and Administrative Code. Please call Mr. Ian McMillan at 919-715-4631 if you have any
questions or concerns.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Kyle Barnes, Washington DWQ Regional Office
Washington Corps of Engineers
Central Files
File Copy
Filename: S:\2006 Correspondence\05-1174 David Pharr (Hyde) NOW.doc
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.ear.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
?0F VgATF,q p Michael F. Easley, Governor
William G. Ross Jr., Secretary
Cq 7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 11, 2005
DWQ Project # 05-1174
Hyde County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. David Pharr
533 West Ocean Acres Drive
Kill Devil Hills, NC 27948
Subject Property: Jackson Dunes, Lot 7, NWP 14 & NWP 18
Ocracoke, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Pharr:
On June 28, 2005, the Division of Water Quality (DWQ) received your application dated June
23, 2005 to impact 0.12806 acres of wetlands to fill a lot to, construct a single family home. The
DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to
process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H.0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project.
Additional Information Requested:
1. Your project is located in a buffered river basin, so please provide a Hyde County Soil
Survey and USGS topographic map with the property boundaries located.
2. Please locate all isolated or non-isolated wetlands as overlays on the site plan.
3. Please provide a determination from CAMA as to whether the wetlands associated with
your lot fill are coastal wetlands.
4. Please provide a permit for your proposed septic system. Additionally, it is not clear
whether or not impacts from the septic tank have been included in the impact totals. If they
have not been included, please include them in the impact totals.
5. This office believes the impacts labeled on the plans as driveway can be minimized. Please
revise the plans to minimize the impacts.
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: [phone] /FAX [phone] / Intemet: http://h2o.enr.state.nc.us/ncwetlands
N e hCarolina
Noaturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Jackson Dunes, Lot 7:
Page 2 of 2
July 11, 2005:
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Tom Steffens of the DWQ Washington Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. John Dorney
at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss
this matter.
Sincerely,
Cyndi Karoly, Supervisor
Uv 401 bversight/Express Review Permits Unit
CBKlijm
cc: Tom Steffens, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
Doug Huggett, DCM
File Copy
Central Files
Filename: 051174JacksonDunesLot7RichardPharr(Hyde)OnHoldMorelnfo
1[2@ffl0W[11
APR 1 9 2006
To: Cindy Karoly UENR - WATER QUALITY
From: Steve Trowels WETLMMANDSTORM Nth P-WH
Through: Terry Moore r?N
Subject: Coastal Wetland Juristdictional Determinations
Date: 11 April 2006
The purpose of this memo is to confirm three different Coastal Wetland
jurisdictional determinations undertaken by the Washington Office of the Division of
Coastal Management on sites for which you have received nationwide permit
applications from the U.S. Army Corps of Engineers. Coastal Wetlands are a designated
Area of Environmental Concern under the jurisdiction of this Division. As stated in the
Preconstruction Notification, any project proposed in a designated Area of Environmental
Concern (AEC) under the jurisdiction of the Division of Coastal Management, the
Division of Coastal Management will serve as the lead agency for processing of the
permit application. This Division is the authority in making Coastal Wetland
determinations.
The project referred to as Burrus Island Subdivision, project number 20050202, is
located off SR 1337 (Wahab Village Rd) on Ocracoke Island in Hyde County, North
Carolina. This site has been subject to numerous: inspections including Coastal Wetland
delineations by DCM staff in the, Washington Office,. the most recent delineation was part of
Notice of Violation#01-09B. The aforementioned violation was a filled road in Coastal
Wetlands for which the property owner, was required to remove restoring the Coastal
Wetland. The Coastal Wetland subject of this USACOE nationwide 14 permit application is
vegetated with Spartina ap tens, Distichlis s ip cata, Sci s §, Typha and Juncus
Roemerianus.
The projects referred to as Jackson Dunes Lot 6 Fearing Property, project number
20051175, USCOE Action Id Number 200511067, and Dickson-Dunes Lots 7 c/o Davidmf
Pliarr, project number 20051174, ;USACOE Action Id Number 20051 l afte located off k
SR 1371, Sound Shore Drive, in the Jackson Dunes Subdivision at the head of Southward
Creek off the Pamlico Sound on Q, racoke.Island in Hyde Countf Nor ar® a. Lots /
6 through 10 of the Jackson Dunes subdivision were ' subject to a Coastal Wetland
delineation at the request and in the presence ,of Mr. David Pharr and his wife, Michele
Pharr, by DCM Washington staff on 29. June 2006.: Thy ,5 lots, with the exception of a
small area of uplands, was determined .to be, Coastal, Wetlands. The Coastal Wetland in
which lots 6 through 10 are platted and ,subject of our delineation on 29 June 2005 is
vegetated with Juncus Roemerianus, Martina , patens, Distichlis spicata, Sci usDistichli spicata Sci us V.,
SSpartina alterniflora, Salicornia V. and Caladium iamaicense.
We request that the .bivision of Water Quality coordinate with the Division of
Coastal Management when . receiving: permit ; :applications from applicants for
development activities within a designated, AEC., If you have any questions concerning
these projects or other related matters you;can reach me at [phone].
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT O?6 Action ID. 200511677 County: H de USGS Quad: Ocracoke
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ENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: David Pharr
Address: 533 West Ocean Acres Drive
Kill Devil Hills, North Carolina 27948
Telephone No.: 252-449-2896
Size and location of property (water body, road name/number, town, etc.): Lot 7 contains 10,000 square feet (0.23
acres) located on the north side of Sound Shore Drive within Jackson's Dunes subdivision in Ocracoke Hyde
County, North Carolina.
Description of projects area and activity: Fill 0.06 acres of section 404 wetlands for residential development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Washington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 extension 25.
Corps Regulatory Official wa"?
Date: 07/29/2005
Expiration Date of Verification: 03/18/2007
#14A` 'i?
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2_ 2005
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Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 6/01/2005. Action ID 200511067
Basis of Jurisdictional Determination: Area meets the three parameters specified in the 1987 USACE Wetland Delineation
Corps Regulatory Official:
Date 07/29/2005
;ruIS.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
NC Division of Water Quality
NC Ecosystem Enhancement Program
Page 2 of 2
July 29, 2005
Regulatory Division
Action ID No. 200511677
David Pharr
533 West Ocean Acres Drive
Kill Devil Hills, North Carolina 27948
Permit Special Conditions
Your work is authorized by Nationwide Permit 18 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. The Permittee shall mitigate for 0.06 acre of wetlands associated with this
project by payment to the North Carolina Ecosystem Enhancement Program
(NCEEP) in an amount determined by the NCEEP sufficient to perform 0.12 acre
of nonriparian wetland restoration in the Tar-Pamlico River basin (HUC
03020105). Discharge into wetlands on the permitted project shall begin only
after the Permittee has made full payment to the NCEEP and the NCEEP has
made written confirmation to the District Engineer, that it has received pument
and agrees to accept responsibility for the mitigation work required, pursuant to
Paragraph IV.D. of the Memorandum of Understanding between the North
Carolina Department of Environment and Natural Resources and the U.S. Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Wescott, Washington Regulatory Field Office, telephone [phone],
extension 25.
Action ID Number:200511677 County:Hvde
Permittee: David Pharr
Date Permit Issued: 7/29/2005
Project Manager: William Wescott
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTONREGULATORY FIELD OFFICE
Post Office Box 1000
Washington, North Carolina 27889
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
CESAW-RG-W DATE: 07/29/2005
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.
1. Action ID. 200511677
2. Project Name and Location: David Pharr-Ocracoke
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? YES
Explain: in-lieu payment to NCEEP at a 2:1 restoration ratio
4. Endangered Species (Section 7 of the ESA).
a. Will any threatened or endangered species or their critical habitats be affected by this project? NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Corps Regulatory Official: , ` 'S
NOTIFICATION OE ADMINISTRATIVE;APPEAL OPTIONS AND PROCESS AND
RFQIII:ST FOR APP _

Applicant: David Pharr File Number: 200511677 Date: 7/29/2005
Attached is:Nationwide Permit See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION
I E
SIC ON I -The following identifies your_riglits and options regarding an admintstra ivc appeal ofthe above
decision. Additional information may be found at http`.//t,?y-"'.usace.anny.mil/inetlfunctions/c`v/ceeNvoht? or
Corps regg6fiq
ip'
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section H of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION If -`REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT-O CQNTACT rOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review Officer
Attn: William Wescott CESAD-ET-CO-R
Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 9M15
252-975-1616 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes.on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
V Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage. - - -
I
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater. management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan. vi
? Please indicate the diffuse flow provision measures on the site plan. \, .
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the
information as to why it is necessary for this project.
dr.provide additional
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
Please revise the plans to avoid the impacts.
II(Y`f G?4 %%v an be ? ""fib two minimizaL im}M
abeled on the plans as can b??_?
This Office believes that the p
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other 1k',S nok c\ea vJhe Y or rye impaC1s_ ? se V? }hAmt been
1 O?Vkh ( % Y1 },r1e 1(Y? /? cc by CIS pp?CI?S e ?11?C o
F1 The application fee was insufficient because ovVr"1 SD feet of stream an or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the US ACE would use to authorize this project.
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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 051174
(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:
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 countie i
4), and the project is within a North Carolina Division of Coastal Man to Ares
Environmental Concern (see the top of page 2 for further details), check here: JUN 2 R
zaa5
H. Applicant Information
WETLM08MN STORMWATERIRMWH
Owner/Applicant Information
Name: David Pharr
Mailing Address: 533 West Ocean Acres Drive. Kill Devil Hills, NC 27948
Telephone Number: 252449-2896 Fax Number: 252-441-7779
E-mail Address: michelle.pharr(alandin g,.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
r
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 7, Pharr Property
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Vol. 134 Page 674
4. Location
County: Hyde Nearest Town: Ocracoke
Subdivision name (include phase/lot number): Jackson Dune. Lot 7
Directions to site (include road numbers/names, landmarks, etc.): Attached
5. 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/mal2s/.)
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
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 IN
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 2541 square feet for driveway
crossing, Fill 3080 square feet for gad to construct single family dwelling
Page 7 of 13
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
sevarately 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
no) Distance to

Nearest
Stream
(linear feet) Area of

Impact
(acres)
NWP 14 1 Fill Fresh water wetland Yes 210 0.06973
NWP 18 2 Fill Fresh water wetland Yes 210 0.05833

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: .12806
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 cu s, dam
construction, flooding, relocation, stabilization activities (e.g., cement wal , rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream re tion is proposed,
plans and profiles showing the linear footprint for both the origi and relocated streams
must be included. To calculate acreage, multiply length X widt en divide by 43,560.
Stream Impact
Number

(indicate on ma)
Stream Name
Type of Impact Perennial or

Intermi verage

11
Stream Width
Before Impact Impact
Length

(linear feet Area of
Impact

(acres)

10,00

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, pond estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water im include, but are not limited to
fill, excavation, dredging, floodin drainage, bulkh ,etc.
Open Water Impact
Site Number
indicate on ma) Name of Waterbody
(if applicable)
Type of Type of Waterbody
pake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(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 project:
Stream Im act (acres
Wetland Impact acres : 12806
Open Water Impact acres):
Total Impact to Waters of the U. S. acres
Total Stream Impact (linear feet):
VII.
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.
Proposed use or purpo and (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormw uirement, etc.):
C and use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
be described here and illustrated on any maps included with this
Pond to be created in (check all that apply): ? upland
Describe the method of construction (e.g. mbankmen
draw-down valve or spillway, etc.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts
included above in the wetland and stream impact sections. Also, the propose"
Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building 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
VIIL 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.
J 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/strrnizide.html.
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 (acreagellinear 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): 0.25612
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 13
IX.
X.
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 ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed Zhherei
and must be clearly identifiable on the accompanying site plan. All buffers must be showmap, whether or not impacts are proposed to the buffers. Correspondence from th Regional Office may be included as appropriate. Photographs may also be incl ed at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 1 NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .024 Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requ' ments), or other (please
identify V Yes ? No ?
2. If "yes", identify the square feet and acreage of impa o each zone of the riparian buffers.
If buffer mitigation is required calculate the requir amount of mitigation by applying the
buffer multipliers.
feet) ultiplier Ran. ?
Zone* (gpare
1 3 (2 for Catawba)
1.5
Total
• Zone 1 extends out 30 feet icular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the ed of Zone 1.
Way, Riparian Buffer Restoration / Enhancement, or Payment
Restoration Fund). Please attach all appropriate information as
,C 2B .0242 or .0244, or. 0260.
3. If buffer mil
Donation of
Riparian Bul
within 15A0
:ion 's required, please discuss what type of mitigation is proposed (i.e.,
into the
identified
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 property is pervious . 229 acres. The
square footage of the house pad will be impervious .06973.
XIL 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 4 bedroom house
XIIL Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A 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:
Fill is for individual residential lot with a total size
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficie advance of desired
construction dates to allow processing time for these However, an applicant may
choose to list constraints associated with con or sequencing that may impose limits on
work schedules (e.g., draw-down sc s for lakes, dates associated with Endangered and
Threatened Species, access' " ' problems, or other issues outside of the applicant's control).
Page 12 of 13
Applicant/AgentIs Signature
Date
(Agent's signature valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

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(6) (SUBJECT TO CHANGE BY F.E.M.A.)
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2. AREA 10,000 SF (DMD) Scs?/.e 3o
3. MIN. BUILDING LINES
FRONT - 35"
SIDE - 12'
REAR - 25'
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PROGRAM
June 21, 2003
David Pharr
533 West Ocean Acres Drive
Kill Devil Hills. NC 27948
Project: Jackson Dunes, Lot 7
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 that
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 E13P will be approved.
This acceptance is valid for six months from the date of this letter. V we have not received a ropy of tht issued 404
Permit/401 Certification within this time fro nse, this acceptance wW expire. It is the applicant's responsibility to send
copies of the 404/401 /CAMA permits to NC EEP. Once NC ESP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that will be mitigated are summarized in the following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit _ (Sq. Ft.) (S . Ft,)
Ri arian Non-Riparian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0.16 0 0 0 0 0 0
03020103
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers. Zone 1 at a 3:1 ratio and Zone 2 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
will be performed in accordance with the Memorandum of Understanding 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 seed additional information, please contact Carol Shaw at [phone].
Sincerely,
4w
bill4iam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tracey Wheeler, USACOE - Washington
Kyle Barnes, DWQ Regional Office - Washington
Pile
4... Prot Oar State
Restori,sfg... Exh&Av?ftec

North Caroline Ecosystem Enhancement Program, 1662 Mal Service Center. RateigN NC 27699.1662 / 919.713-0476 / www.nceep.net
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Directions:

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1. South on Highway 12
2. Right onto State road 1367 (Old Beach Road)
I 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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Office Use Only: Form Vernon March 05
USACE Action ID No. DWQ No. 051174
Of airy 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
0
2. Nationwide, Regional or General Permit Number(s) RequestedWO V \)
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: ?
H. Applicant Information
Ld"1 o
K k?9
Owner/Applicant Information JUN 2 $ 2005
Name: David Pharr
Mailing Address: 533 West Ocean Acres Drive. Kill Devil Hills. NC 27948NAFER QUALITY
WETLANDS AND 'TUKmvvm I L? '"1O}i
Telephone Number: 252449-2896 Fax Number: 252441-7779
E-mail Address: michelle.Rhaffalandmarkhg.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
M. 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 7. Pharr Proper
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Vol. 134 Page 674
4. Location
County: Hyde Nearest Town: Ocracoke
Subdivision name (include phase/lot number): Jackson Dune. Lot 7
Directions to site (include road numbers/names, landmarks, etc.): Attached
5. 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,
11. Explain the purpose of the proposed work:
Prepare lot for residential develo ment, 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 IN
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
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all 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 2541 square feet for driveway
crossing. Fill 3080 square feet for pad to construct single family dwelling.
Page 7 of 13
2. Individually list wetland impacts. Types of impacts include, but are not limited to
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
no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
NWP 14 1 Fill Fresh water wetland Yes 210 0.06973
NWP 18 2 Fill Fresh water wetland Yes 210 0.05833

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: .12806
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 cu s, dam
construction, flooding, relocation, stabilization activities (e.g., cement wal ,rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream re ation is proposed,
plans and profiles showing the linear footprint for both the origi and relocated streams
must be included. To calculate acreage, multiply length X widt en divide by 43,560.
Stream Impact
Number

(indicate on map)
Stream Name
Type of Impact Perennial or

Inte;
? verage
Stream Width

Before Impact Impact
Length

linear feet Area of
Impact

(acres

Total Stream impact (by length and acreage)
5. Individually list all open water impacts (including lakes, pond p, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water im include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkh , etc.
Open Water Impact
Site Number
indicate on ma) Name of Waterbody
(if applicable)
Type of I Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(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 project:
Stream Im act acres :
Wetland Impact acres : .12806
Open Water Impact acres):
Total Impact to Waters of the U.S. acres
Total Stream Impact (linear feet):
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.
Pond Creation
If construction of a pond is proposed, associated wetland and
included above in the wetland and stream impact sections. Also,
be described here and illustrated on any maps included with this al
Pond to be created in (check all that apply): ? upland
Describe the method of construction (e.g. in ankment,
draw-down valve or spillway, etc. :
Proposed use or purpos and (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormw uirement, etc.):
C and use in the vicinity of the pond:
8
of watershed draining to pond: Expected pond surface area:
VII.
Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building 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.
stream impacts
the urovose"
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/stnngide.html.
1. 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): 0.25612
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 Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed'I erei
,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown n a
map, whether or not impacts are proposed to the buffers. Correspondence from th WQ
Regional Office may be included as appropriate. Photographs may also be incl ed at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 1 NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .024 Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requ' ments), or other (please
identify V Yes ? No ?
2. If "yes", identify the square feet and acreage of impa o each zone of the riparian buffers.
If buffer mitigation is required calculate the requir amount of mitigation by applying the
buffer multipliers.
Zone* Impact I dultiDlier ( Required
1 4,3 (2 for Catawba)
2 1.5
Total
• Zone I extends out 30 feet dicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the of Zone 1.
3. If buffer mitigation 's required, please discuss what type of mitigation is proposed (i.e.,
Donation of Pr ) Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Bu Restoration Fund). Please attach all appropriate information as identified
within 15 CAC 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 property is pervious . 229 acres. The
square footage of the house pad will be impervious .06973.
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 4 bedroom house
XIIL 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:
Fill is for individual residential lot with a total size
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficie advance of desired
construction dates to allow processing time for these However, an applicant may
choose to list constraints associated with const o=seq= n g that may impose limits on
work schedules (e.g., draw-down sc s for lakes, dates associated with Endangered and
Threatened Species, access' ' ' problems, or other issues outside of the applicant's control).
Page 12 of 13
Applicant/Agent's Signature
Date ?;' " >45-
(Agent's signature valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
?<p
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/VOTES I
?s IRGN R!A 1. PROPERTY IS LOCATED IN A F.I.R.M. ZO
mar GaNGfZEM maAm w FGt ?D (6) (SUBJECT TO CHANGE BY F. E.M.A.)
C' IRGN PIPE PGt,w 2. AREA 10.000 SF (DMD)
Opw PK NAIL Fa W 3. MIN. BUILDING LINES
FRONT - 35"
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05-21-05 13.25 FRCPI-DENR-EEP 919"r 15219 T-223 :'02 U-484
David Pharr
333 West Ocean Acres Drive
Kill Devil Hills, NC 27948
Project: Jackson Dunes. Lot 7
11bb,

June 21, 2003
County: Hyde
The purpose of this letter is to notify you that the Notch 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 that
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 detxrmine if payment to the NC ESP will be approved.
This acceptance is valid for six months from the date of this letter. Uwe have not received s copy of the issued 404
Permit/401 Certification within this alms !!ranee, this acceptance will expire. It Is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC 913P receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that will be mitigated are summarized in the following table.
River Basin Wetlands Strum Butfer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit _ (5q. Ft.) (S . Ft,)
Ri Arian Non-Riparian Coastal Marsh Cold Coot Warm
Tar-Pamlico 0 0.16 0 0 0 0 0 0
03020105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers. Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The magnitude of the compensatory mitigation
will be as specifieti in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation
will be performed in amardance with the Memorandum of Understanding between the N. C. Department of Environment and
Natural Resources and the U. S. Array Corp of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
?. cclj
iiliam D. Gilmore, PE /
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tracey Wheeler, USACOE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
Restorrg... E?t?iaAzL,fg- Prot ct-i?c? 01,w .f'tate

North Carolina Ecosystem Enhancement Program, t662 Mani Service Center. Raleigh, NC 27699.1652 / 919-715-0476 / www.nceep.net
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