20051734 Ver 1_Complete File_20050912

. ?OF W A-r,4
T
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o -c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 27, 2006
Sharon Jordan and Timothy Lockhart
P.O. Box 104
Rodanthe, NC 27968
Subject Property: Lockhart/Jordan Property
North Drain [030155, 30-22-14, SA, HQW]
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1734
Dare County
Approval of 401 Water Quality Certification with Additional Conditions - AFTER-THE-FACT
Dear Sir or Madam:
You have our After-The-Fact approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.10 acres of wetland for the purpose of construction of a
residence at the subject property, as described within your application dated August 31, 2005, and
received by the N.C. Division of Water Quality (DWQ) on September 12, 2005, with more information
received by the DWQ on January 11, 2006. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The
Certification(s) allows you to use Nationwide Permit(s) NW 18 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and other regulations. Also, this After-The-Fact approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
One
N Carolina
401 Oversight(Express Review Permits Unit tllCQs'?(?
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/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled1100/6 Post Consumer Paper
Sharon Jordan and Timothy Lockhart
Page 2 of 3
February 27, 2006
Amount Approved
nits Plan Location or Reference
404/CAMA Wetland 0.10 acres Information received on January 11, 2006
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 211,
Section.0500;
6. Deed Notifications - Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure compliance for future
wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be
modified as appropriate to suit to this project;
Certificate of Completion:
7. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,

Sharon Jordan and Timothy Lockhart
Page 3 of 3
February 27, 2006
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
illi-I
AWK/Um
Enclosures: GC 3402
Certificate of Completion
cc: USACE Washington Regulatory Field Office
Kyle Barnes, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Sincerely,
( ?- /11?4
Alan W. Klimek, P.E.
Filename: 051734LockhartJordan(Dare)101
WATF9O Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p -? Alan W. Klimek, P.E. Director
Division of Water Quality
October 26, 2005
DWQ Project # 05-1734
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Sharon Jordan and Timothy Lockhart
P.O. Box 104 ?P r=-
Rodanthe, NC 279681 (=.,; ; 1, U
Subject Property: Lockhart/Jordan Site l!''?! m ? I
North Drain [030155, 30-22-14, SA HQW]
Vle -yam _-
,
REQUEST FOR MORE INFORMATION
Dear Ms. Jordan and Mr. Lockhart:
On September 12, 2005, the Division of Water Quality (DWQ) received your application dated
August 31, 2005, to impact 0.10 acres of wetlands to construct the residential development. The
DWQ has learned that the wetland impact acreage is actually 0.1119 acres, which is over the
threshold for a Nationwide Permit 18. Also, the request for a Nationwide Permit 14 or-fly shows
driveway fill and not a crossing. The DWQ has determined that your application is incomplete
and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and
will place this project on hold as incomplete until we receive this additional information. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please resubmit the application 'th the correct Nationwide Permits applied for.
2. Please submit accurate plans showing the cross section and dimensions for the driveway
fill.
2 p ?.'1 -'?21 -,fi7 JZVeUJ6L
-711 q_lljo? ?
3. Please verify thatt thl for house pad is nol more than 4356 square feet.
©-51
Please respond within t qe weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office at 252-946-6481. 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.
One
401 Oversight/Express Review Permitting Unite
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
C'2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.nc.us/
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post
Paper

N Carolma
Naturally
Lockhart/Jordan
Page 2 of 2
October 26, 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. Ian
McM' an at 919-733-1786 if you have any questions regarding or would like to set up a meeting
n rliccncc thic mntter_
CBKlijm
Sincerely
Cyndi Karoly, Supervisor
01 Oversight/Express Review Permitting Unit
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Filename: 051734LockhartJordan(Da re)On_Hold
j ,.

i
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Che k all of the approval(s) requested for this project:
[? Section 404 Permit ? Riparian or Wate shed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
ET401 Water Quality Certification ? Express 401 Wat , Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Pro€
for mitigation of impacts, attach the acceptance letter from NCE:
and check here: ?
5. If your project is located in any of North Carolina's twenty coast
4), and the project is within a North Carolina Division of Coa
Environmental Concern (see the top of page 2 for further details), c
H. Applicant Information
1. Owner/Applicant Information
Name: In0. Sor ?. ,M cst Lock P
Mailing Address: fQ GC) I DAl L o2
for the 401 Certification
m (NCEEP) is proposed
complete section VIII,
counties (listed ;o?n' page
?ck 1 `? 1
S E P 1 2 2005
DEr4R - "ATER QUALITY
l%r1ETVtQSANDSTG;k"r"r JERBR NCH
Telephone Number: Q52
E-mail Address:
Fax Number:
2. Agent/Consultant Information (A signed and dated copy of the
must be attached if the Agent has signatory authority for the owne
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
Authorization letter
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:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): NoSSGS '0`S `_5gC[A
4. Location "R 1_t
County: Neares Town: O (.t?,`f VUI.
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): v i 4 s
5. Site coordinates (For linear7. projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterb?od .)-??
Decimal Degrees (6 digits minimum): LO ' 3y ` ? _°N , 1 - O- °W
6. Property size (acres): ill God
7. Name of nearest receiving body of water: I ??rN Oran k,
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hM://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:
Page 6 of 12
10. Describe the overall
'r'... , !-s-
11.
in detail, including the type of equipment to be used:
if .-.A ._ 1 l IA- _ . Inn IYN -1 .- //n. Sn
IV. , Prior Project History
V.
VI.
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 permitpr issued for prior segments of the same T.I.P. project, along with
construction schedules. _0 k'
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.
Nd
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:
Page 7 of 12
19
10 7
2. Individually list wetland impacts. Types of impacts
mechanized clearing,. grading, fill, excavation, flooding,
senarately list imnacts due to both structure and flooding.
include, but are not limited to
ditching/drainage, etc. For dams,
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
year

Floo oodplain
es/no Distance to
Nearest

Stream
linear feet Area of
Impact

(acres)

- N c 2 ?-

Total Wetland Impact (acres)
t-
3. List the total acreage (estimated) of all existing wetlands.on the property: P70/ 4t 514e
?y
4. Individually list all intermittent and perennial stream impacts. Be sure to identempsgrary
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, dhing/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 calcu a acreage. multiDly 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
linear feet Area of
Impact
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 the U.S.). Open water impacts include, but are not limited to
fill- excavation. dredging ooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma
Name of W embody
(if ap cable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc. Area of

Impact
acres

1
7
-
Total Open Water Impact (acres)

Page 8 of 12
6. List the cumulative im act to all Waters of the U.S. resulting from the project:
Stream Impact acres
Wetland Impact acres): III o
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 o e property? ? Yes ? No
Describe all impacts to is ted waters, and include the type of water (wetland or stream) and
the size of the pro ed impact (acres or linear feet). Please note that this section only
applies to wate at have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, as ciated wetland and stream impacts should be
included above in the wetland and stre impact sections. Also, the proposed pond should
be described here and illustrated on maps included with this application.
Pond to be created in (check all t apply): E] uplands ? stream F1 wetlands
Describe the method of c truction (e.g., dam/embankment, excavation, installation of
draw-down valve or spil ay, etc.):
Proposed use or p se of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater quirement, etc.):
Current land a in the vicinity of the pond:
Size of wa rshed 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 followedndur}ng co truction to red ce ' pa ts. U
A&& & ?!P??tsws( " d.1Zw h 4-07d = Ko _ /Aff.AV Aj. i
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 12

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
hLtp://h2o.enr.state.nc.us/ncwetlands/strmizide.html.
1.
2.
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
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/wry/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 wetl d mitigation requested (acres): 1 10 Amount of Cons we d 'h ation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/s te/local) funds or the use of
public (federal/state) land? Yes ? No
t
2. If yes, does the project reg4ugir p epar?ationo an nv o ental 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 El No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* ( Impact I Multiplier I Required
f..,... ,-e F e+t r:....: ?.
3 (2 for Catawba)
1.5
Total I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
Page 11 of 12
XI. 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.
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proppse?d project, q?avqilpble capacity of the subject facility
C_
XHI. Violations (required by DWQ)
Is this site in v' lation 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 add'ti
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:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
pplicant/Agent's Signature
signature is valid only if an authorization letter from the applicant is
Page 12 of 12
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SEP 1 2 2005
GENR - VA-TER QUALITY
VVETLYV0,3 p,",il S (i1 °vWATER BRANCH
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules ..
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
www.saw.usace.gM.mil/wetlands/Permits.httnl.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
its ne
which to your project, please go to the
Regional or GeneraLmii??
USACE website at saw.usace.q .mil/wetlands/index.h , or contact one of the field offices
listed on page 3 of responsible project manager for each
county in North Carolina an d provides additional information regarding the identification and regulation
of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USAGE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page 1 of 12
2
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case.DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
, along with supporting narratives, maps, data forms,
USACE ermits ubmit one copy of thi 4 orm
P t he applica e E Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at
hpp•//www usace army.mil/inet/functions/cw/cecwo/reg 2002pWs.pdf. Processing times vary by
permit and begin once the application has been determined to be complete. Please contact the
appropriate regulatory field office for specific answers to permit processing periods.
401 Wa uality Certification or Buffer Rules - All info ion i ss otherwise stated
'onal. Incomplete applications will be returned. Su en pies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlan s Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of c ulati water impacts and less than 150 feet cumulative impacts to
streams, then a fee o 0 is requi . If either of these thresholds is exceeded, then a fee of $475 is
required. A check ma a North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at hLtp://h2o.ehnr.state.nc.us/ncwetlands/fees.htrnl. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, -the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg
151 Patton Avenue Ashe Cherokee Iredell Mitchell
Room 208 Avery Clay Jackson Polk
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
gton Regulatory Field Office Beaufort Currituck Jones
y Corps Of Engineers Bertie Dare Lenoir
ce Box 1000 Camden Gates Martin
gton, NC 27889-1000
j Carteret* Green Pamlico
ne: [phone] Chowan Hertford Pasquotank
2) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
1 Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
ax: [phone]
North
Division of Water Quality
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Telephone: [phone]
Fax: [phone]
Pitt
Tyrrell
Washington
Wayne
Swain
Transylvania
Union
Watauga
Yancey
*Croatan National Forest Only

State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Page 3 of 12
ti
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kemersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Page 4 of 12

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 U 5 1 l 311
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Che k 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
Er401 Water Quality Certification ? Express 401 Wate uality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal 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), ch{
H. Applicant Information S E P 1 2 2005
1. Owner/A plicant Information tt ff' T? jr; r;R -raTcrt QUALITY
Name: 0. Jar ?• v?l Ot L?L K. ?'ld i "J ?s vn VTO,'t 'i^';;; k tai =^r+.
Mailing Address: O (30 l CA- Z_ 4ko- PJ G 9 716 t
Telephone NumberQ52- 36 $- S65'3 Fax Number: 'go 4 - a.
E-mail Address:
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
4
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 proj
4.
5.
2. T.I.P. Project Number or State Project Number (NCDOT Only);
3. Property Identification Number (Tax PIN): 6(oSSGS 'CA -Sgcu
Location
County: V0-? Ne
Subdivision name (include phase/lot number):-
Directions to site (include road numbers/names,
6. Property size (acres): t l 1 600
Town: Oc -CLli4k L
7. Name of nearest receiving body of water: f\3"kke . OrC.l- Vl
8. 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.ne.us/admin/maps/.)
9. Describe the existing conditions on the site an d general land use in the vicinity of the project
at the time of this application: !G1 Le cL hair n ,f,?.e?.
3
Page 6 of 12
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 waterbM-,
Decimal Degrees (6 digits minimum): LO ' YD 1 60 °N So- C)o °W
10. Describe the overall
CAT-r
11. Explain e purpose,
inA CAM 4- da-A
IV.. Prior Project History
V.
V1.
in detail, including the type of equipment to be used:
.z r-, d- Inn. .,nn ?]-? 11n. 1il
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 permit ?r issued for prior segments of the same T.I.P. project, along with
.c ons truction schedules. Y v k
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.
Na
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:
Page 7 of 12
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,
5 nrately lief impacts due to both structure and flooding.
A9
IF 7
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)
t-' 1 At- `i ^-12P° o
- (2-

Total Wetland impact (acres)
a

3. List the total acreage (estimated) of all existing wetlands on the property: /To/ 4k4 50 -le
'7 J%
4. Individually list all intermittent and perennial stream impacts. Be sure to ide"nti temp rary
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, ching/straightening, etc. If stream relocation is proposed,
plans and profiles showing t'W linear footprint for both the original and relocated streams
must be included. To calc a 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
linear feet Area of
Impact
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 the U.S.). Open water impacts include, but are not limited to
fill excavation dyed in oodin , drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of W tift body
(if ap cable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres)

Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream hn act acres
Wetland impact (acres): O
Open Water Impact acres :
Total Impact to Waters of the U.S. (acres)
Total Stream hn act (linear feet):

7: Isolated Waters
Do any isolated waters exist o e property? ? Yes ? No
Describe all impacts to is 16tied waters, and include the type of water (wetland or stream) and
the size of the pro ed impact (acres or linear feet). Please note that this section only
applies to wate at have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, as ciated wetland and stream impacts should be
included above in the wetland and stre impact sections. Also, the proposed pond should
.be described here and illustrated on maps included with this application.
Pond to be created in (check all t apply): ? uplands ? stream ? wetlands
Describe the method of c truction (e.g., dam/embankment, excavation, installation of
draw-down valve or spil ay, etc.):
Proposed use or p se of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater quirement, etc.):
Current land e in the vicinity of the pond:
Size of wa rshed 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 dur'ng construction to red ce mpacts._ -rkL
D.an ,P .ti..?/ti. tV rLL?+ r.l_n??, h LO 14 I'rff uo 1A
?.no .J,.
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 12
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
t% 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
hLtp://h2o.enr.state.nc.us/ncwetlands/strmgide.httnl.
1.
2.
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
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 hgp://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): 1 OLCA L
Amount of Coast we d 'h ation requested (acres):
1
A't
Page 10 of 12
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/ tpte/local) funds or the use of
public (federal/state) land? Yes ? No Y
J f f-.
2. If yes, does the project requiter epa?rationnoof an 'env o ental document pursuant tootthe t
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify, )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I re^Impact
Q*? I Multiplier I Required I
3 (2 for Catawba)
1.5
Total I I I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
3.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or.0244, or.0260.
Page 11 of 12
XI. 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.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater aenerated from the proposed project, 9rav4ilpble capacity of the subject facility.
C_
XHI. Violations (required by DWQ)
Is this site in v' lation 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 add'ti
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
httv://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
;pplicant/Agent's Signature 14
signature is valid only if an authorization letter from the applicant is
Page 12 of 12
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SEP 1 2 2005
V,!ETU-12,33 AND S T O 7T J;--t t"; AJNCH
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits,- Section 401.
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
www.saw.usace.gM.mil/wetlands/Permits.html.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General ermits ne which pe plies to your project, please go to the
USACE website at www.saw.usace.arm .mil/wetlands/index.h , or contact one of the field offices
listed on page 3 of responsible project manager for each
county in North Carolina and provides additional information regarding the identification and regulation
of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page 1 of 12
Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case.DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.
The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.
USACE ermits Gubri-ifit_onecopy of thi orm, along with supporting narratives, maps, data forms,
p t • e applica e E Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at
btip://www.usace.gM.mil/inet/functions/cw/cecwo/regL2002gMs.pd f. Processing times vary by
permit and begin once the application has been determined to be complete. Please contact the
appropriate regulatory field office for specific answers to permit processing periods.
401 Wat elpQuality Certification or Buffer Rules -All info ion is ss otherwise stated
'onal. Incomplete applications will be returned. Su en es of all USACE
Permit materials to the Division of Water Quality, 401/Wetlan s Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of c ulati water impacts and less than 150 feet cumulative impacts to
streams, then a fee o 0 is requi . If either of these thresholds is exceeded, then a fee of $475 is
required. A check ma a North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at bZ://h2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg
151 Patton Avenue Ashe Cherokee Iredell Mitchell
Room 208 Avery Clay Jackson Polk
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabamis Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Sung
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland

I Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
ax: [phone]
North
Division of Water Quality
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Telephone: [phone]
Fax: [phone]
Pitt
Tyrrell
Washington
Wayne
Swain
Transylvania
Union
Watauga
Yancey
*Croatan National Forest Only

State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Page 4 of 12
Q?QF WAT?i9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Q "C Alan W. Klimek, P.E. Director
Division of Water Quality
October 26, 2005
DWQ Project # 05-1734
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Sharon Jordan and Timothy Lockhart
P.O. Box 104
Rodanthe, NC 279681 -,
Subject Property: Lockhart/Jordan Site LS U W 15i R North Drain [030155, 30-22-14, SA HQW] JAN 1 ? 2006
DENR - WATER QUALITY
REQUEST FOR MORE INFORMATION WETLANDS AND STORMWATER BRANCH
Dear Ms. Jordan and Mr. Lockhart:
On September 12, 2005, the Division of Water Quality (DWQ) received your application dated
August 31, 2005, to impact 0.10 acres of wetlands to construct the residential development. The
DWQ has learned that the wetland impact acreage is actually 0.1119 acres, which is over the
threshold for a Nationwide Permit 18. Also, the request for a Nationwide Permit 14 orfly shows
driveway fill and not a crossing. The DWQ has determined that your application is incomplete
and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on
the subject property. Therefore, unless we receive the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and
will place this project on hold as incomplete until we receive this additional information. Please
provide the following information so that we may continue to review your project.
Additional Information Requested:
1. Please resubmit the application Nth the correct Nationwide Permits applied for.
2. Please submit accurate plans showing the cross section and dimensions for the driveway
fill.
--/-57 64 Vo
3. Please verify,that the fill for house pad is not more than'4356 square feet.
Please respond within t eks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office at 252-946-6481. 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.
One C
401 Oversight/Express Review Permitting Unit' North ar llna Natuml
1650 Mail Service Center, Raleigh, North Carolina' 2769-1650
(`2321 Crabtree Boulevard, Suite 250, Raleigh, North Car64ina 27604
Phone: [phone] /FAX [phone] / Internet: htt://h2o.enr.state.nc.us/ncwetl nds
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IN REPLY REFER TO
Regulatory Division
Action ID: 200511256
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
June 28, 2005
Ms. Sharon L. Jordan
Mr. Timothy C. Lockhart
Post Office Box 104
Rodanthe, North Carolina 27968
Dear Ms. Jordan and Mr. Lockhart:
Ur_ W
Rr--1 @
R
JUN 3 0 2005
DFNR - WKI ER QUALITY
V,,ETLANDS PrD STORAViyTER BRANCH
This correspondence confirms the June 20, 2005, onsite inspection conducted by Messrs.
Raleigh Bland and William Wescott of my staff, and Mr. Mike Wylie and Ms. Kacy Campbell of
the U.S. Environmental Protection Agency, on your property located off the Sudie Payne Road,
adjacent to the North Drain and the Pamlico Sound, in Rodanthe, Dare County, North Carolina.
The purpose of this inspection was to investigate the continuation of unauthorized filling
activities you have undertaken within jurisdictional wetlands on your property.
My staff's inspection revealed that you are responsible for the placement of earthen fill
material within an undetermined area of high quality wetlands subject to our regulatory
jurisdiction within the North Drain adjacent to the Pamlico Sound. This activity, undertaken in
waters of the United States without the prior approval from this office in the form of a
Department of the Army (DA) permit, constitutes a violation of Section 301 of the Clean Water
Act (33 USC 1311).
By copy of this letter, you should cease and desist from any further unauthorized work within
waters of the United States, including wetlands. My staff will be contacting you in the near
future to address restoration of the affected wetland areas on your property, including the
removal of all unauthorized fill material.
Failure to comply with this request may result in referral of this matter to the United States
Attorney and/or the Wetlands Enforcement Section of the United States Environmental
Protection Agency with a recommendation for appropriate action. Additionally, we are
considering civil or administrative penalties against you for this work.
-2-
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
JW? Nt.
David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Garland Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
-3-
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ted Tyndall
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Ms. Kacy Campbell
Wetlands Section
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Jack Flythe
Dare County Health Department
Post Office Box 1000
Manteo, North Carolina 27954

IN REPLY REFER TO
Regulatory Division
Action ID: 200511253
Mr. Douglas S. Leggat
Ms. Shauna K. Leggat
Post Office Box 183
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
June 28, 2005
JUN ? ? 200
Rodanthe, North Carolina 27968
Dear Mr. and Mrs. Leggat:
This correspondence confirms the June 20, 2005, onsite inspection conducted by Messrs.
Raleigh Bland and William Wescott of my staff, and Mr. Mike Wylie and Ms. Kacy Campbell of
the U.S. Environmental Protection Agency, on your property located off Beulah O'Neal Drive,
adjacent to the North Drain and the Pamlico Sound, in Rodanthe, Dare County, North Carolina.
The purpose of this inspection was to investigate the continuation of unauthorized filling
activities you have undertaken within jurisdictional wetlands on your property.
My staff's inspection revealed that you are responsible for the placement of earthen fill
material within an undetermined area of high quality wetlands subject to our regulatory
jurisdiction within the North Drain adjacent to the Pamlico Sound. This activity, undertaken in
waters of the United States without the prior approval from this office in the form of a
Department of the Army (DA) permit; constitutes a violation of Section 301 of the Clean Water
Act (33 USC 1311).
By copy of this letter, you should cease and desist from any further unauthorized work within
waters of the United States, including wetlands. My staff will be contacting you in the near
future to address restoration of the affected wetland areas on your property, including the
removal of all unauthorized fill material.
Failure to comply with this request may result in referral of this matter to the United States
Attorney and/or the Wetlands Enforcement Section of the United States Environmental
Protection Agency with a recommendation for appropriate action. Additionally, we are
considering civil or administrative penalties against you for this work.
i
-2-
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Garland Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
-3-
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ted Tyndall
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Ms. Kacy Campbell
Wetlands Section
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Jack Flythe
Dare County Health Department
Post Office Box 1000
Manteo, North Carolina 27954

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200610116 County: Dare USGS Quad: Rondanthe
GENERAL PERIVHT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Sharon Jordan
Address: Post Office Box 104
Rodanthe, North Carolina
27968
Telephone No.: 252-305-5053
Size and location of property (water body, road name/number, town, etc.): 0.41 acre lot adiacent to the North Drain on
the south side of Sudie Payne Drive, off Hwy 12 in Rodanthe, Dare County, North Carolina.
Description of projects area and activity: Wetland fill for residential construction.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above-referenced permit provided it is accomplished in strict accordance with the attached -
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. 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 new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWT.
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 Elizabeth City, 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 Tom Steffens at 252-975-J6W x 25.
Corps Regulatory Official
Expiration Date of Verification:
Date: 11/14/2005
NOV 1 7 2005
'^,.°r Q-LIALITY
Page 1 of 8
-
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 -of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID Basis of Jurisdictional Determination:

Corps Regulatory Official:
Date 11/14/2005
Copy Furnished:
DWQ/401 Unit/Cyndi Karoly
Page 2 of 8
November 14, 2005
Regulatory Division
Action ID No. 200610116
Sharon Jordan
Post Office Box 104
Rodanthe, North Carolina 27968
Permit Special Conditions
Your work is authorized by Nationwide Permit 18 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. Wetland mitigation is required for this permit. No construction within
waters of the United States, including wetlands, shall be commenced prior to
the submission of a final mitigation plan by the Permittee, and approval of
that plan by the Wilmington District's Regulatory Division. The final plan
should be submitted to Mr. Tom Steffens, Washington Regulatory Field Office,
Post Office Box 1000, Washington, North Carolina 27889-1000.
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. Tom Steffens, Washington Regulatory Field Office, telephone [phone],
extension 25.
Action ID Number:200610116 County:Dare
Permittee: Sharon Jordan
Date Permit Issued: 11/14/2005
Project Manager: Tom Steffens
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
WILMINGTON REGULATORY 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
Page 3 of 8

CESAW-RG-W DATE: 11/14/2005
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.
1. Action ID. 200610116
2. Project Name and Location: Sharon Jordan, POB 104 Rodanthe, NC. 0.41 acre lot adiaent to North Drain on
Sudie Payne Drive
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: 0.10 acre wetland fill for residence on barrier island
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 token to address concerns:
Corps Regulatory Official:
Page 4 of 8
JURISDICTIONAL DETERMINATION (Revised 8113/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200610116
PROJECT LOCATION INFORMATION:
State: NC
County: Dare
Center coordinates of site (latitude/longitude): N 35590066 W 75.465215
Approximate size of area (parcel) reviewed, including uplands: 0.41 acres.
Name of nearest waterway: North Drain
Name of watershed: Pamlico Sound
JURISDICTIONAL DETERMINATION
Completed: Desktop determination [ Date:
Site visit(s) Date(s): 11/10/2005
Jurisdictional Determination (JD):
? Preliminary JD -Based on available information, ? there appear to be (or) ? there appear to be no "waters of the United States" and/or
"navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFRpart 331).
Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
Q There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
M There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 0.25 acre.
There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
The presence of waters that are subject to the ebb and flow of the ride and/or are presently used, or have been used in
the past, or maybe susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
(1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the ride.
(2) The presence of interstate waters including interstate wetlands'.
[ (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate
commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
(4) Impoundments of waters otherwise defined as waters of the US.
(5) The presence of a tributary to a water identified in (1) - (4) above.
(6) The presence of territorial seas.
(7) The presence of wetlands adjacene to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not
itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. IfB(I) or B(3) is used as the Basis of
Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is
navigable andlor how the destruction of the waterbody could affect interstate or foreign commerce). IfB(2, 4, S or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to
make adjacency determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a
broad continuum of wetlands called the North Drain that is directly connected to the Pamlico Sound.
Page 5 of 8
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
? Ordinary High Water Mark indicated by: ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: R.Bland/W.Wescott
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
Q Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water
meets the definition of waters of the United States found at 33 CFR 328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
[( Maps, plans, plots or plat submitted by or on behalf of the applicant.
Data sheets prepared/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated , prepared by (company):
? This office does not concur with the delineation report, dated , prepared by (company):
Data sheets prepared by the Corps.
Corps' navigable waters' studies:
[ U.S. Geological Survey Hydrologic Atlas:
U.S. Geological Survey 7.5 Minute Topographic maps: Rodanthe
U.S. Geological Survey 7.5 Minute Historic quadrangles:
] U.S. Geological Survey 15 Minute Historic quadrangles:
[ USDA Natural Resources Conservation Service Soil Survey: Dare
National wetlands inventory maps:
State/Local wetland inventory maps:
? FEMA/FIRM maps (Map Name & Date):
[] 100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
Other photographs (Date):
? Advanced Identification Wetland maps:
Site visit/determination conducted on: 11/10/2005
Applicable/supporting case law:
? Other information (please specify):
`Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
2The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river
berms, beach dunes, and the like are also adjacent.
Page 6 of 8
NOTIFICATION OI? AID ?1i1?r1STR,?"LIVE APPL,:'?L OPTIONS AND PR0Cf:SS AND
P.1 0-UEST FOR APPLAl,
Applicant: Sharon Jordan File Number: 200610116 Date: 11/14/2005
At tached is: 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 - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://ww"?v.tisace.army.mil/inet/functions/cw/cecwo/reg or
Corps regulations at 33 CFR Part 331.
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, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section H of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section H of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
Page 7 of 8

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 H of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
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 APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PE1641T
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INF ORMATION:
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:
U.S. Army Corp of Engineers Mr. Michael F. Bell, Administrative Appeal Review
Attn: Tom Steffens Officer
Post Office Box 1000 CESAD-ET-CO-R
Washington, NC 27889 U.S. Army Corps of Engineers, South Atlantic Division
252-975-1616 x25 60 Forsyth Street, Room 9M15
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
Page 8 of 8
?0F WA TFj9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
Alan W. Klimek, RE, Director
Division of Water Quality
October 26, 2005
DWQ Project # 05-1734
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Sharon Jordan and Timothy Lockhart
P.O. Box 104
Rodanthe, NC 279681
Subject Property: Lockhart/Jordan Site
North Drain [030155, 30-22-14, SA HQW]
REQUEST FOR MORE INFORMATION
Dear Ms. Jordan and Mr. Lockhart:
On September 12, 2005, the Division of Water Quality (DWQ) received your application dated
August 31, 2005, to impact 0.10 acres of wetlands to construct the residential development. The
DWQ has learned that the wetland impact acreage is actually 0.1119 acres, which is over the
threshold for a Nationwide Permit 18. Also, the request for a Nationwide Permit 14 only shows
driveway fill and not a crossing. The DWQ has determined that your application is 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 21-1.0506 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. Please resubmit the application with the correct Nationwide Permits applied for.
2. Please submit accurate plans showing the cross section and dimensions for the driveway
fill.
3. Please verify that the fill for house pad is not more than 4356 square feet.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office at 252-946-6481. 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.
None Carolina
401 Oversight/Express Review Permitting Unit
tllCQ?ly
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httv://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/l0% Post Consumer Paper
Lockhart/Jordan
Page 2 of 2
October 26, 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. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely
Cyndi Karoly, Supervisor
01 Oversight/Express Review Permitting Unit
CBKlijm
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Filename: 051734LockhartJordan(Dare)On_Hold
Dai8: ? 1a-0/?? •

To: -0 • ARO
? PRO
? MRO
? RRO
Triage Check List.
Pr/ojetrt Naive: Lo
3
D WQ#: 0e)!;_1
... r ^: /
.
.3 ?-°? County:
Kevin Baanett. ' Q?aRO.
Ken Averitte ? wiRO
Alan Johnson ? WSRO
Mike Horan
Tom Steffens and Kyle Barns
Noelle Lutheran ---?
Daryl Lamb
From: er Id Telephone : (919)
The file attached. is being forwarded 1?,, our for your evaluation.
Please call if you needNas Lance:
stream length impacted '?
Stream -determination '.
??' Wetland determination. and distance to blue-line surface.waters on USFW topo maps
LJ Minimization/avoidance issues
Buffer Rules` (Neuse, Tar-Pamlico, .Catawba, Randleman)
? Pond fill
? Mitigation Ratios
Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? is the application consistent with pre-application meetings? -
Cumulative impact concern
Cuinments: _ ?.
_I ?ev /2A A

.re
a Lc// ,
l {f oll

AW
i
[Fwd: reviews]
Subject: [Fwd: reviews]
From: Ian McMillan <[e-mail]>
Date: Wed, 26 Oct 2005 11:05:33 -0400
To: Laurie J Dennison <[e-mail]>
Laurie, would you be able to update the impacts for 05-1734 Lockart-Jordan
County? Thanks, Ian
Subject: reviews
From: Kyle Barnes <[e-mail]>
Date: Tue, 25 Oct 2005 17:36:08 -0400
To: Ian McMillan <[e-mail]>
Dare
A few more for you.
05-1734 is currently in NOV status with the COE. This is an after the fact
appliction. The square footage of fill for the NW 18 is wrong in BIMS it needs to
indicate 0.1119 acres which is still over a 0.10.
I did not send the hold, can you?
05-1709 Joyce's of Ocracoke
Hyde 9/2/2005 10/25/05 cmj Issue normal conditions
05-1708 Earl Ray Godfrey
Perquimans 9/7/2005 10/25/05 cmj issue normal conditions
05-1734 Lockart-Jordan
Dare 9/26/2005 10/25/05 NW 14/18 Hold: Request is for more than
1/10 of fill for the NW18 and the NW14 only shows driveway fill and not a crossing.
Need info: accurate cross section and dimensions for driveway fill. Fill for house
pad can only be a maximun of 4356ft2 . Site currently under NOV with COE.
KB
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