20051160 Ver 1_Complete File_20050623

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Pc n it Class Permit Number
NE'W _125-05 --
STATE OF NOI011 CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
J
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to BrouLhton T. Dail, Sr. and F.J. Outland, P.O. Box 366 Hertford, NC 27944
Authorizing development in Perquimans County at Perquimans River, Lot. 5, Ainsley Rd.,
Parksville, Old Neck , as requested in the permittee's application dated 6/1/05, includinthe
attached workplan drawings (2) both dated 6/1/05
This permit, issued on August 8, 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Shoreline Stabilization
1) The authorized alignment of the bulkhead shall be constructed in a straight line between the corners of
the two adjacent bulkheads.
2) The bulkhead shall be constructed prior to any backfilling activities.
3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
L/ ?f
V Charles S. ones, Director
-61vision of Coastal Management
This permit and its conditions are hereby accepted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
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Broughton 1'. Dail Sr. and F.J. Outland Permit It 1.25-05
Page 2 of 2
ADDITIONAL, CONDITIONS
?l) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by department personnel. No excavation shall be permitted except for that
which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This
permit shall not authorize any excavation waterward of the approved alignment.
5) The backfill material shall be clean and free of any pollutants except in trace quantities.
6) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
7) No backfill material is to be placed within 30 feet of the normal water line, except that which may be
used to backfill the area behind the permitted bulkhead. No other land disturbing activities shall take
place without permit modification.
Sedimentation and Erosion Control
8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
9) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.
General
10) No vegetated wetlands shall be excavated or filled, even temporarily.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3490 (DWQ Project No. 05-1160).
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200511221.
O? W AT U6
-i
O '<
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 5, 2005
F. J. Outland and Broughton Dail
P.O. Box 366
Hertford, NC 27944
Subject Property: Lot 5, Ainsley Road
Parksville, NC
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 05-1160
Perquimans County
Approval of 401 Water Quality Certification (GC3400) with Additional Conditions
Ladies and Gentlemen:
You have our approval, in accordance with the attached conditions, to place fill material within or
otherwise impact 0.0328 acres of waters to arrest shoreline erosion as described in your application
received by the Division of Water Quality (DWQ) 401 Oversight/Express Review Permitting Unit on
June 23, 2005. After reviewing your application, we have determined that the Division of Water Quality
(DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification
allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers
(USACE). In addition, you should get or otherwise comply with any other federal, state and local
requirements before you go ahead with your project including (but not limited to) erosion and sediment
control regulations and CAMA. 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 (Units) Plan Location or Reference
Waters 0.0328 (acres) DCM-MP1
2. Certificate of Completion
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.cnr.state.nc.us/ncwetiands
NorthCarol ina
Jlatura!!y
An Equal Opportunity/Aff irmative Action Employer - 50% Recycled/100/o Post Consumer Paper
F. J. Outland and Broughton Dail
Page 2 of 2
August 5, 2005
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 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
3. Water Quality Certification
The proposed project must comply with all of the conditions of General Water Quality
Certification (GC) 3400.
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 water
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the
North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481.
AWK/ijm
Enclosures: GC 3400
Certification of Completion
Sincerely,
Al W. Klimek, P.E.
cc: B.T. Dail, Jr., 150 Ainsley Road, Hertford, NC 27944
Doug Huggett, DCM
USACE Washington Regulatory Field Office
DWQ Washington Regional Office
File Copy
Central Files
Filename: 051160FJOutland_BroughtonDail(Perquimans)401 CAMA
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June 22, 2005
MEMORANDUM:
TO: Cyndi Karoly
Environmental Biological Supervisor PM
t??` v D
Division of Water Quality
JUN 2 3 2005
FROM: Doug Huggett
DENR -WATER QUALITY
Major Permits Processing Coordinator V ETLANDSAND STORMWATER BRA14CH
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Broughton T. Dail, Sr., and F. J. Outland
Project Location: Lot 5 Ainsley Road, Old Neck Community, SR 1416, Perquimans County
Proposed Project: Replace existing bulkhead and backfill
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 13, 2005, to 400 Commerce Avenue, Morehead City, NC 28557. If you have any
questions regarding the proposed project, please contact Kim Hedrick at [phone]. When
appropriate, in-depth comments with supporting data are requested.
REPLY: is agency has no objection to the project as proposed.
_??This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED
DATE
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Affirmative Action Employer-30% Recycled by Fiber Weight
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
0
~
1. APPLICANT'S NAME: Broughton T. Dail, Sr. , and F. J. Outland
2. LOCATION OF PROJECT SITE: Lot 5 Ainsley Rd., Old Neck Community, SR 1416, Perquimans
County, adjacent to Perquimans River.
Photo Index - 2000: 160-1759 (S-14) 1995: 160-1648 (N-7) 1989: 118-4 (Q-9)
1984: 116-809 (H-13) 1979: 128-1612 (V-14)
State Plane Coordinates - X: 2,758,000 Y: 896,600 Hertford, N.C.
GPS - B060113A
3. INVESTIGATION TYPE: CAMA, D&F
4. INVESTIGATIVE PROCEDURE: Date of Site Visit - 06/01/2005
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - 06/06/2005
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Perquimans County
Land Classification From LUP - Conservation
(B) AEC(s) Involved - PTA, EW, and ES
(C) Water Dependent - Yes
(D) Intended Use - Private, Residential
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Old wooden bulkhead
Planned - New vinyl bulkhead
(G) Estimated Annual Rate of Erosion - 20 feet in area bulkhead failed
Source - Applicant
7. HABITAT DESCRIPTION: (AREA]
DREDGED FILLED GRADED
(A) Public Trust Area, Estuarine Waters 1 I 1,428 sq. ft.
(B) Uplands in Estuarine Shoreline AEC I I I 7,500 sq. ft.
(C) Total Area Disturbed - 8,928 sq. ft. (0.20 acres)
(D) Primary Nursery Area - No
(E) Water Classification - SB Open - No
8. PROJECT SUMMARY: The applicant proposes to replace an existing bulkhead that was damaged by
Hurricane Isabel.
Field Investigation Report
Broughton T. Dail, Sr., and F. J. Outland
Page 2
PROJECT SETTING
The site of the development proposal is a 17,800-square foot vacant residential lot located at Lot 5
Ainsley Road off SR 1416, in Old Neck Community, in Perquimans County, and adjacent to the
Perquimans River. The property is mostly flat with a gradual slope to the Perquimans River and
vegetated with indigenous grasses and a sparse stand of native cypress and pine trees at the water's edge.
Some of the trees were damaged by Hurricane Isabel and have been removed. The property has an
average elevation of 9 feet above normal water level (NWL) and has a sand and clay soil mixture. Man-
made features on the lot consist of a failing bulkhead with remnants along the 100-foot long shoreline. A
70-foot long section at the northwestern one-third of the bulkhead failed during Hurricane Isabel and the
shoreline has eroded an average of 20 feet in this area.
The adjacent properties to the north and south are developed residential lots with single-family
dwellings and shorelines with wooden bulkheads and pier structures.
The water depth close to shore ranges from 0.5-3.0 ft. The waters of the Perquimans River in this
area are classified as SB by the Division of Environmental Management and are closed to shellfish
harvesting.
DEVELOPMENT PROPOSAL
In order to repair the existing bulkhead structure to provide shoreline stabilization and prevent further
erosion, the applicant proposes to construct 100 feet of new vinyl bulkhead 1-foot waterward from the
alignment of the old wooden bulkhead. The proposed bulkhead alignment will have an average distance
waterward of NWL in the eroded area of approximately 20 feet. The proposed bulkhead alignment will
be consistent with the remaining adjacent bulkheads to the north and south.
ANTICIPATED IMPACTS
The development proposal will result in the filling of approximately 1,428 square feet of Public Trust
Area and Estuarine Waters Areas of Environmental Concern. It is anticipated after the work is completed
on the bulkhead, that the property will require grading and seeding which will likely result in
approximately 7,500 square feet of Estuarine Shoreline disturbance, and 51 cubic yards of clean, dry,
bulkhead fill material from an upland pit. Temporary water turbidity will occur during construction.
The use of a filter cloth behind the bulkhead will minimize future erosion and turbidity.
Submitted by: Kimberly A. Hedrick
Date: 06/14/2005
cn (?.r
ale:., ?y
Form DCM-MP-1
JUN
}
A P x L I CA' A ri F Mr), L,0'1 "LrA p
?r A
(To be completed by all applicants)
b. Ci town, community or landmark
_ ?S
1. APPLICANT
a. Landowner: M/M x. ?. ©w
Name s?-
?•
Address
City Aiffa_M? ' State Ak_4
Zip 17g Day Phone o -?
Fax ---t==--
b. Authorized Agent:
Name
Address
State_
City
Zip. Day Phone c?'cf ?f" 9l
Fax VA-__
c. Project name (if any) ?L R•
NO7E. Pcrrrct will be issued in name 011=downer(;), and/or
project r4ma.
a. County c. ' Street dress or secondary road number
2. LOCATION OF PROPOSED
PROJECT
oa4 5 , i? i n??v SSG.
d. Is proposed work within city limits or planning
jurisdiction? Yes ? No
e. Name of body of w Pr nearest project g.. river,
creek, sound, bay) e- n3 It/er
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
ex vation and/or fillip activities.
L!L
w o e ?1 n1
b. Is the proposed activity mainten ce of an existing
project, new work, or both?
c. Will the pro ect be for public, private or commercial
use? ?` rR
d. Give a brief description of purpose, use, methods of
constriction and daily operations of proposed
project. If more space is needed, please attach
additional pages. *,H S4oP e-LbM?J 0MLSz!4
. % .T . . T-A o 14
,e r
o^,
p ?Nt
Revised 03/95
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract X00 J
b. Size of individual lot(s)
C. Approximate e ?ation of tract above MHWr/
d
?L
d. Soil type(sand texture(s) of tract
_ Jkd4td a- &A V
e. Vegetation on tract g.&S teTkM5
f. Man-made features now on tract ?i11?C11-
g. What is the CAMA Land Use Plan land
classification of the site? (Co=up the local land we pLanj
v/Conservation Transitional
Developed Community
Rural Other.
h. How is the tact zpned by local government?
i. Is the propose",, ect consistent with the applicable
zoning? es No
(Attach Zoning compliance cerrificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed ore?g ible property?
Yes ? No
1. Are there wetlands on the site? Yes ? No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach do=mentation, if available)
m, Describe existing wastewater treatment facilities.
ALAI
n. Describe location and type of discharges to waters
of the state, (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" anreadential discharges.) rt-f?
o. DescI be existing drinking water supply source.
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
© A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an S 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
o A Stormwater Certification, if one is necessary.
® A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name ?1 ?ASKc
Address S- -TN 'eD lid-
Phone 2SZ- `?u" 540
Name ..Y- 2
lC.
Address a S'0 suF Q, vRb?A
Phone ?6'a- ?sL- S-3a t -
Name a
Address
Phone
o A list or previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
JUN ° 'U" L u5
,7 .
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of JUN , aqM
Print Name 13? • .
Signature
U=n1d:40 er or Authorized Agcnl
o A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
o A signed AEC hazard notice for projects in
oceanfront and inlet areas.
o A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Please indicate attachments pertaining to your proposed
project.
? DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195
L L
AND
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all other
sections of the Joint Application that relate to this proposed
project.
Describe below the purpose of proposed excavation or fill
activities. All values to be given in feet.
O/A
Access channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
Average F•mal '
Lmgth Width Existing Project
tenth Depth
•

=fir=' .':L•y:.?;,?i

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C?--1
JUN - .
00A';TAL P<?ANAC--n r =
1. EXCAVATIOI??_V?'?o??" Eye
a. Amount of material to be excavated from below
MHW or NWL in cubic yards - JA)
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh),' submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area? A 1?
Yes No 'I/
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands? /"/
Yes No
f. Does the disposal include any are in tl e water'?
Yes No AI /
Form DCNf-W Z
3. SHORELINE STABILIZATION
a. Type of oreI e stabilization
Bulkhead Riprap
l
b. Length 1 b
If yes,
(1) Dimensions of fill area
(2) Purpose of till
c. Average distance waterward of MHW of NWL[ /f 5, GENERAL
d. Maximum distance waterward of MHW or NWL a. How will excavated or till ate 'al be kept on s
?-? ?e? f - and erosion controlled'? .•? ??
Shoreline erosion during preceding 12 mon
v C ? 'n w?
(Source of information) 1VA
f. Type ' bulkhead o riprap material
g. Amount of fill in cubic yards to be placed below water
level
(1) Riprap
(2) Bulkhead back-fill ?? ?+ Ta S
h. Type of fill material ?Lt_ah1
i. Source of fill material ti-PI-Mb OA) kAy
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the water AIIA
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands? my
Yes No
b.
C.
erpstwd VI
?P7U2 D AW y P01.
What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
-5?,e- K' Ape ra ?vR
Will wetlands be crossed in transpo . g equipment
to project site? Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
e3- T
Appli • nt ur r t Namc
c
Signature
4 1-- D
Date
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MAJOR PERMIT FEE MATRIX
Applicant: Broughton T. Dail, Sr., & F. J. Outland
Selection Development Type Fee DCM % DWQ %
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
1. Private, non-commercial
10 development that does not $250 100% ($250) 0%($0)
involve the filling or
excavation of any wetlands
or o en water areas:
II. Public or commercial
development that does not $400 100%($400) 0%($0)
involve the filling or
excavation of any wetlands
or o en water areas:
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). For Private non-
® commercial development, if $250 100%($250) 0%($0)
General Water Quality
Certification No. 3301 (see
attached can be a lied:
I(B). For public or
ommercial development, if $400 100%($400) 0%($0)
eneral Water Quality
l
ertification No. 3301 (see
be a lied:
22n
att@Eh2d?
.
III(C). If General Water
Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
a uatic life:
III(D). If General Water
Ej Quality Certification No. $400 60%($240) 40%($160)
3301 (see attached) cannot
be a lied:
IV. For development that
involves the filling and/or $475 60%($285) 40%($190)
excavation of more than
one acre of wetlands and/or
open water areas: