20051175 Ver 1_COMPLETE FILE_20050628

z oo s 11 -15
QAPR 1 9 2006
To: Cindy Karoly WETSRMwS tT EAR qA? n•
From: Steve TroweW? r_.A BRANCH
Through: Terry Moore '77
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, numerou$, 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, PSACOE nationwide 14 permit application is
vegetated with Spartina a? tens„ Distichlis s?icata? Scirpus sue, Typha M. and Juncus
Roemerianus.
The projects referred,to as, ?on Dunes Lpt 6',Fearin Property ;proje t,4imb
10051175, USCOE Action Id Number, 20051?1idIff Jackson Dunes Lot 7 c/o David
Pharr, project number 20051174, USACOE Action Id Number 200511067 are I ted off +i'
SR 1371, Sound Shore Drive, in the Jackson Dunes Subdivision at the head of Southward'
Creek off the Pamlico Sound ;on Qcracoke, Island, in Hyde :County, North Carogna? 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.,bavid Pharr and his wife, Michele
Pharr, by DCM Washington staff on 29, June .2,006, Tl1e 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 axe platted and,subject of our delineation on 29 June 2005 is
vegetated with Juncus Roemerianus, Partin patens, Distichlis spicata, Scirpus ?ip.,
SSpartina alterniflora, Salicornia . and Caladium jamaicense.
We request that the .Division, 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].
77
05-1175
Subject: 05-1175
From: Kyle Barnes <[e-mail]>
Date: Fri, 31 Mar 2006 08:45:59 -0500
To: Laurie Dennison <[e-mail]>
urie,
I received a call from an appraiser this morning that a Mr. David Pharr no longer
owns the piece of property for which he applied for a NW 14 & 18. 05-1175 is on hold
in BIMS and can be returned and withdrawn. The original owner Doward Brugh has
regained ownership of the property.
Also I have sent you an application for a Clay Willis in Chowan Co. It is for a NW 18
and his request stays within the thresholds to where he only needs to send us the
courteous copies. All I need is a bims # I kept a copy for the region.
Kyle

1 of 1 3/31/2006 9:01 AM
OF \NArF,? Michael F. Easley, Governor
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V) North Carolina Department of Environment and Natural Resources
O Alan W. Klimek, P.E. Director
Division of Water Quality
July 19, 2005 O S 111 S
DWQ Project #-05rT2S0"'
Hyde County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Ms. Delores Fearing
c/o David Pharr
533 West Ocean Acres Drive
Kill Devil Hills, NC 27948
Subject Property: Jackson Dunes Lot 6, Fearing Property
SR1371
Ocracoke, NC
REQUEST FOR MORE INFORMATION
Dear Ms. Fearing and Mr. Pharr:
On June 28, 2005, the Division of Water Quality (DWQ) received your application dated June 23, 2005 to
impact 0.1999 acres of wetlands to prepare a lot for residential development, providing prep for septic to
meet setbacks. 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 211.0506 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. Plan Detail Incomplete
• Please provide the location of any proposed stormwater management practices as required
by GC3404
• Please provide detail for the stormwater management practices as required by GC3404.
• Please specify the percent of project imperviousness area based on the estimated built-out
conditions.
• Please indicate all stormwater outfalls on the site plan.
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.
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] / Internet: http://h2o.enr.state.nc.us/ncwetlands
o Carolina
Ne
Naturallff
An Equal Opportunity/Affirmative Action Employer - 50%a Recycled/10% Post Consumer Paper
Ms. Delores Fearing:
Page 2 of 2
July 19, 2005:
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,
sor
Re iew Permits Unit
CBKlijm
Enclosures: GC3402
cc: Tom Steffens, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Filename: 051175JacksonDunesLot6(Hyde)OnHold
Jackson Dunes Lot 6 DWQ # 05-1175
Subject: Jackson Dunes Lot 6 DWQ # 05-1175 ?-
From: Laurie Dennison <[e-mail]>
Date: Tue, 26 Jul 2005 12:55:58 -0400
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. A hard copy letter is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051175JacksonDunesLot6(Hyde)OnHold.doc
Content-Type: application/msword
Content-Encoding: base64
1 of 1 7/27/2005 6:35 AM
WQC #3404
OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 213.0213 (WS-11),
2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters Jr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
WQC #3404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina, April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;
WQC #3404
10. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel, to the
maximum extent practical. The new channel should be constructed in the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation used for
bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-
rap coverage requested. If suitable stream mitigation is not practical on-site, then stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
12. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3404
1-::CLID
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0511715
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
L Processing
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: ?Q?
C?? U I
H. Applicant Information
5
2 g Z00
1. Owner/Applicant Information SUN
Name: Delores Fearing (owner) David Pharr (agent) DENR-WS'ORM) FRgR*CH
Mailing Address: 533 West Ocean Acres Drive. Kill Devil Hills, NC 2794V?W°SN40
Telephone Number: 252-449-2896 Fax Number: 252-441-7779
E-mail Address: michelle.gharrnlandmarkhg.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
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 utilizing a dump truck and front end loader.
11. Explain the purpose of the proposed work:
Prepare lot for residential developmentproviding_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 1D#
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 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
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, multi 1 len h X width, then divide b 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial t
Intermittent? Average
Stream Width
Before Impact Impact
Length
(lin Area of
_Jrapact
(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,
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 nmiect:
Stream Im act (acres :
Wetland Impact acres : .1999
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.
8. 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): ? upl s----
Describe the method of construction (e.g. embankm
draw-down valve or spillway, etc.):
and stream impacts 13otild be
Also, the pr pond should
stream ? wetlands
excavation, installation of
Proposed use or purpose o (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater r ment, etc.):
Current 1 e in the vicinity of the pond:
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.
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/strrngide.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 (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 Buffers (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
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 0 .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer equirements), or other (please
identify )? 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.
Impact Required
Zone* (square feet) Multiplier Mitigation
1 3 (2 for Catawba)
1.5
L Total I
• Zone 1 extends out 3 eet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet frrn a edge of Zone i.
If buffer mit/tion
i
s 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 property is pervious .229 acres. The
aquare 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 =tic for a 2 bedroom house.
XIII. 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 property 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 dce of desired
construction dates to allow processing time for these permits. ever, an applicant may
choose to list constraints associated with construction 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
c
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
APTES
1. PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE
(6')
(SUBJECT TO CHANGE BY F.E.M.A.)
2. AREA 10.000 SF (DMD)
3. MIN. BUILDING LINES
FRONT - 35
SIDE - 12'
REAR - 25'
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05-21-'05 13 25 FROM-DENR-EEP 9197152219 T-223 4003 U-484
stem
PitOORwM
June 21, 2003
David Phan
533 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 that
the payment will be approved by the permit issuing agonies 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,
'Pitts acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, thb acceptance will expire. It is the applicant's responsibility to send
copies of the 404/441/CA..MA 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.
Based on the information supplied by you the impacts that will be mitigated are summari2cd in the following table.
River Basin Wetlands
-7 rStream Buffet B tier
Cataloging (Acres) (Linear Feat) Zone 1 1: Zone 2
Unit _ (S q. Ft.) (5
51. Ft.)
_ Riparian Non-Riparian Coastal Marsh Cold Cool Wum ,
Tar-Ptunlico 0 0.22 0 0 0 0 0 0
03020105
Upon reMpt of payment. EEP will take responsibility for provAing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, .Zone 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, aridtor CAMA Permit. The mitigation
..ill 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 need additional Informatioa, please contact Carol Shaw at [phone].
r
. iam m D. Gilmore, PE
Fiafm D. Gilmore, PE
Director
cc: Cyndi Karoly, Wedands1401 Unit
Dour Huggett, Division of Coastal Management
Tracey Wheeler, USACOE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
Re ori?f?... 'E .. Prot" Our Stag
AlArm
North Carolina Ecosystem Enhanowent Program, 1682 Mali Service Center, Raleigh, NO 27699-1862 / 919.716-0478 ! www.nesep.net

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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)
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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
JUN4'
C6a O ENR-
Notary
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1 L
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. O
(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: ?
IL Applicant Information 9 6,`,"N LEO W, [R
1. Owner/Applicant Information JUN 2 8 2005
Name: Delores Fearing (owner) David Pharr (agent) DENR - W ER QUALITY
Mailing Address: 533 West Ocean Acres Drive. Kill Devil Hills, NC 27 11 MD STO RYWATER BE NCH
Telephone Number: 252-449-2896 Fax Number: 252-441-7779
E-mail Address: michelle.pharrAdandni 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: NIA
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
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 °N 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 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)
of Impact Type of Wetland

(e.g., herbaceous, marsh, 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

L 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 acr e, multi 1 length X width, then divide b 43,560.
Stream Impact

indicate on ma)
Stream Name
Type of Impact

or
Perennial Intermittent?
?

Average
Stream Width
Before lmpact

Impact
Length
(lin

Area of
_Jmpact
(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, dredRin% flooding, drainage. bulkheads. etc.
Open Water Impact
Site Number

(indicate on ma Name of Waterbody
(i{ applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound,
y, Area of

_k*1tt
(ate)

Total Open Water Impact (acres)
Page 8 of 13
6. List the cumulative impact to all Waters of the U.S. resultinsz from the vroiect:
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):
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.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts lrotfid be
included above in the wetland and stream impact sections. Also, the pr pond should
be described here and illustrated on any maps included with this cation..
Pond to be created in (check all that apply): ? upl ? stream ? wetlands
Describe the method of construction (e.g. embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose o (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater r ment, etc.):
Current 1 in the vicinity of the pond:
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
VIM 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.
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.
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): .3998
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 El
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 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.
1. Will the project impact protected riparian buffers identified n 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 0 .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer equirements), or other (please
identify )? 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.
&ne* IM ff a Multiplier
1 3 (2 for Catawba)
1 2 1 / 1 1.5 1 1
Total I
' Zone 1 extends out 3 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet fro a 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
Ripari 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 property is pervious .229 acres.. The
square footage of the house pad will be impervious .098 acres.
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 2 bedroom house.
XIM Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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
httn://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The cumulative impact to the property 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 it ce of desired
construction dates to allow processing time for these permits. ever, an applicant may
choose to list constraints associated with construction 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
o?
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
NOTES
1. PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE
(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
533 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.
This 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 trance, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CA-MA 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.
Based on the information supplied by you the impacts that will be mitigated are summarized in the following table.
River Basin
-_7
Wetlands
?
Stream Buffet' ?---Buffer
Cataloging (Acres) (Linear Feat) Zone 1 Zone 2
Unit (S . Ft.) ; (Sq. Ft.)
_ Riparian Non-Ri arian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0.22 0 0 0 0 0 0
03020105
Upon rexipt of payment, EEP will take responsibility for prov;ding 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 need additional information, please contact Carol Shaw at [phone].
FiaomD. Gilmore, PE
Director
cc: Cyndi Karoly, Werlands/401 Unit
Doug Huggett, Division of Coastal Management
Tracey Wheeler, USACOE - Wsstitington
Kyle Barnes, DWQ Regional Office - Washington
File
plus ..Orikfg... F .. Prot" Our ttz&
KINVA19a
North Carolina Ecosyatern Enhancement Program, 1682 Mail Semics Center, Raleigh, NC 27899-1852 1919-716-0476 ! www.nceep.net
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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
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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

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Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 5 1 1 7
(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), c ":* M DO,
n
II. Applicant Information ?•
JUN 2 8 2005
05
1. Owner/Applicant Information DENR - WATFR QUALITY
Name: Delores Fearing (owner) David Pharr ( ent) WETLANDS AND STORMWATER BRANCH
Mailing Address: 533 West Ocean Acres Drive, Kill Devil Hills, NC 27948
Telephone Number: 252-449-2896 Fax Number: 252-441-7779
E-mail Address: michelle.harrOdandmarkh8.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
IIL 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
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 °N 35.11296 °W
6. Property size (acres): 229
7. Name of nearest receiving body of water: Unnamed Tributga 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 rep 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 M-#-
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 to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se azatel list impacts due to both structure and flood' .
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 imp)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(lin Area of
ct
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, b• Area of
pabt
(ate)

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 Impact (acres :
Wetland Impact acres : 1999
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
included above in the wetland and stream impact sections.
be described here and illustrated on any maps included with 1
Pond to be created in (check all that apply): ? upl
Describe the method of construction (e.g. embankir
draw-down valve or spillway, etc.):
Proposed use or purpose o (e.g., livestock watering,
local stormwater r ment, etc.):
Current 1 e in the vicinity of the pond:
watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
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 seytic 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 as be
Also, the pr pond should
] stream ? wetlands
excavation, installation of
irrigation, aesthetic, trout pond,
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.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 (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 Buffers (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.
1. Will the project impact protected riparian buffers identified n 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 0 .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 uired amount of mitigation by applying the
buffer multipliers.
Zone Impact Multiplier Required
( care feet) Mitigation 3 (2 for Catawba)
1.5
I Total
' Zone 1 extends out 3 feet perpendicular from the top of the near beak of channel; Zone 2 extends an
additiona120 feet a 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
Rip
aria uffer Restoration Fund). Please attach all appropriate information as identified
with' 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 propM 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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) 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 property is the fill for the driveway and the house pad for a singe
family dwelling totaling .1999 acres.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently i mice of desired
construction dates to allow processing time for these permits. ever, an applicant may
choose to list constraints associated with construction encing that may impose limits on
work schedules (e.g., draw-down schedules es, dates associated with Endangered and
Threatened Species, accessibility Jr
, or other issues outside of the applicant's control).
Page 12 of 13
o?
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
MO7FS
1. PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE
(SUBJECT TO CHANGE BY F.E.M.A.)
2. AREA 10,000 SF (DMD)
3. MIN. BUILDING LINES
FRONT - 35-
SIDE - 12'
REAR - 25'
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PROGRAM
June 21, 2005
David Phan
333 West Ocean Acres Drive
Kill Devil Hills. NC 27948
Project: Jackson Dunes. Lot 6
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 asiure 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 EEP will be approved.
'11tis acceptance is valid for six months from the date of this letter. U we have not received a copy of the Inued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CA.MA porrnits 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.
Based on the information supplied by you the impacts that will be mitigated are sumularized in the following table,
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Rot) Zone I Zone 2
Unit (S q. Ft.) (S q. Ft.)
_ Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0.22 0 0 0 0 0 i r)
03020105
Upon receipt of payment, EEP wit) take responsibility for provAing the compensatury mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3 1 repo 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
..ill be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and
Naaual Resources and the U. S. Army Co" of Engineers dated November 4, 1998.
If you have any questions or need additional Information, please contact Carol Shaw at [phone].
!needy.
iam D, Gilmore, PE
Director
cc: Cyndi Keroly, Wedands/401 Unit
Dour Hug,gett, Division of Coastal Management
Tracey Wheeler, USACOE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
Restor%it?... 'E .. Pro Our Stag
KINPARAM
North Carolina Ecosystem Enhancement PrOQMm, f 682 /Nail Service Center, Raleigh, NC 27699-1852 / 919.715-0478 ! www.nceep.net

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4. Left at stop sign onto State road 1350 (Middle Road)
5. Right at stop sign onto State road 1370 (Jackson Circle)
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7. Travel 400 feet, lot on left
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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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117?"rttrtl ss on xp res 2/27/07

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
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SIDE - 12'
REAR - 25'
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06-21-'05 13 25 FROM-DENR-EEP 9197152219 T-223 ?03 U-484
MtOOttwM
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

36
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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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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
JUN 2?2005
WETLANDS AND S'i0RMiVATi.'f t Liv,ivui,,
Notary ?ol? h Cal o L.c)a ? L Ce (X" -I
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MrFY"m ss on xp rf 2!27!07 ?,,

Office Use Only: Form Vernon March 05
USACE Action ID No. DWQ No. 0-5117.8;
(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 Coast Management Area of
Environmental Concern (see the top of page 2 for further details), ch @ [? QU?
`/ n
II. Applicant Information JUN 2 R Zp05 ;!
1. Owner/Applicant Information uF _ yvr r; ??,
Name: Delores Fearing 1owner) David Pharr (agent) WETLM05 Mo STORMVM-F,E11 6" CH
Mailing Address: 533 West Ocean Acres Drive, Kill Devil Hills. NC 27948
Telephone Number: 252-449-2896 Fax Number: 252-441-7779
E-mail Address: michelle,pharrAlandmarkhg.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
13L 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 phasellot number): Jackson Dune, Lot 6
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 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 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
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 widtk 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
_Jjapact
(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 Waterbody
(if applicable) e)
Type of Impact Type of Waterbody

(fie, 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. resultina from the nroiect:
Stream Im act 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 r =icinityof nt, etc.):
Current 1 in tthe pond:
SLTetr 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 1
Pond to be created in (check all that apply): ? upl s?
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 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.
and stream impacts oiQld be
Also, the pr ppesg-pond should
1 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.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): .3998
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
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)
required state and local buffers associated with the project The applicant must also .po<nde
It is the applicant's (or agenVs) responsibility to determine delineate and map all
identify )? Yes ? No
justification for these impacts in Section VII above. All proposed impacts must be list herein,
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 ft6m the DWQ
included at the
Regional Office may be included as appropriate. Photographs m/a
applicant's discretion.
1. Will the project impact protected riparian buffers identified CAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 0 .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer equirements), or other (please
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 multiuliers.
,?
Zone Impact
uare feet)
Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
s Zone 1 extends out 3 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet a edge of Zone 1.
3. If buffer mit/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 proRM is pervious .229 acres. The
aquare 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.
XIM 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 property 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 die of desired
construction dates to allow processing time for these permits. ever, an applicant may
choose to list constraints associated with construction 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
G
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
MOTES
`6,) PROPERTY IS LOCATED IN A F.I.R.M. ZONE AE
(SUBJECT TO CHANGE BY F.E.M.A.)
2. AREA 10,000 SF (DMO)
3. MIN. BUILDING LINES
FRONT - 35"
SIDE - 12'
REAR - 25'
qs IRGN R!A 5E7 ti
l 3
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.1989
06-21-'05 13,25 FROM-DENR-EEP 9197152219
IN -
r6ial
s<
S'
r
June 21, 2005
David Phan
533 West Ocean Acres Drive
Kill Devil Hills. NC 27948
Project: Jackson Dunes, Lot b County: Hyde
T-223 F0 3 U--484
The purpose of this letter is to notify you that the North Carolina Ecosystom Enhancement Program (NC EEP) is wilting 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 ESP will be approved.
11tu acceptance is valid for six months from the date of this letter. N we have not received a copy of the lsaued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CA.MA permits to NC ESP. Once NC ESP receives a copy of the 404 Permit and/or the 401
Ccr tification an invoice will be issued and payment must be trade.
Based on the information supplied by you the impacts that will be mitigated are summarised in the following table,
River Basin Wetlands
-7 Stream Buffet t3ufier
Cataloging (Acres) (Linear Feet) Zone 1 ' Zone 2
Unit _ (S q. Ft.) (Sq. Ft.)
_ Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0.22 0 0
I 0 0 0 (}
03020105 L f I
Upon receipt of payment, EEP will take responsibility for providing the compensatury 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 4044 Permit and/or 401 Water Quality Certification, and/or C'AMA Permit. The mitigation
will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and
Natural Resowces 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],
F ), A- 8.
D, Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tracey Wheeler, USACOE - Washington
Kyle Barnes, DWQ Rogional Office - Washington
File
Re, -aruc?... P .. Prot" Ow .tt
KINIMAM
North Carolina Ecosyelarn Enhancement Program, 1682 Mal Service Center, Raleigh, NC 27699-1862 / 919.715-04761 www.ncaep.net

36 y

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1 Oyster Creek
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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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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
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Notary M0(A k G31o L.-1a-, 1I Ce. COL ."V ?
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?? ? rrtrrl sS ert - tp res 2/27/07 ? ?;??1.Q???

DWQ# ! ,e " I Date Who Reviewed:
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.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
-? Please provide cross seotion details showing the provisions for aquatic lie passage.
? Please locate any planned sewer lines on the site plan.
' Please provide the location of any proposed stormwater. management practices as required by GC 1
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.
"196 Please indicate all stormwater outfalls on the site plan.
?.?`?.
? 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 dr provide additional
information as to why it is necessary for this project.

?

can be moved or reconfigured to avoid the impacts to the
labeled on the plans as
This Office believes that the
Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
a
Please revise the plans to minimise the impacts.
,
? The stormwater discharges at the location on the plans labeled - will not provide diffuse flow through the buffer because
rovide calculations to show that diffuse flow will be achieved through the entire buffer. If it
ns and
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is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management

es that remove nutrients before the stormwater can be discharged through the buffer. practices
rachc
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please

j 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.

copies of the site plans and other supporting information.
copies of the application,
Please provide
Mitigation
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
0500 and must be appropriate to the type of impacts proposed.
5 A NCAC 2H
.
plan must conform to the requirements in 1
Please indicate which 404 Permit the USACE would use to authorize this project.
11 7S
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT +? ? Ck
Action ID. 200511674 County: Hyde USGS Quad: Ocracoke O 'Z 3*V
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Delores Fearing
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 6 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 0.10 acres of section 404 wetlands for a driveway crossing.
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: 14
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 VV.I^ ?•? ' Date: 07/29/2005
r
Expiration Date of Verification: 03/18/2007
? UG'9
1005
Page 1 of 2
Determination of Jurisdiction:
? reli;mit rya information, there appear to be waters of the US including wetlands within the above described project area.
F] BasccT•ou.p
oThispreUmiaxy determination is not an appealable action under the Regulatory Program Administrative Appeal Process
_ •. Referel a 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

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. 200511674
Delores Fearing
533 West Ocean Acres Drive
Kill Devil Hills, North Carolina 27948
Permit Special Conditions
Your work is authorized by Nationwide Permit 14 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 0.10 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 0.20 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 payment
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:200511674 County:Hvde
Permittee: Delores FearinE
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
• w
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. 200511674
2. Project Name and Location: Delores Fearine--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: ?+ ?alp
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Applicant: Delores Fearing File Number: 2005 1 1 674 Date: 7/29/2005
At tached 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 E
SECTION I - TFe following identifies your rights and options regarding an administrative appeal of the above
.v or
decision. Additional informationmay be found at http`/hVWW.usace.army.mil/inet/functions/ew/ceeNvo/rc
,
Corps re ug latio s at 33 CFR Part 3 ;1. V
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 II 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, includnzg 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 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.
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 II - REQUEST FOR'APPLAL or OBJECTIONS TO AN INITIAL PROFFERED PF,RMIT
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.
,POIrfiT OF CONTACT :FOR 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