20050068 Ver 1_Complete File_20050112

D5-0Dl.,<6

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRlCT

Action 10. 200511011

County: Dare

USGS Quad: Hatteras

GENERAL PERl\UT (REGIONAL AND NATION\VIDE) VERIFICATION

Propcrty Owncr / Authorizcd Agcnt: Linda Foster
Addrcss: Post Office Box 241
Hatteras. North Carolina 27943

Tclcphone No.: 252-995-6086
Size and location of propcrty (watcr body, road namc/numbcr, town, etc.): Lot 1 contains 1.1 acres located on the
northwest side ofC.C. Deerin!! Rid!!e Road. adiacent to a canal which connects to Slash Creek. Hatteras. Dare
County. North Carolina. PIN # 959517001294.

Dcscription of.projects arca and activity: Fill 4.354 square feet CO.I0-acre) of Section 404 iuncus marsh to meet local
sentic set hack.

Applicable Law: ~ Scction 404 (Clcan Water Act, 33 USC 1344)
o Scction 10 (Rivcrs and Harbors Act, 33 USC 403)
Authorization: Regional Gencral Pcnnit Numbcr:
Nationwide Pennit Number: 1 R

Your work is authorized by the above referenced pennit provided it is accomplishcd in strict accordance with the attached
conditions and your submittcd plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a rcstoration ordcr and/or appropriate legal action.
TIlis verification will remain valid until the expiration date identified below unless the nationwide authorization is modificd,
suspcndcd or revoked. If, prior to the expiration date identified below, the nationwide pcnnit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identificd below, provided it complies with all requircments of
the modified nationwide pemlit. If the nationwide pennit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the tenns and conditions of the nationwide permit, activities which have commcnccd (i.e., are
undcr construction) or are' under contract to commence in rcliance upon the nationwide pennit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide pennit's expiration, modification or revocation, unless
discrctionary authority has been exercised on a case-by-case basis to modify, suspcnd or revoke the authorization.
Activities subject to Scction 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 detennine Section 401 rcquirements.
For activities OCCWTing within the twenty coastal counties subject to regulation under the Coastal Arca Managcment Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Managcment in Elizabcth City, NC, at [phone].
This Dcpartment of the Army verification does not relieve the pennittee of the responsibility to obtain any other required Federal,
State or local approva1s/pennits.
Ifthere are any questions regarding this verification, any of the conditions of the Pennit, or the Corps of Engineers regulatory
progranl, please contact William Wescott at 252-975-1616 extension 25.

Corps Regulatory Official ill~ ~r.lAJ:S,
,

Date:

~OWIE~

MAY 2 5 2005

Expiration Date of V erification: 03/18/2007

DENR. WATER QUALITY
\'iEl1JJiOOJJlD STORI.lWATEi1 CfVJlCH

Page 1 of2

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(J r:>>.',\' .,j/ Determination of Jurisdiction:
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..........0 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).

o There are Navigable Waters of the United States within the above described project area subject to the pemlit requirements of
Section 10 ofthe 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 ofthis
notification.

o 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 (CW A)(33 USC S 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 ofthis notification.

~ The jurisdictional areas within the above described project area have been identified.under a previous action. Please reference
jurisdictional determination issued 8/12/2003. Action ID _

Corps Regulatory Official:

Date 0511912005

SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.

Copy Furnished:
Quible & Associates, P.C.; attn; Brian Rubino
North Carolina Division of Water Quality
North Carolina Ecosystem Enhancement Program

Page 2 of2

May 19,2005

Regulatory Division

Action ID No. 200511011

Linda Foster
Post Office Box 241
Hatteras, North Carolina 27943

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 tIns permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.

b. The Permittee shall mitigate for 0.10 acre ofwetIands associated with this
project by payment to the North Carolina Ecosystem Enhancement Program
(NCEEP) in an amount determined by the NCEEP sufficient to perform 0.20 acre
Of.Jll1lCllS roemeriall11S marsh restoration mitigation (Cowardin classification type
E2EMIP) in the Tar-Pamlico River basin (HUC 03020105). Discharge into
wetlands on the permitted proiect shall begin only after the Permittee has made
full payment to the NCEEP, and the NCEEP has made written confimlation to the
District Engineer, that it has received payment and agrees to accept responsibility
for the mitigation work required, pursuant to Paragraph IV.D. of the
Memorandum of Understanding between the North Carolina Department of
Environment and Natural Resources and the U.S. Army Corps of Engineers,
Wilmington District, dated November 4, 1998.

If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. TIns nationwide permit does not relieve you ofthe responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.

Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Wescott, Washington Regulatory Field Office, telephone [phone],
extension 25.

County: Dare

Action ID Number:200511 011

Permittee: Linda Foster

Date Permit Issued: 5/19/2005

Project Manager: William \Vescott

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
W ASHINGTONREGULA TORY FIELD OFFICE
Post Office Box 1000
Washington, North Carolina 27889

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

Signature of Permittee

Date

CESAW-RG-W

DATE: 05/19/2005

MEMORANDUM FOR RECORD

SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resourccs
and Essential Fish Habitat.

1. Action ID. 200511011

2. Project Name and Location: Linda Foster, Hatteras'

3. Mitigation [Section 404(b)(1) Guidelines].

a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain: _

b. Is compensatory mitigation necessary? YES

Explain: in-licu payment to NCEEP at a 2:1 restoration ratio for O.lO-acre ofirnp:1ct to .Tuncus
rocrnerianus marsh.

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 ofthe NHPA).

a. Will any Cultural Resources be impacted by this project? NO

b. If YES, describe steps taken to address concerns: _

6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).

a. Is this a project that "may adversely affect essential fish habitat"? NO

b. If YES, describe steps taken to address concerns: _

Corps Regulatory Official: ~]L' ~ Q w. s.

, .

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Linda Foster I File Number: 200511011 Date: 5/19/2005
Attached is:Nationwide Pennit See Section below
INITIAL PROFFERED PERMIT (Standard Pemlit or Letter of A
permission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED mRISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional illfonllation may be found at http://www.llsacc.armv.millinet/functions/cw/cecwo/n;g or
Corps regulations at 33 CFR Part 33 I.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
. ACCEPT: If you received a Standard Pemlit, you may sign the permit doeument and return it to the district engineer for fmal
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 fonn and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days ofthe 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 pemlit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered pernlit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the pemlit
. 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 ofPemlission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance ofthe 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 pernlit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days ofthe date ofthis notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date ofthis 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 PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review ofthe 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 INFORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review Officer
Attn: William Wescott CESAD-ET -CO-R
Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889 60 Forsyth Street, Room 9M15
252-975-1616 Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations ofthe 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

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Michael F. Easley, Governor

William G, Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

January 18, 2005

DWQ Project # 05-0068
Dare County

Ms. Linda Foster
P.O. Box 241
Hatteras, NC, 27943

Subject Property:

Lot 1, Linda Foster Subdivision

Approval of 401 Water Quality Certification with Additional Conditions

Dear Ms. Foster:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0,1 acres of wetlands for the purpose of residential construction including
setbacks for a septic system at the subject property, as described within your application dated January 5,
2005 and received by the N.C. Division of Water Quality (DWQ) on January 12,2005. 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) 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 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:

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:

Amount Approved Plan Location or Reference
(Units)
404/CAMA Wetlands 0.1 (acres) PCN form

'Afione C )'
No 1 am ma
'fllllrnll!l

401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet: http://h2o,enr.stale.nc.us/ncwetJands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

t

Ms. Linda Foster
Page 2 of3
January 18,2005

2, Erosion & Sediment Control Practices

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, For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

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 Pre-Construction Notification. 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. No Sediment & Erosion Control Measures win Wetlands or Waters

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. Certificate of Completion

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,
1650 Mail Service Center, Raleigh, NC, 27699-1650.

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,

,

Ms. Linda Fostcr
Pagc 3 of3
January 18, 2005

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 in the Central Office in Raleigh at 919-
733-9721 or Tom Steffens in the DWQ Washington Regional Office at [phone].

AWK/cbk

C;:~l~

t Alan W. Klimek, r.t.

Enclosures:

GC 3402
Certificate of Completion

cc: Brian Rubino, Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files

Filenamc: 050068Foster(Darc)40 1

Quible

Quible & Associates, P,C.

P.O, Drawer 870
Kitty Hawk. NC 27949
Phone: [phone]
Fax: [phone]

ENGINEERING' ENVIRONMENTAL SCIENCES' PLANNING' SURVEYING
SINCE 1959

January 5, 2005

PRINCIPALS
Sean C. Boyle. P,E.
Joseph S, Lassiter, C.E,P.
Eduardo J. Valdivieso. P,E,

Mr. John R. Dorney
Water Quality Certification Program
NC Division of Water Quality
440 I Reedy Creek Road
Raleigh, NC 27607

ASSOCIATES
Joseph J. Anlauf, P,E,
Katherine C. Marchello. P,L,S,
David S. Neff

Re: Lot I, Linda Foster, Hatteras, Dare County, NC
Nationwide #18/401 Water Quality Cert. Permit Application Package

Dear Mr. Dorney:

The purpose of this correspondence is for Quible & Associates, p,c. to provide NCDENR, Division of Water
Quality a Nationwide #18/40 I Water Quality Cert. Permit application submitted by our firm on behalf of Linda
Foster. The site plan accurately shows the confirmed wetlands line as well as the proposed residential construction.

Proposed work includes backfill and grading of approximately 0,10 acres (4,354 SF) of section 404 wetlands as
shown on the accompanying site plan, This backfill is necessary to provide adequate space and the required setbacks
for the septic system depicted. Ms. Foster has received an improvement permit for the septic system that is
contingent upon receiving fill permits,

A copy of this package has been submitted to US Army Corps of Engineers (USACE),

\

Enclosed are seven copies of the following:

. "',

II" x 17" Site Plan indicating wetlands, proposed fill and proposed improvements
· Signed copies of the Pre.Construction Application
Authorization letter from Linda Foster
USGS topographic location map
Dare County Tax Map
Dare County Soils Survey
Photocopies of the $200 processing fee check to NCDENR and original check
· Signed site plan by Div. of Coastal Management stating that the fill area does not contain coastal marsh
EEP Mitigation Documentation

Thank you for your attention to this information, If you have questions regarding this matter please contact me at
252-261-3300,

Sincerely,
Quible & Associates, P.c.

b~~

m~@~uw~@

JAN 1 2 7nn~

Brian Rubino

DENR - WATER QUALITY
\\'ETLANDSAND STORI.!\VATER BRANCH

cc: William Wescott, USACE
Linda Foster

.'

Quib~e

iQuible & Associates, P,C.

ENGINEERING. ENVIRONMENTAL SCIENCES' PLANNING' SURVEYING
SINCE 1959

p.o. Drawer 870
Kitty Hawk. NC 27949
Phone: [phone]
Fex: 252.261-1260

January 5, 2005

PRINCIPALS
Sean C. Boyle. P,E.
Joseph S, Lassiter. C,EP.
Eduardo J, Valdivieso. P,E,

l\1r. William Wescott
US Army Corps of Engineers
P,Q. Box 1000
Manteo, NC 27889

ASSOCIATES
Joseph J. Anlauf. P,E.
Katherine C. Marchello. P,LS,
David S. Neff

Re: Lot 1, Linda Foster, Hatteras, Dare County, NC
Nationwide #18/401 Water Quality Cert. Permit Application Package

Dear Mr. Wescott:

The purpose of this correspondence is for Quible & Associates, p.e, to provide USACE a Nationwide # 18 Permit
application submitted by our firm on behalf of Linda Foster. The site plan accurately shows the confirmed wetlands
line as well as the proposed residential construction,

Proposed work includes backfill and grading of approximately 0.10 acres (4,354 SF) of section 404 wetlands as
shown on the accompanying site plan. This backfill is necessary to provide adequate space and the required setbacks
for the septic system depicted. Ms. Foster has received an improvement permit for the septic system that is
contingent upon receiving fill permits,

Seven copies of this package has been submitted to NCDENR, DWQ for Water Quality Certification

Enclosed are the following:

11" x 17" Site Plan indicating wetlands, proposed fill and proposed improvements
Signed copies of the Pre-Construction Application
Authorization letter from Linda Foster
USGS topographic location map
Dare County Tax Map
Dare County Soils Survey
Photocopies of the $200 processing fee check to NCDENR
Signed site plan by Div. of Coastal Management stating that the fill area does not contain coastal marsh
EEP mitigation documentation
Confirmed 404 delineation plat

Thank you for your attention to this information. If you have questions regarding this matter please contact me at
252-261-3300.

Sincerely,
Quible & Associates, P.e.

f::>~ P<--

Brian Rubino

cc: John Dorney, DWQ
Linda Foster

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NOTE:
THE WETLAND LINE DEPICTED HAS BEEN CONFIRMED
BY USACE ON 8-12--03

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PROPOSED SECTION 404 WETLANDS FILL
4,354 sq. ft.

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1-2
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1-4
1-5
1-6
1-7
1-8
1-9
1-10
1-11
1-12
1-13
1-14
1-15
1-16
1-17
1-18
1-19
1-20

I -I S 64'53'27" IV 2,27'
1-2 S 64'53'27" IV 14.73'
1-3 N 65'37'38" IV 12,53'
1-4 N 38'09'43" IV 16.14'
1-5 S 58'35'48" IV 13,94'
1-6 S 31'12'10" IV 32,97'
1-7 S 2'07'11" E 1563'
1-8 S 34'36'40" IV 31,63'
1-9 S 63'41'10" IV 18,13'
1-10 N 72'42'18" IV 22,03'
1-11 N 31'07'18" IV 21.60'
1-12 N 25'14'10" E 24,69'
1-13 N 36'34'47" IV 14,09'
1-14 N 46'00'08" IV 23,24'
1-15 N 40'27'54" IV 42,24'
1-16 N 24'51'53" IV 28,71'
1-17 N 8'41'54" IV 41,84'
1-18 N 41'51'20" IV 35,92'
1-19 N 58'30'22" IV 23,19'
1-20 N 72'00'38" IV 22,11'
1-21 S 84'02'52" IV 22,70'
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48,068,71 sq ft

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N 53'27'25" E
t~ 85'18'07" E
S 47'21'16" E
S 1"48'13" IV
S 51'10'35" IV
S 51'12'28" IV
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S 31 '24'58" E
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N 83'51 '00" IV

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HA TTERAS

DARE COUNTY

NORTH CAROLINA

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SCALE

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( IN FEET )
inch == 40 ft.

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Distance

22,34'
20,13'
40,29'
1952'
21.11'
1320'
14,96'
29.24'
5856'
21.00'
15.04' ..J

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LINDA .LNNETTE HIOGETTE
DiJ 852. PAiSE lH3

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Quible

& Associates, p.e.
ENGINEERING * CONSULTING * PLANNING
ENVIRONMENTAL SCIENCES * SURVEYING

SINCE 1959

Phone: [phone] Fax: [phone]
(-Mail: [e-mail]

Office Use Only:

Form Version October 2001

USACE Action ID No.

D\VQ No.

If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.

I. Processing

1. Check all of the approval(s) requested for this project:
~ Section 404 Permit
D Section 10 Permit
~ 40 1 Water Quality Certification
D Riparian or Watershed Buffer Rules

2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ~

II. Applicant Information

1. Owner/Applicant Information
Name: Linda Foster
Mailing Address: P.O. Box 241
Hatteras, NC 27943

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

2. Agent 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:

Ouible & Associates, P.c.
P.O. Drawer 870
Kittv Hawk, NC 27949

Telephone Number: 252-261-3300
E-mail Address:[e-mail]

Fax Number: 252-261-1260

Page 5 of 12

III. Project Information

Attach a vicinity ~ap 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: Lot 1. Linda Foster Subdivision

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 959517001294

4. Location
County: Dare Nearest Town: Hatteras
Subdivision name (include phasellot number): Lot 1 Linda Foster
Directions to site (include road numbers, landmarks, etc.): NC 12 South to Hatteras Village;
Turn right on C.c. Deering Road (SR 1236) and the subiect property is on the left (see
vicinity map)

5. Site coordinates, if available (UTM or Lat/Long):350 13' 1 "N, 75040'58"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped grassy with sparse trees and shrub vegetation; non-wetland (-0.36 ac); Section
404 wetland (-0.75 ac)

7. Property size (acres): 1.1 ac

8. Nearest body of water (streamlriver/soundloceanllake):
Slash Creek (tributary of Pamlico Sound)

9. . River Basin: Pasquotank
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h20.enr.state.nc.us/admin/maps/.)

Page 6 of 12

10. Describe the purpose of the proposed work: To provide sufficient setbacks from
iurisdictional wetlands for the placement of a septic (peat) system; the proposed septic
system location has been approved by the Dare County Health Dept. (Improvement Permit
enclosed), but is contin~ent upon receiving a wetland fill permit to achieve the required
setbacks

11. List the type of equipment to be used to construct the project:
Backhoe, dump truck and other grading equipment

12. Describe the land use in the vicinity of this project: residential

IV. Prior Project History

If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ill Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A

V. Future Project Plans

Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
There will be a future building permit request to Dare County

VI. Proposed Impacts to Waters of the United StateslWaters 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
'plan. All wetlands and waters, and all streams (intermittent and perennial) must 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

Page 7 of 12

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. Wetland Impacts

Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact lOO-year Floodplain** Nearest Stream Typc ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
Shaded on plat Fill, Grading .1 AC yes 1661f Section 404, grassy wetland

*

List each impact separately and identify temporary impacts, Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding,
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM). or FEr-IA.approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800.358-9616, or
online at hllP://www.fel1l<l.l!ov,
List a wetland type that best describes wetland to be impacted (e,g., freshwaterlsaltwater marsh, forested wetland, beaver pond,
Carolina Bay. bog, etc.)

**

***

List the total acreage (estimated) of existing wetlands on the property: 0.75 ac.
Total area of wetland impact proposed: 0.10 AC (4,354 ft2)

2. Stream Impacts, including all intermittent and perennial streams N/A

Stream Impact Length of A verage Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicatc on map) (linear feet) Before Impact (please specify)

*

List eaeh impact separately and identify temporary impacts. Impacts include. but are not limited to: culverts and associated rip.rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip.rap, crib wall, gabions. etc.), excavation, ditching/straightening. etc. If stream relocation is
proposed. plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps, If a stream has no name. list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1.800-358-9616, or online at
wWW.lISI!S.l!ov, Several internet sites also allow direct download and printing of USGS maps (e.g., WWW.topozone.COI1l,
.www.mapQllest.col1l. etc,),

Cumulative impacts (linear distance in feet) to all streams on site:

Page 8 of 12

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the u.S. N/A

Open Watcr Impact Area of Namc of Water body Typc of Water body
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc,)

*

List each impact separately and identify temporary impacts, Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc,

4. Pond Creation N/ A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): D uplands D stream D wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):

Size of watershed draining to pond:

Expected pond surface area:

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Due to the lot configuration and Dare County zoning and health dept. regulations, the current
construction plan requires the proposed fill, especially to achieve the required setabacks for on-
site septic systems. As an attempt to minimize wetland impacts a peat system will be
constructed that allows a 35 ft setback from iurisdictional wetlands instead of the 50 ft for
conventional systems. There is no proposed fill within the Area of Environmental Concern
. (AEC).

VIII. Mitigation

Page 9 of 12

DWQ - In accordance with I5A 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.

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h20.em.state.nc.us/ncwetlands/stml gide. h tm I.

1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Proposed mitigation includes payment into the NC EEP at a 2: 1 mitigation to fill ratio in
accordance with the 7/22/03 MOA between USACE and NC DOT: There has been
acceptance by EEP for this form of mitigation. Once EEP has received a coPy of the 404 and
401 Permits an invoice for this mitigation will be issued.

2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 40I/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o,enr.state.nc,l1s/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information: ' .

Amount of stream mitigation requested (linear feet):

Page 10 of 12

Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 0.2 acres
Amount of Coastal wetland mitigation requested (acres):

IX. Environmental Documentation (D\VQ Only)

Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?

Yes D

No ~

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPNSEPA)?
Note: If you are not sure whether a NEP NSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes D No D ·

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes D No D

X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)

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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes D No ~ If you answered "yes", provide the following information:

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 Multiplier Required
(square feet) Mitigation
I 3
2 1.5
Total

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1,

Page II of 12

If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

XI. Stormwater (DWQ Only)

Describe impervious acreage (both eXlstmg and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
No existing impervious coverage:
Proposed new impervious: 3,749 ft2 (residential structure footprint and driveway)

XII. Sewage Disposal (DWQ Only)

Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
On-site septic treatment system to be constructed. The proposed approximate position of this
system is shown on the site plan. The system will be a peat-type treatment system that requires a
35 ft minimum setback from iurisdictional wetlands. Since a fill slope for this type of system on
this property is required, the actual minimum setback is 40 ft from the toe of the fill slope.

XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes D No ~

Is this an after-the-fact permit application?
Yes D No ~

XIV. 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).

~e..I\JS I I ~ I 0 s-
Applicant/Agent's Signature r--[jate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

~~

Page 12 of 12

1- 4-nR; :1:4~PM;r>jXlll1 R. nlXClfl C":HSHY

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01-OS-2005 04:51pm

Frcm-QUIBLE,ASSOCIATES

2522611250

T-2sa P.002/00a F-071

January 3.2005

RE: Lot I, Linda Foster
Dare County PinH 959517001294

Alln: Pertinent Regulatory Agencies

L Linda Foster, authorize QuibJe & Associates, P.C. to act as agent on my behalf for the purpose of
cnvironmenml permitting for the above referenced Jot owned by me. Permits applied for include US
Army Corps of Engineers Nalionwid~ 18 Permit and NC Division ofWarer Quality 401 Wlllcr Quality
Cenification Pennit for Sectio 04 wetlands impacts.

Received 01-04-2005 04:47pm

From-252 995 3680

To-QUIBLE&ASSOCIATES

Page 002

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PlH 1/: 9.59.51700D94
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FO STER, LIllD A PIRON
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QUIBLE & ASSOCIATES, PC
P.O. DRAWER 870 PH. 252.261.3300
KITTY HAWK, NC 27949

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Received

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04:47pm

From-252 995 3680

To-QUIBLE&ASSOCIATES

PallB 003

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PROGRAM

December 30, 2004

Brian Rubino
Quible & Associates, PC
P.O. Drawer 870
Kitty Hawk, NC 27949-0870

Project:
County:

Linda Foster Subdivision, Lot I (Revised)
Dare

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for non-riparian wetlands impacts associated with the above referenced project. Please
note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to
the NC EEP for impacts associated with this project is appropriate. Further, it is the understanding of the NC EEP
that the rules of the NC Coastal Resources Commission, as implemented by the Division of Coastal Management,
allow mitigation for impacts to coastal wetlands only for projects that will have public benefits, as detennined by
the DCM, provided that the public benefits clearly outweigh the adverse effects of the project, and further, that all
reasonable means of impact avoidance and minimization have been incorporated into the project's design.

This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 PermiU401 Certification within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the 404/40 I to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certification an invoice will be issued.

Based on the information supplied by you on the in lieu fee request form dated December 21,2004, the wetlands
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the following table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table.

Stream Non-Riparian Wetlands Riparian Buffer
(linear feet) (acres) ( ft2)
Impacts 0.10
Mitigation Maximum 0.20

The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03020105 of the
Pasquotank River Basin.

RMtorUtj... E~... ProtedUtj Our Star~

qA
NCDENR

North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619/ 919-733-5208/ www.nceep.net

Brian Rubino
Quible & Associates, PC
December 30, 2004
Page 2.

The mitigation will be performed in accordance with the Memorandum of Agreement between the N. C.
Department of Environment and Natural Resources, the U. S. Army Corps of Engineers and the N. C. Department
of Transportation signed July 22, 2003.

If you have any questions or need additional information, please contact Carol Shaw at [phone].

Sincerely,

Lr: Gi:~r~/!pv

Director

cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tracey Wheeler, USACOE-Washington
Kyle Barnes, DWQ Regional Office-Washington
File

RMtorUtj... E~... ProtectUtj Our Sta:t~

A7A
NCDENR

North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619/919-733-5208/ www.nceep.net