20050348 Ver 1_Complete File_20050222

IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
July 24, 2006
Action ID: SAW-2006454274-148
Mr. Paul Jeffreys
D.S. Simmons, Incorporated
112 West Chestnut Street
Goldsboro, North Carolina 27530
Dear Mr. Jeffreys:
JUL 2 5 2006 !1
V, --R-ANDS AND TORT eCAIER 6RRANCH
This correspondence confirms your July 20, 2006, telephone conversation with Mr. Raleigh
Bland of my staff regarding your actions, as contractor, on property owned by Mrs. Amy Srail
Johnson, located at Lot 88B of the Gaskill-Srail Subdivision, at the terminus of Lake Road,
adjacent to the Pamlico Sound, on Ocracoke Island, Hyde County, North Carolina. The purpose
of this telephone call was to discuss the filling of Department of the Army (DA) jurisdictional
wetlands on this property.
Through coordination with the North Carolina Division of Coastal Management, we have
learned that you are responsible for the unauthorized placement of fill material within an
undetermined area of high quality wetlands subject to DA jurisdiction on Mrs. Johnson's
property. This activity, undertaken in waters of the United States without the prior approval from
this office in the form of a DA permit, constitutes a violation of Section 301 of the Clean Water
Act (33 USC 1311). As you agreed, you should cease and desist from any further unauthorized
work within waters of the United States, including wetlands. Additionally, you are being held
jointly responsible for this unauthorized work and it is your responsibility to work with Mrs.
Johnson to resolve this matter in compliance with federal law. The restoration work must be
completed within 30 days from your receipt of this letter.
We have also learned that the material used to fill the site may be unsuitable, containing
toxic materials in toxic amounts. Accordingly, the unauthorized fill material removed from
wetlands must be placed in an area approved by the North Carolina Department of Environment
and Natural Resources (NCDENR) for appropriate disposal of such materials. Mr. Bland will
contact you pending receipt of the results of NCDENR's testing efforts.
Failure to comply with this request may result in referral of this matter to the United States
Attorney with a recommendation for appropriate action.
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. Pete Benjamin
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
2
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. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Terry Moore
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Kyle Barnes
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mrs. Amy Srail Johnson
Post Office Box 863
Ocracoke, North Carolina 27960
Mr. Mike Johnson
Post Office Box 367
Ocracoke, North Carolina 27960
3
<o-
IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
July 24, 2006
Action ID: SA`V-2006-154274-148
Mrs. Amy Srail Johnson
Post Office Box 863
Ocracoke, North Carolina 27960
Dear Mrs. Johnson:
29 1Qa? p
D
JUL, 2 5 2006
GEr{R - YVATFR QUALITY
1 C7 L'%NOJ NVJ S i 01 ??X AVER GRA'XII
This correspondence confirms your July 19, 2006, telephone conversation with Mr. Raleigh
Bland of my staff regarding your property located at Lot 88B of the Gaskill-Srail Subdivision, at
the terminus of Lake Road, adjacent to the Pamlico Sound, on Ocracoke Island, Hyde County,
North Carolina. The purpose of this telephone call was to discuss the filling of Department of
the Army (DA) jurisdictional wetlands on your property.
Through coordination with the North Carolina Division of Coastal Management, we have
learned that you are responsible for the unauthorized placement of fill material within an
undetermined area of high quality wetlands subject to DA jurisdiction on your property. This
activity, undertaken in waters of the United States without the prior approval from this office in
the form of a DA permit, constitutes a violation of Section 301 of the Clean Water Act (33 USC
1311). As you agreed, you should cease and desist from any further unauthorized work within
waters of the United States, including wetlands. As you also agreed, you are to remove all
unauthorized fill material from wetlands, restoring pre-project elevations and contours to the
impacted area. Your contractors, Mr. Mike Johnson and D.S. Simmons, Incorporated, are being
held jointly responsible for this work and it is their responsibility to work with you to resolve this
matter in compliance with federal law. The restoration work must be completed within 30 days
from your receipt of this letter.
We have also learned that the material used to fill the site may be unsuitable, containing toxic
materials in toxic amounts. Accordingly, the unauthorized fill material removed from wetlands
must be placed in an area approved by the North Carolina Department of Environment and
Natural Resources (NCDENR) for appropriate disposal of such materials. Mr. Bland will contact
you pending receipt of the results of NCDENR's testing efforts.
Failure to comply with this request may result in referral of this matter to the United States
Attorney with a recommendation for appropriate action.
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. Pete Benjamin
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
2
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. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Terry Moore
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Kyle Barnes
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Mike Johnson
Post Office Box 367
Ocracoke, North Carolina 27960
Mr. Paul Jeffreys
D.S. Simmons, Inc.
112 West Chestnut Street
Goldsboro, North Carolina 27530
3
?DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO
July 24, 2006
Regulatory Division
Action ID: SA`V-2006-154274-148
Mr. Mike Johnson V@Ruw? D
Post Office Box 367
Ocracoke, North Carolina 27960 JUL 2 5 2006
os>.r< - ti ,TER CUALirf
Dear Mr. Johnson: 1iEKAI nC 2 idZ STORJ,1VOJER BRANCH
This correspondence confirms your July 19, 2006, telephone conversation with Mr. Raleigh
Bland of my staff regarding your actions, as contractor, on property owned by Mrs. Amy Srail
Johnson, located at Lot 88B of the Gaskill-Srail Subdivision, at the terminus of Lake Road,
adjacent to the Pamlico Sound, on Ocracoke Island, Hyde County, North Carolina. The purpose
of this telephone call was to discuss the filling of Department of the Army (DA) jurisdictional
wetlands on this property.
Through coordination with the North Carolina Division of Coastal Management, we have
learned that you are responsible for the unauthorized placement of fill material within an
undetermined area of high quality wetlands subject to DA jurisdiction on Mrs. Johnson's
property. This activity, undertaken in waters of the United States without the prior approval from
this office in the form of a DA permit, constitutes a violation of Section 301 of the Clean Water
Act (33 USC 1311). As you agreed, you should cease and desist from any further unauthorized
work within waters of the United States, including wetlands. Additionally, you are being held
jointly responsible for this unauthorized work, and it is your responsibility to work with Mrs.
Johnson to resolve this matter in compliance with federal law. The restoration work must be
completed within 30 days from your receipt of this letter.
We have also learned that the material used to fill the site may be unsuitable, containing toxic
materials in toxic amounts. Accordingly, the unauthorized fill material removed from wetlands
must be placed in an area approved by the North Carolina Department of Environment and
Natural Resources (NCDENR) for appropriate disposal of such materials. Mr. Bland will contact
you pending receipt of the results of NCDENR's testing efforts.
Failure to comply with this request may result in referral of this matter to the United States
Attorney with a recommendation for appropriate action.
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,
--J?k AL. Ut-;rr,
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. Pete Benjamin
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
2
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. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Terry Moore
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Kyle Barnes
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mrs. Amy Srail Johnson
Post Office Box 863
Ocracoke, North Carolina 27960
Mr. Paul Jeffreys
D.S. Simmons, Inc.
112 West Chestnut Street
Goldsboro, North Carolina 27530
3
401 continents
Subject: 401 comments
From: Torn Steffens <[e-mail]>
Date: Sat, 09 Apr 2005 14:59:02 -0400
To: Cyndi Karoly <cyndi. karoly@ncrnai 1. net>
CC: Laurie Dennison <[e-mail]>, Debbie Edwards <[e-mail]>
Residents of C/O:
find below comments for 401 projs entered in fp5.
05-0315 Adam Jakob 9-Apr nw18 28-Feb
Issue n/c
05-0318 Frank Jakob 9-Apr nw18 28-Feb
Issue n/c
05-0316 Rhonda Midgette 9-Apr nw 18/14 28-Feb
Issue n/c
05-0373 Karen Roberts 9-Apr nw18 8-Mar
Issue n/c
05-0348 Amy Srail 9-Apr nw18 8-Mar
Issue n/c
05-0555 Eagle Trace 9-Apr dcmaj/mod 30-Mar
HOLD- applicant indicates sewage pumpout but has no facitilites on the ground to
handle sewage. Applicant need to provide valid septic permit for site indicating
available location. Shading of significant areas of SAV will occur w/ this project.
SAV survey may be needed to assess full impacts. SA waters
05-0429 Bramble East 9-Apr nw14 18-Mar
isuue n/c
05-0430 Carlysle on the sound 9-Apr nw14 18-Mar
Issue n/c
05-0431 Bramble west 9-Apr nw14 19-Mar
Issue n/c
05-0309 Stephen Horvath 9-Apr dcm 18-Feb
Issue n/c
05-0305 Builders discount center / john and donnamercer 25-Mar nw
39/iso 28-Feb
Issue w/ isolated permit, strm h2o ok
05-0317 Bretn Nultemeier 28-Feb nw18 28-Feb
Issue n/c
05-0522 Pamptecough Shores Co 9-Apr dcm 24-Mar
Issue nc
05-0401 Mike Coward/Larkin Little 9-Apr dcm 14-Mar
Issue n/c
05-0538 The Cooperage 9-Apr dcm maj 18-Mar
Issue n/c
05-0421 Ronald A. Pettit 9-Apr dcm 8-Mar
HOLD- Applicant needs to provide water depths and more detail of adjacent OPEN SA
waters. Must provide assurances that future maintenance dredging deeper than existing
21depth near new boat ramp will be sought.
05-0461 William Krimmel III 9-Apr dcm 10-Mar
HOLD- USACE confirmation of 404 line needs to be provided
1 of 2 4/11/2005 7:32 AM
O?O? W AT ?9QG
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
April 11, 2005
DWQ Project # 05-0348
Hyde County
Ms. Amy Srail
P.O. Box 863
Ocracoke, NC, 27960
Subject Property: Srail lot, 88B
Approval of 401 Water Quality Certification and Authorization Certificate per the Tar-Pamlico
River Buffer Protection Rules (15A NCAC 2B.0259) with Additional Conditions
Dear Ms. Srail:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.10 acres of wetlands and 0.10 acre of waters for the purpose of residential
construction at the subject property, as described within your application and received by the N.C.
Division of Water Quality (DWQ) on February 22, 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). This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0259. 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, and Non-discharge 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 LAMA 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:
401 Oversight/ Express Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet http://h2o.enr.state.nc.us/navetlands
No One
Carolina
hrrally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Amy Srail
Page 2 of 3
April 11, 2005
Amount Approved
(Units) Plan Location or Reference
404/CAMA Wetlands 0.10 (acres) PCN form
Waters 0.10 acres PCN form
Buffers none (square ft.) PCN form
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 w/n 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.
Amy Srail
Page 3 of 3
April 11, 2005
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.
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.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Tar-Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you
have any questions, please telephone Tom Steffens in the DWQ Washington Regional Office at 252-946-
6481 or Cyndi Karoly at 919-733-9721.
AWK/cbk
Enclosures: GC 3402
Certificate of Completion
cc: USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Sincerely,
Alan W. Klimek, P.E.
Filename: 050348Srai1(Hyde)401+TPBR
.t
Office Use Only' Form Version February 2002
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
?v ? Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
ffRiparian or Watershed Buffer Rules
2. ationwide Regional or General Permit Number(s) Requested: 19
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/A plicant Information
f A i
Name: rn Y1, S
Mailing AddressRO, Bbx R
Telephone Number:ASa9,21-0235 Fax Number: aSa 129-000
E-mail Address:
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:_
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12

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: 'F1 L' S? N?I??G?mi?y 6`(t1
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):IPi? P 1 NS Dn N g P gls? i N 4 e_
M1 0,C C_V -* 's Zooq 10 -,- 2_0W 53
4. Location
County: P\A de, Nearest Town: (O, '
Subdivision name (include phase/lot number): ik
Directions to site (include road numbers, landmarks, etc.): r O
5. Site coordinates, if available (UTM or Lat/Long):
(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: ?i?
7. Property size (acres): 1oe$5 -hOtg o 00YQ, QN'?f?? Pi J b
r? 0.
8. Nearest body of water (stream/river/sound/ocean/lake): LC?L Al a' eJohei s 4 Co
u&0u tA RA b? -M4 rprop4
9. River Basin: -Tar O-M ko
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adinin/niat),-,
Page 6 of 12
10. Describe the purpose pf the propose I work: 3,0 O'(PDAff :514t ?or S 1 tAe,
11. List the type of equipMent to be used to construct the project;
12.,Describe the land use in the vicinity of this project: SI t\ X-a m lh 1'?S 1 ?et lej
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigatio n (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.
pt P
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.
K nwe
VI. Proposed Impacts to Waters of the United States/Waters of the State
it is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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
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.

Page 7 of 12
1. Provide a brief written description of the proposed impacts: ?-x I I
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres Located within
100-year Floodplain**
ves/no Distance to
Nearest Stream
linear feet
Type of Wetland***
dt pU I
NIA fua? Liu-E

* List each impact separately and identity temporary impacts. impacts mcmuc, Odl Oitl IIUI 11111ILCU W. nil wiwliZGU v-aa.s, g.a .,.s, ....,
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 FEMA approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online athttn:Nwlvw.fcma.ttov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
a\-%M 6s&-
List the total acreage (estimated) of all existing wetlands on the property:VWIA Qkc"V1 qan U'I,
Total area of wetland impact proposed: ewL ,n-h rq am a r, Ad 1.L1 AS (p -L3M
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
(linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif

* List each impact separately and identity temporary impacts. impacts include, out are not limned td: curvciu auu aaavc,aU IIF -IaY,
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 1800-358-9616, or online at
w'Ww.ucos.2oy. Several internet sites also allow direct download and printing of USGS maps (e.g., AxvW.topo7one.corn,
wwlv,manauect.cont etc.).
Cumulative impacts (linear distance in feet) to all streams on site: _N J 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other NNater of the U.S.) below:
Open Water Impact
Site Number

indicate on ma
Type of Impact* Area of
Impact

(acres)

Name ppliWcable) aterbody
(if applicable) Type of Waterbody

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

-
ril
l ' a
r) A

* List each impact separately and identify temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
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): ? uplands ? stream ? 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)
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
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
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://12o.enr.state.ne.us/newet]ands/stnnaide.litml.
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.
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 401/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://l12o.enr.stite.nc.iis/wm/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? 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 (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
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 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? 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
(square feet Multiplier Required
Mitigation
1 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 11 of 12
, • . 6%
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 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.
X1I. 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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No ?
MV. 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).

App 'cant/Agent's Signature 1 Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
HYDE COUNTY TAX OFFICE
P O BOX 279
SWAN QUARTER, NC 27885
252 926-4188
September 28, 2004
Ms. Amy K. Srail
P0Box863
Ocracoke, NC 27960
Dear Ms. Srail:
Enclosed you will find summary bills for account # 200910, which I have
changed to your name and included the E911 address in your mailing address and
summary bill for account # 206653 which I have put a notation on each of the parcel's
billed on that account # showing the E911 address or street name.
You sent a copy of the 1996 tax bill for account # 206653, 1996 was prior to our
tax collections being on computer. The OC on that bill identified the township the
property is in and the 9604664 was the ticket number for that year. The ticket number
changes each year. The account number 206653 should remain the same unless you wish
to have the properties put on separate accounts. In that event next year one of the
properties would have the 206653 number and the other would be assigned a new account
number.
If I can be of further assistance, or if you have additional questions, please do not
hesitate to contact me.
Sincerely,
Sal ,,???? a?x?
Linda M. Basnight
Tax Adm inistrator, Hyde County
TAXPAYER'S NOTICE
RATE PER 1110?1.l3 A5S'cSSED UALLTI(kl HYDE COUNTY TAX OFFICE
TOTAL CO. TAX LEVY I .89 GBERAL FUND SWAN QUARTER, NC 27885
OCRACOKE MKU170 COO[. TAX 11.02
PROPERTY VALUATION TAXES SPECIAL
YEAR REAL PERSONAL TOTAL PROPERTY TRASH COLL TAX
$ S $ $ $ $
1996 63,000.00 3, ,OO. 00 560.70 .00 .00 11 Une., Provisions of GS (05.27., aMai ea vetu•tion of s_-has not teen InduOed. P
DATE
INTEREST
PL assessed on January 6th
PLUS '/. of 190 on the first of
? (J
in

each month thereafter until paid. ?
t

SRAIL AV K.
P 0 Bbx 266
OUX01-1, % MR)-

CODES:
`A-- CREDIT FOR FARM EQUIPMENT
B : CREDIT FOR LIVESTOCK & POULTRY
C - CREDIT FOR MANUFACTURING INVENTORY
KIICE PFMTEM ANOSKIE, K C.
04302
TAXES DUE $EPTEMBER Ist
HYDE COUNTY TAX COLLECTOR
PO BOX 279 SWAN QUARTER, NC 27885
ACCOUNT NUMBER 206653 - -MRACORE
TOWNSHIP
LUUMY TAX RATE---- .7150
KERL E54HIE VALUE _b08,572 3,636.2J
M1.150111.1 L;MKUL KRIE .132010
?r
=PO
2004 1 06784-0678 ADDRESS SERVICE REQUESTED
SRAIL AMY K.
P.O. iOX 863-HWY 12
OCRACOKE, NC 27960
. 013.
TOTAL TAXES D F .is n
IMPORTANT- SEE REVERSE SIDE
t, tt u t t, n n t i n t tt u n
O? ll:fill:s,lllil?tlilttfil:illlllll?filllliliifi{tltlllllfllfill?l
CODE
06653-CC-9604654
Oc I." NN. P
MOSOUITO LATE
CONTROL TAX LISTING TOTAL DUE
S [ 7 S $
1C.6D .0110 573.30
AMOUNT $ $
IAL PAYMENTS IvPaid
TAX CREDIT INFORMATION
VALUATION TAX
TAX COLLECTOR
PRESORTED
FIRST CLASS MAIL
U.S. POSTAGE PAID
SWAN QUARTER, NC 27885
PERMIT NO. 8

DEVELOPED
CONSERVATION
either 404 or coastal
"?!`!!?
,
which may st be
Arfsas be
wetlands. Precise locations mu fi ation and
in-field ver
determined through
analysis of 404 wetland areas by the
etlands
s and coastal w well
anC
Caps of Engineer
Army p"onnel*
ulatory
by CAMP, reg
h water
ll areas lying 0-75' landward of the mean high

f areas
re, estuarin e shoreline Not

$er
1) A
o
iota lei of estuarine waters a
conservation lands. mopped. Precise
ately
ified as
COT
N.C.
accur
and class
scale. these areas connoted in the field. All uses shall
in
this plan-
i
b
date U.S. Coast
e
n
lleles contained
a
locat;ans with the P
anmade ditches are not considered
consistent
the
-?
Guard
m
be
shorelines along are not subject to
Estuarine and therefore Ian. Monmade
n areas.
i
'
o
conservat
7H use standards
shoreline policies Cant 15A NCAC
estuarine
nmade ditches.
d ditches.
ma
e
Canals are consider shorelines along
the estuarine
to
will apply estuarine
as
das
r public
trust areas
icinit ocoke are
.0206, or Pu
of 5A OorNCAC 7H
ent shall be
ll Wut? In t
y
ribed by
-IOPm
1
All
ote 2) A
waters ,as desa 15A NCAC 7H.0207. Ian. Scarborough Rd.
d in this plan. SR 1327
d by
ib
e
taine
as descr
ith the policies con
cansistent w
PAV0 ROADS
CM4ALS
CMMTY UHE
QXAr trC six[
• s
i c z
•
1 901 . 4 ILFS
NC STATE PLANE COORDINATE SYSTEM
)CRACOKE ISLAND IS 0101-LY CONTAINED IN A
3INCLE HYDROLOGIC UNIT - 03020105090030
Moryonns
pond
MAe a
LAND CLASSIFICATION SYSTEM
HYDE COUNTY. NORTH CAROLINA
?• 1
UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
76°00' 4090oom E l 110 111 '12 57'30'
35°07'30'+
l
3887000m N
?/( t 1 C Norto nt s Q U N heni D
A 1'? L 1 Mary Anns p - -- -; / w
P p ; -
C HATTERAS
NAT SEASHORE/ Horsepefi
au,? !i?.aco Poin x3 \
L ?
'°85 Coast Guard St i???t \ \? ?• . n ' ??
,
Lt r2?j o
.;y ,?\ • ?' >1, ONE
WindmiT1 cracoke ? ? ?.. ,t
R . Sillier Point
I Ocraco e
Boiler ' ?• ?" O? , j ,? Q \_
Piles ° :'?? • .+. ' ?•/ ,?•
Cockle Shoal Lt Q B T
_-
° Tower /?.
Pile
3885
SPrln ers
P9oint
I
I Tenk r
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QI Airport
WI -
I i
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Channel Lt/%
i ,
3883 i
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MN.. ONE- ?oY -?h?s mc? urnc?c,? e dA
MAP
?Togcsea kil\ .
4,55(L' -? 8?I
cTATE Of NORTH C
COUNTY OF HYDE
I. RCY[¦ OirICCR or HTTr COUNTY.
1 INAi [ Y W RAT O IRHKN TI$ 1fICATICH K NILK D MUTT
ALL STATUTGTHY REONRUHOHTS r RECOROR ./ I
/ - "0 OFFIGOt
S / ek-, /.?., ' _ zoo
L YAWAM RAY M EEKINS CERTIFY THAT MS RAT WAS DRAM UNDER
MY SUPE M.pS{HpOMJy?r1ROY.AN ACTUAL AIRK'{,YADC UNIDO YT QWERVISION
(D[t0 DES/T /(/LRL? TY PUUX REOSTR* THAT RATIO Or
PRECT9OH ANSI CALCULATED K 1/10.0004; THAT THIS RAT ms PRIPARED
M ACCORDANCE M?TgNAGS 17-00 AS AA[)AYD. MMTS Ys QytyHK
SIfAHAIINE . REwS`•DOtl M?A2W`. SQL X1+3 M ?L2? DAY
Hy .4 ! 7
AVCYCN L-2592
;2oQL?EILSSio
a SEAL
L-2?5`99222
-'• ;: RAY µ`';.?•
LINE TABLE
LINE LENGTH BEARING
LI 50. DO S26630102'V
L2 39.70 526-' D21V
L3 35.00 N62'30'00'V
L. 38.78 S27'30'00'V
LS 45.00 H62'30'DO'V
L6 39.70 S26'30'02'V
L7 I.DO N62'30'DO'V
LB 50.00 S26'30102'V
L9 I.DO N62-3(YD0•V
•Nnnun•-
N 42:, bk t,W kx)k4?VN ^ 1 goo Si Or
c\v iv ev,x?? = zoo s ? b?"
C7S• \ 1??'l?JV i t1'?
/OLLDIrM, ? \ VSt.?/
L MANsOH RAY NNEllIM PLS. CIAT" 10 ONE Or 1,1E
AS CKCKED BELON;
A. TNAC THE SuAtiEY CRCAT[S A SI.OOMS.- Cr
L""1 IMNAS 7JI CROMANC[?TMAT EGU AnsWMAEIn
PARCEL3 Of LANG
? B. THAT THE SURVEY Is LOCATEO IN A P011TION Or A
COU HTY OR MIMOPAUn THAT IS UNREGULATED
As 10 AN a1DNAN[t THAT REOAATES PARCELS
Or LANM.
Q C. ANY ONE or THE FOLOMHOc
1. THAT THE "AT IS Or AN EASTNO PARCEL OR
PARCELS Or LANG ANO DOES HHOT CREATE A NEW
5TREE I OR CHANGE AN LASING STREET:
L THAT 114 SURVEY IS a AN EASING BUKDNNC
OR OTHCR STRUCTJH+[. OR NATJR/L rEATURE.
SUCH AS A NA IINCOURSL' OR
S. THAT THE "AY K A CONTROL ArVEY.
? 0. THAT THE SURVEY is or Aoono 1 Utrowy.
9" AS IRE RECOHHBNArgN Di UOSTNG PARCELS.
A COURT-ORO(/NCD SURVEY, OR OTHOI EXCEPTION TO
TO THE pFIH r10N Cr Su6ONSIOL
? E THAT THIE INFORMATION AVAAAAL TO LIE IS SUCH THAT
1 AM UNABLE TO YAAE A WEPWINATION TO IM BEST
///E(/ OOrr MY PROFESSIONAL ABILITY AS TO THE PRON90NS
PA.S ` L-x507
Plot Plan meets the Ocracoke
Development Ordinance
Requirements for a buildable lot
,S&E .? 20 io?z
Development Ordinance Of tier
fie w H !.40CovetbNC
oR tt.1 C rd3se AM
R4for of Des4
CIgBE
I?
? Fu
I?g LOT 86
IV
I
N 26.30'027 E 135-OW _ ?-
?p
tJ 88
I?
IIR8LOT 85
8$
I?N
? I
LOT 84
\
\ W
.$J
GroF'1'O \ sl
R?7 ?Oqp \
NOTES
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Pre-Construction Notification (PCN) Application Form
O?
70
00
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
http:/h;ww.saw.usace.armv.mil/wetiands/Perm anp.htm
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.armv.mi]/wet]ands/re-tour.]itrr? or contact one of the field
offices listed on page 3 of this application. The website also lists the 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.ne.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).

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 Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE 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, 65 Fed. Reg. 12893 (March 9, 2000), available at
http•//w-,ww saw usace army nlil/wetlands/nwpfinalFedReQ.ndf. 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 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials ti the Division of Water Quality, 401/Wetlands 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 cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the 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 http://b2o.ehnr.state.nc.us/newetlands/fees.litmi. 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 Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Sur y
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 Pitt
US Army Corps Of Engineers Berrie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret' Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan Nati onal Forest Only
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
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
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
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
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: tom steffens
WQ Supervisor: al hodpp
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Amv Srail
Project Number 05 0348
Recvd From APP
Received Date 2/22/05 Recvd By Region
Project Type Residential
County flyde
County2
Region Washington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
18 Fbt O Y O N ??F_F_F_ 0.10
rOv ON ????F__F__F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) 350631 Longitude (ddmmss) 755821
Comments:
issue n/c
cc: Regional Office
Central Office Page Number 1
?5-°348
U.S. ARMY CORPS OF ENGINEERS
Wilmington District coo"...
Action Id. 200510675 County: Hyde U.S.G.S. Quad: Ocracoke v
NOTICE OF INCOMPLETE PRE-CONSTRUCTION IFICATION
D ??QM
Property Owner/Authorized Agent: Amy K. Srail l/
Address: Post Office 863 I?1gR
Ocracoke, North Carolina 27960 2 ZOQ?
Telephone No.: 252-921-0235 F'r?SaD310? QU 1E'ii ?tTl
c?Z,1"CN
Location/Description of Proposed Activity: Lot 88B contains 5,399 square feet (0.12 acre) located at
the end of Lake Road on the south side, in Ocracoke, Hyde County, North Carolina.
Type of Permit Applied For (check one): IP U NWP (]?) GP U
Applicable law: Section 404 of the Clean Water Act (]!j); Section 10, Rivers and Harbor Act U
YOUR APPLICATION/PRECONSTRUCTION NOTIFICATION IS INCOMPLETE AND CANNOT
BE EVALUATED UNTIL THE FOLLOWING INFORMATION IS RECEIVED (CHECK ALL THAT
APPLY):
Your Pre-Construction Notification Form has not been completed and/or signed. (See remarks)
X Permits for work within Waters of the United States, including wetlands, are available only after
all appropriate and practicable measures to mitigate for more than minimal adverse effects to the aquatic
environment have been taken. Your Pre-Construction Notification Form does not include sufficient information
describing measures taken to avoid and minimize impacts to Waters including wetlands and/or a compensatory
mitigation proposal. (See remarks)
Your submitted project plans or maps were insufficient, too large, or not legible (See remarks)
X Your Pre-Construction Notification Form did not include a delineation of affected special
8
aquatic sites, including wetlands, vegetated, shallows, and riffle and pool complexes as required.
X Other (See remarks)
REMARKS:
Justification for the entire 4,356 square feet of wetland fill has not been provided. Single family dwellings
can be constructed on pilings over wetlands without fill. Wetlands must be identified on the map.
Compensatory mitigation is required; therefore, Section VIII should be completed. Sections XI, X11, and
XIII should be completed.
Please Supply the requested information to USACF., Post Office Box 1000, Washington, North Carolina 27889, so
that processing of your request may continue. If there are any questions regarding the information included in this
notice or the Corps of Engineers regulatory program, plea ontact William Wescott at [phone] ext. 25.
Corps Regulatory Official: LUGS Date: 03/21/2005
Cc: File
NC Division of Water Quality
NC Division of Coastal Management
Triage Check ]List
S
Date Projett Name:
DWQ#: 03 ?)
County:
To: ? ARO Kevin Barnett X WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: Telephone : (919) 6 t?
The file attached is being forwarded to dour for your evaluation.
Please call if you need asst}stance.
1
? Stream length impacted t
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues \ (? ,
`Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) -?S
I?
? Pond fill
? Mitigation Ratios
? Ditching -{CliU-? G rii C?
? 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
Comments: