20051714 Ver 1_Complete File_20070827

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1
IN REPLY REFER TO
Regulatory Division
Action ID: 200511252
Mr. Lawrence W. Williams
812 Smithfield Avenue
Hopewell, Virginia 23860
Dear Mr. Williams:
1
JUN 3 0 2005
GENR-1NAfFkGl
11'ETLF :?S FTG D S t'ar`iltTcft Si'. '' r
This correspondence confirms the June 20, 2005, onsite inspection conducted by Messrs.
Raleigh Bland and William Wescott of my staff, and Mr. Mike Wylie and Ms. Kacy Campbell of
the U.S. Environmental Protection Agency, on your property located off N. Holiday Boulevard,
adjacent to the North Drain and the Pamlico Sound, in Rodanthe, Dare County, North Carolina.
The purpose of this inspection was to investigate the continuation of unauthorized filling
activities you have undertaken within jurisdictional wetlands on your property.
My staffs inspection revealed that you are responsible for the placement of earthen fill
material within an undetermined area of high quality wetlands subject to our regulatory
jurisdiction within the North Drain adjacent to the Pamlico Sound. This activity, undertaken in
waters of the United States without the prior approval from this office in the form of a
Department of the Army (DA) permit, constitutes a violation of Section 301 of the Clean Water
Act (33 USC 1311).
By copy of this letter, you should cease and desist from any further unauthorized work within
waters of the United States, including wetlands. My staff will be contacting you in the near
future to address restoration of the affected wetland areas on your property, including the
removal of all unauthorized fill material.
Failure to comply with this request may result in referral of this matter to the United States
Attorney and/or the Wetlands Enforcement Section of the United States Environmental
Protection Agency with a recommendation for appropriate action. Additionally, we are
considering civil or administrative penalties against you for this work.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
June 28, 2005
.6
-2-
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
'??d k
David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Garland Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
4L
-3-
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ted Tyndall
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Ted Sampson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1367 US 17 South
Elizabeth City, North Carolina 27909
Ms. Kacy Campbell
Wetlands Section
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Jack Flythe
Dare County Health Department
Post Office Box 1000
Manteo, North Carolina 27954

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- - Ecosy stem
PROGRAM
RECEIPT
Lawrence W. Williams
812 Smithfield Avenue
Hopewell, VA 23860
Project: Rowan Beach, Lot 73
County: Dare
SFP 2 7 2005
DENFt - WATER QU.?L11Y
Iti 'iD3 ANQ ETAFW, HATER L VVCH
September 22, 2005
D W Q #: N/A C S- I 1 1
COE #: 200511252
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $3,280.75, check
number 1175, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404
Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation
requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any
other state, federal or local government permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated in the table
below.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Tar-Pamlico 0 0.20 0 0 0 0 0 0
03020105
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggctt, Division of Coastal Management
Tracey Wheeler, USACOE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
William D. Gilmore, PE
Director
Si byely,
pp ?? ic'j
,77- If
1ZP,sto?ut?... F ... Prot" aw. State
14 9± A
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 11, 2005
Mr. Lawrence W. Williams
812 Smithfield Avenue
Hopewell, VA 23860
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 20051714
Dare County
Subject Property: Lot# 73, Rowan Beach Estates, Village of Rodanthe, Kinnakeet, NC
Pamlico Sound [03-03-07, 29-(40.5), SA, HQW]
"After the Fact" Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Williams:
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 for the purpose of residential construction at the subject
property, as described within your application dated August 15, 2005 and received by the N.C. Division
of Water Quality (DWQ) on September 8, 2005 and additional information received on September 26,
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, 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:
Amount Approved (Units) Plan Location or Reference
404/CAMA Wetlands 0.10 (acres)
Ole
tCarolina
Np
401 Oversight/Express Review Permitting Unit Ndmirallif
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recyclcd/l0% Post Consumer Paper
Lawrence W. Williams
Page 2 of 3
October 11, 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 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 Oversight/Express Review Permitting 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
1&
Lawrence W. Williams
Page 3 of 3
October 11, 2005
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/cbk/bs
Enclosures: GC 3402
Certificate of Completion
cc: USACE Washington Regulatory Field Office
DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Si fcera
Alan W. Klimek, P.E.
Filename: 5:\2005 Correspondence\05-1714 Lawrence Williams (Dare) 401.doc
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September 21, 2005
Division of Water Quality
401 Oversight / Express Review Permitting Unit
2321 Crabtree Blvd
Raleigh NC 27604
Dear Ms. Karoly,
r? @;?, R 0 W R B
SEP 2 6 2005
DENR - WATER QUALITY
INETLMS AND STOPJAVATER BRANCH
I have received your letter and in response I am enclosing a copy of the survey that shows
the site for the house. The house and deck would require 1008 sq feet and driveway 200
sq feet for a total of 1208sq feet of "proposed" impervious surface acreage.
I do not have plans to build at this time and it may be three to five years before I will
begin construction.
Please feel free to contact me by email or phone if there are any further questions I can
answer.
Sincerely,
Lawrence W. Williams
812 Smithfield Ave.
:?cpe:: e>> ?1 e 23860
[phone]
e098520nyahoo.com
cc: Kyle Barnes, DWQ Washington Regional Office

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O? WATF9 Michael F. Easley, Governor
\O? QG William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
September 16, 2005
DWQ Project # 05-1714
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Lawrence W. Williams
812 Smithfield Avenue
Hopewell, VA 23860
Subject Property: Lawrence W. Williams Property
Pamlico Sound [030307,29-(40.5), SA, HQW]
REQUEST FOR MORE INFORMATION
Dear Mr. Williams:
On September 8, 2005, the Division of Water Quality (DWQ) received your after-the-fact
application dated August 15, 2005, to impact 0.10 acres of wetlands to construct the proposed
residence. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we will have
to move toward denial of your application as required by 15A NCAC 2H .0506 and will place
this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide site development plans depicted existing wetlands prior to impacts.
2. In Section XI of the application, please indicate total "proposed" impervious surface
acreage of the house footprint and driveway, and any other "proposed" buildings, etc.
prior to impacts.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
401 Oversight/Express Review 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: httn://h2 o.enr.state.ne.us/ncwetlands
NonsthCarolina
,latura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Rccycled/l0% Post Consumer Paper
Mr. Lawrence W. Williams
Page 2 of 2
September 16, 2005
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijin
cc: Kyle Barnes, DWQ Washington Regional Office
USACE Washington Regulatory Field Office
File Copy
Central Files
Filename: 051714Lawrence W. Williams(Darc)On_liold
DW,0# 0-1714 Lawrence W. Williams Property (w/ attached letter)
Subject: DWQ # 05-1714 Lawrence W. Williams Property (w/ attached letter)
From: Laurie Dennison <[e-mail]>
Date: Mon, 19 Sep 2005 07:14:31 -0400
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please
do not send your response as a reply to this e-mail or via fax. The hard copy is
being sent via US Mail. All response correspondence is to be mailed via hard copy to
the 401 Oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604
unless otherwise noted.
051714LawrenceW.Williams(Dare)On_Hold. doe Content-Type: application/msword
Content-Encoding: base64
1 of 1 9/19/2005 7:15 AM
Date:

T:ia e Che
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DWQ#: Cl?-
County: -
To: ? ARO Kevin Barnett. ' LD Wa.RO.. Tom Steffens and Kyle Barne,
? FRO . Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Nike Horan
•-• / t%
?5rom TelePhone : (919
. )
The file attached. Is being forwarded4o-. our for your evaluation.
Please call if you need\'.0 Lance.
? Stream length impacted ??
Stream determination
? Wetland determination and distance to blue-line surface'. waters on USFW topo maps
? Minimization/avoidance issues
? BufferRules'(Neuse, Tar-Pamlico,'Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings? -
? Cumulative impact concern "

S
TaxIngParce12 Page I of 1
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Y O Public Information Files Text Menu Depan7nents -?
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Inquire by Parcel number
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Fife Date: 07/28/2005
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Enter the 9-digit Parcel Number: 012. 673000 (No spaces or -'s) ,
Find Parcel New Search ` Reset':
PARCEL DATA SHEET QUILDING_P_HOT_OS COLLECTIONS
arcel: 012673000 Owner: WILLIAMS, LAWRENCE WAYNE
IN: 065809076357 Owner2:
t#: 24231 Dir: N Addr: 812 SMITHFIELD AVE
OLIDAY BLVD Addr:
istrict: [15 ] RODANTHE Addr: HOPEWELL VA23860
ubdiv: [R660] ROWAN BEACH ESTATES Own nature:
otBlkSect: Lot: 73 Blk: Sec: Deed Date: 10/5/2000
IultipleLots• - Deed Bk/Pg: 1345/309
latCabSlide: PL: 4 SL: 38 Units: 1
PUSE: [0010]Vacant Land
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SEP 3 2005
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Pre-Construction Notification (PCN) Application Form
QG
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer'Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
www.saw.usace.army.miI/wet]ands/Perrnits.btml.
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 ??'??'?}'.saw.us?ce.armv.mil/???etlancls/index.html, 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
htt V://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet should
contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application) prior to submittal of the application.
Page I of 12
4
v
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, 67 Fed. Reg. 2090 (Jan. 15, 2002), available at
http://www usace armv.mil/inet/fiinctions/cw/cecwo/reg/2002nvTs.pdf. Processing times vary by
permit and begin once the application has been determined to be complete. Please contact the
appropriate regulatory field office for specific answers to permit processing periods.
401. 3?ater.Qual ry_Certification or offer ules - All irfoimation :s required unless other-;vise stated
- . _.r. .
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to 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 httn'//h2o ehnr state nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
!I
US Army Corp s Of Engineers Field Offic es 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] Cabamis Graham Madison Stanley
Raleigh Regulatory Field Office Alamance • Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality
401 Wetlands Unit Ecosystem Enhancement Program
1650 Mail Service Center 1652 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1652
Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone]
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Page 3 of 12
Q
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Beaufort Chowan
Bertie Craven
Brunswick Currituck
Camden Dare
Carteret Gates
Hertford Pasquotank
Hyde Pender
New Hanover Perquimans
Onslow Tyrrell
Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell
3855 Idlewild Road Ashe Mitchell
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
to
i Buncombe Henderson
r
na
Mountain Region Coord
20830 Great Smoky Mtn. Expressway Cherokee Jackson
Waynesville, NC 28786 Clay Macon
Telephone: [phone] Graham Madison
Fax: [phone] Haywood McDowell
Watauga
Wilkes
Polk
Rutherford
Swain
Transylvania
Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Page 4 of 12

Office Use Only: Form Vcrsion March 05
USACE Action ID No. DWQ No.
.. .• . . .. 11?T _. •- . 1. III.T/A 11 \
(it any parttcuiar Item is not app icao,c w uus FlUJULA, FJcaac cincl ivVL FFii?aul%.. V! .)
1.
II.
Processing
1. Che k all of the approval (s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer Rules
V ection 10 Permit ? Isolated Wetland Permit from DWQ
01 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
1. Owner/A plicant Information
Name: t?wr?..NQE W
Mailing Address: 1 L 5
E @ Lm: 3 0 W Ir, --11 P
Telephone Number:-
E-mail Address:L
- 6,11 -109ti Fax Number:
0
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: -
Company Affiliation
Mailing Address:
Page 5 of 12
Telephone Number: Fax Number:
E-mail Address:
9
III.
Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather,than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): o (o S ©9 0 7 '7 7
4. Location
County: ?tavL Nearest Town: o e- N
-
Subdivision name (include phase/lot number): -
Directions to site 1 include road numbers/names, landmarks, etc.): h?N RV 12
?-.. In ` c?1 r\ w1 \ ?l! Y to 1 O? -,`C L N 1V e v to X cs i A G4 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): N ')1 `' 15 - &L-ON S / 1 e 15' U-) OW
6. Property size (acres): X
7. Name of nearest receiving body of water: ?b??h ?r(???-? f1C??nN? JC% PAMIICO 5GCWJ
v
8. River Basin: - ` - N?
(Note - this 2st be o e of North Carolina's seventeen designated major river basins.
River Basin map is available at bttD://h2o.enr.state.nc.us/admin/maj?s/.)
9. Describe the existing conditions on the site and
at the time of this application: ? Ae to NA ? A
Page 6 of 12
The
land use ip the vicinity of the project
t
10. De cribe the overall rojectt in detail, including the type of equipment to be used:
_ nAy L \-FOY FA1Y= i?
IV.
11. Explain the purpose of the proposed work: PA't N i mum s t het d
N 'S
Prior Project History
if jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. NIA i u N AD -* 10t6'112- q-
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.
VI.
Proposed Impacts to Waters of the United Statcs/Waters of the State
it is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: (? ? n1ti t?v M F??? ?u Y
?oL S%. VAc? ? 5L-t bt>?\<S ? ?Jci?L W (?V -

Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
t__ 11- ..4...1- 4.. 1-41, cf-f- o onri flnntjinn
JG al Q

Wetland Impact
Site Number
(indicate on map) ll.l

Type of Impact
Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100-year
Floodplain
es/no
Distance to
Nearest
Stream
(linear feet
Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: .??
1
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
mans and profiles showing the linear footprint for both the original and relocated streams
must b
Stream Impact
Number
(indicate on ma e included. To calc

Stream Name ulate acreage, mul

Type of Impact ti 1 len n A
Perennial or
Intermittent? wiatn, inen ar
Average
Stream Width
Before Impact vlae o -to,.)
Impact
Length
linear feet VV.
Area of
Impact
acres

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
ofn

Open Water Impact

Site Number
(indicate on ma

Name of Waterbody
(if applicable)

Type f Im act
P ---
Type of Waterbody
lake, pond, estuary, sound, bay,

ocean, etc.
Area of
Impact
(acres)

Total O n Water Impact (acres)
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres):
Wetland Impact (acres): -
Open Water Impact (acres :
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on he pr perty?? EIXFS ? No
Describe all impacts to isolate watcr:esanrli , inc] e t e type of water (wetland or stream) and
the size of the proposed im t ar eet). Please note that this section only
applies to waters that haves cc ally een to fined to be isolated by the USACE.
8. Pond Creation
if construction of a pond is proposed, associates
included above in the wetland and stream impact
be described here and illustrated on any maps in u
Pond to be created in (check all that app] : t
Describe the method of construction e g. dam
draw-down valve or spillway, etc.):
Proposed use or purpose of pond ( g., Vest
o local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
wetland and stream impacts should be
ections. Also, the proposed pond should
led with this annlication.
] stream ? wetlands
excavation, installation of
wateyfng,/rigation, aesthetic, trout 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 Euujoom,:I_N? struction to reduce impacts&+ .W L h? L
M%M'(MVN m -?A TOY raNC1 k
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwet]ands/strmgide.btml.
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 Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at httn://h2o enr state nc us/wym/index.btm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No 2"'
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
review current thresholds for environmental documentation.
083 to
coordinator at (919r
Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed impacts on Riparian and Watershed Buffers (required by DWQ)
2
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No (??
If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet Multiplier Required
Mitieation
1 3 (2 for Catawba)
2 1.5
Total 7?j
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page I l of 12
i
XI. Stormivater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. 1 oNe
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in vio tion of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes No ?
Is this an after-the-fact permit application? Yes E3/'*' No [:J
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additi al
development, which could impact nearby downstream water quality? Yes ? No [2""
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
bttp://h2o.enr.state.nc.us/ncwctlands. If no, please provide a short narrative description:
XV. Otber 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).
flljl-j-
Applicant/At'gent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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70,
LEWIS. JR., CERTIFY THAT UNDER
tjSY:,DIEECTION AND SUPERVISION THIS MAP
D5A;92i FfiO;d All ACTUAL FIELD LAND
P, tf 't.U AVZT' . THAT THE ERROR OF CLOSURE AS
! ??;4;ALCULATE BY LATITUDES AND DEPARTURES
;1 THAT THIS 14AP WAS PREPARED Ill
",?•1CCORDANCE WITH CS 47-30 AS AMENDED.
WVNESS MY HAND ACID SEAL THIS «y?? r of/?rA1?5,
DAY OF-- f/N?Y-4f1fT
C.'P. LE Is, JB., $. L.. s.,., L-2441 F?:4nCl 9-L7-eLT
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 1/25105)
Print this form, fill in information and sign, and either mail to NCEEP, 1652 Mail Service Center, Raleigh,
NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Nam© of Applicant or Agent * I
Wl?l: NCi- U_) / \ 1
2. Namo of Business' ` I
3. Street Address

4. City, State, Zip VA.

v t= W L I
2-3 8'c p
5.'Telephone • ?u - '' _ I Oct
6. Fax
7. E-mail
?o9?s ZU ?I?? h??:.
0-'o
8. Project Name' / .
9. Project Location *
Z
Al 14olielov R
od
10, Lat-Long Coordinates N 7 c),!. N S./ 2 c 3' r L J
11. River Basin * PA S L) .}-
12. Cataloging Unit (8-digit) *"* L, L
O G D 1 0
13. Project County "• ?' )
J
`
14. Riparian Wetland Impact" acres
15. Non-Riparian Wetland Impact • U acres
t
16. Coastal Marsh Impact acres

17. Stream-Cold Impact" t) feet
18. Stream-Cool Impact * feet
19. Stream-Warm Impact' feet
20, " Buffer-Zone 1 Impact " square feet
21. Buffer,Zone 2 Impact " Q square feet
22. ** Buffer-Total (Zone 1 + Zone 2) ! Q square feet
Date: *I- / 7' 0 Signature of Applicant or Agent:
Attachments? C//yes No r_-7&,k TN' ? W c-,_ U ?
Required information; zero answers in 14-22 should be indicated with "0" or "N/A", not left blank.
Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
* Go to EPA 'Surf Your Watershed' http://cfgub.Cr)a.goy/Surf/locate/indoX.cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw(@ncmail.net
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
USGS Quad: Rodanthe
Action ID. 200511252 County: Dare
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Lawrence Williams
Address: 812 Smithfield Avenue
Hopewell, Virginia 23860
Telephone No.: 804-541-1095
Size and location of property (water body, road name/number, town, etc.): Property contains 0.23 acres and is
identified as Lot 73, Rowan Beach Estates on the north side of North Holidav Blvd in Rodanthe Dare County,
North Carolina. PIN # 065809076357.
Description of projects area and activity: Fill 0.10 acre of Section 404 wetlands for residential development and septic
setbacks.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant natiom4ide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 extension 25.
Date: 08/26/2005
Corps Regulatory Official
Expiration Date of Verification: 03/18/2007
Page I of 8
R
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determinatidn may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act, (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Area exhibits the three parameters specified in the 1987 USACE Wetlands Delineation
Manual and is within the North%Drain wetland mom lex which is adiacent to the Pamlico Sound. which is adiacent to the Pamlico Sound.
Corps Regulatory Official:
Date 08/26/2005
Copy Furnished:
NC Division of Water Quality
NC Ecosystem Enhancement Program
.4?) .
Page 2 of 8
August 26, 2005
Regulatory Division
Action ID No. 200511252
Lawrence Williams
812 Smithfield Avenue
Hopewell, Virginia 23860
Permit Special Conditions
Your work is authorized by Nationwide Permit 18 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. The Permittee shall mitigate for 0.10 acre of wetlands associated with this
project by payment to the North Carolina Ecosystem Enhancement Program
(NCEEP) in an amount determined by the NCEEP sufficient to perform 0.20 acre
of nonriparian wetland restoration mitigation (Cowardin classification type
E2EM1P) in the Tar-Pamlico River basin (HUC 03020105). This permit is valid
only after the Permittee has made full payment to the NCEEP and the NCEEP has
made written confirmation to the District Engineer that it has received payment
and agrees to accept responsibility for the mitigation work required, pursuant to
Paragranh IV .D. of the Memorandum of Understanding between the North
Carolina Department of Environment and Natural Resources and the U.S. Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Wescott, Washington Regulatory Field Office, telephone [phone],
extension 25.
i
County:Darc
Iction ID Number:200511252
Permittee: Lawrence Williams
Date Permit Issued: 8/26/2005
Project Manager: William Wescott
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
Post Office Box 1000
Washington, NC 27889
Please note that your permitted activity is subject to thismlc subject to permit suspension,f
Engineers representative. If you fail to comply with permit You are
modification, or revocation.
i
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 8
CESAW-RG-W
MEMORANDUM FOR RECORD
DATE: 08/26/2005
. tp.
,
k
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resourceg
and Essential Fish Habitat.
1. Action ID. 200511252
2. Project Name and Location: Lawrence Williams, Lot 73, N. Holiday Blvd., Rodanthe
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? YES
Explain: in-lieu payment to NCEEP at a 2:1 restoration ratio for 0.10-acres of non-riparian wetland
impacts.
4. Endangered Species (Section 7 of the ESA)
a. Will any threatened or endangered species or their critical habitats be affected by this project? NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Corps Regulatory Official:
Page 4 of 8
I JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
RICT OFFICE: CESAW-RG-W
E NUMBER: 200511252
AIOJECT LOCATION INFORMATION:
State: NC
County: Dare
Center coordinates of site (latitude/longitude): 35.587418 N / 75.465220 W
Approximate size of area (parcel) reviewed, including uplands: 0.23 acres.
Name of nearest waterway: Pamlico Sound
Name of watershed: Tar-Pamlico River Basin
JURISDICTIONAL DETERMINATION ?
Completed: Desktop determination Date:
Site visit(s) N Date(s): 8/9/2005
Jurisdictional Determination (JD):
? Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the United States" and/or
"navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331).
? Approved JD-An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
? There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
® There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 0.20.
? There are "isolated non-navigable, intra-state waters or wetlands" within the reviewed area.
[] Decision supported by SWAN CC/M i gratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
? The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States":
? (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands .
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate
commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
? (5) The presence of a tributary to a water identified in (1) - (4) above.
? (6) The presence of territorial seas.
® (7) The presence of wetlands adjacene to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not
itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or B(3) is used as the Basis of
Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is
navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. If B(7) is used as the Basis of Jurisdiction, document the rationale used to
make adjacency determination: Area exhibits the three parameters specified in the 1987 USACE Wetlands Delineation Manual and is within the
North Drain wetland complex which is adjacent to the Pamlico Sound.
Page 5of8
Lateral Extent of Jurisdiction: (Reference: 33 CFR pans 328 and 329)
? Ordinary High Water Mark indicated by: ? I Ii -h Tide 1,ia- irJicz: J b%:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? - fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other: °'
? other:
? Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
® Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Lawrence Williams--
applicant
Basis For Not Asserting Jurisdiction:
The reviewed area consists entirely of uplands.
? Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
? Headquarters declined to'approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds, or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and %yhich are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water
meets the definition of waters of the United States found at 33 CFR 328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
® Maps, plans, plots or plat submitted by or on behalf of the applicant.
? Data sheets prepared/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated , prepared by (company):
? This office does not concur with the delineation report, dated , prepared by (company):
® Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
® U.S. Geological Survey 7.5 Minute Topographic maps: Rodanthe
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
® USDA Natural Resources Conservation Service Soil Survey: sheet 18
? National wetlands inventory maps:
? State/Local wetland inventory maps:
? FEMA/FIRM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name & Date):
? Other photographs (Date):
? Advanced Identification Wetland maps:
® Site visit/determination conducted on: 8/9/2005
? Applicable/supporting case law:
? Other information (please specify):
Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydroph}tic vegetation, hydric soils and wetland hydrology).
'The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river
berms, beach dunes, and the like are also adjacent.
Page 6 of 8
OTIFICATION OF ADMINIS'T'RATIVE APPEAL OPTIONS AND PROCESS AND
EQUEST FOR APPEAL
i nwrence Williams
File Number 200511252 Date: 8/26/2005
See Section belc
.A
ttached is:
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
FFERED PERMIT Standard Permit or Letter of permission) C
HAPPROVED ission g
MIT DENIAL D
JURISDICTIONAL DETERMINATION E
LIMINARY JURISDICTIONAL DETERMINATION
ECTION I - The following identifies your rights and options regarding an administrative appeal of the above
ecision. Additional information may be found at littp //wvvw usace army mil/inet/functions/cw/cecwo/re€: or
,,,'111 Pry? part 'til.
;O s re ul....WlJ u? JJ • _? _ ?`••
INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer' for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section 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 o> Engineers Aummislrauvv
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.
Page 7 of 8
C
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or .
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the ,approved JD in its entirety, and waive all rights to, appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contactipg 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 of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INF ORMATION:
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
US Army Corps of Engineers Mr. Michael F. Bell, Administrative Appeal Review
attn: William Wescott Officer
Post Office Box 1000 CESAD-ET-CO-R
Washington, NC 27889 U.S. Army Corps of Engineers, South Atlantic Division
252-975-1616 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8 of 8
r_?;J
-,Ecosystem
PROGRAM
August 23, 2005
Lawrence W. Williams
812 Smithfield Avenue
Hopewell, VA 23860
Project: 24231 N. Holiday Blvd. County: 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 impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0 0.10 0 0 0 0 0 0
03020105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
bilal'iam D. Gilmore, PE?
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tracey Wheeler, USACE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
Prot" Our Stag
eMn
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
oS-l? l?
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT veoo
Action ID. 200511252 County: Dare USGS Quad: Rodanthe
OA
GENERAL PERNHT (REGIONAL AND NATIONWIDE VERIFICATION
Property Owner / Authorized Agent: Lawrence Williams
Address: 812 Smithfield Avenue
Hopewell, Virp-inia 23860
Telephone No.: 804-541-1095
Size and location of property (water body, road name/number, town, etc.): Property contains 0.23 acres and is
identified as Lot 73, Rowan Beach Estates, on the north side of North Holiday Blvd, in Rodanthe, Dare County,
North Carolina. PIN # 065809076357.
Description of projects area and activity: Fill 0.10 acre of Section 404 wetlands for residential development and septic
setbacks.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWT.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact William Wescott at 252-975-1616 extension 25.
Corps Regulatory Official 1• Wuc? Date: 08/26/2005
Expiration Date of Verification: 03/18/2007
ag c??oe?5
AUG 3 1 2005
DENR - WATER QUALITY
Page 1 of 8 ydeTW@s AND STORI MATER BRRX-1
Determination of Jurisdiction:
7 Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
.4
is preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Area exhibits the three parameters specified in the 1987 USACE Wetlands Delineation
Manual and is within the North Drain wetland complex which is adiacent to the Pamlico Sound.
nn n
Corps Regulatory Official:
Date 08/2612005
Copy Furnished:
NC Division of Water Quality
NC Ecosystem Enhancement Program
S.
Page 2 of 8
August 26, 2005
Regulatory Division
Action ID No. 200511252
Lawrence Williams
812 Smithfield Avenue
Hopewell, Virginia 23860
Permit Special Conditions
Your work is authorized by Nationwide Permit 18 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit.
b. The Permittee shall mitigate for 0.10 acre of wetlands associated with this
project by payment to the North Carolina Ecosystem Enhancement Program
(NCEEP) in an amount determined by the NCEEP sufficient to perform 0.20 acre
of nonriparian wetland restoration mitigation (Cowardin classification type
E2EM1P) in the Tar-Pamlico River basin (HUC 03020105). This permit is valid
only after the Permittee has made full payment to the NCEEP, and the NCEEP has
made written confirmation to the District Engineer, that it has received payment
and agrees to accept responsibility for the mitigation work required, pursuant to
Paragraph IV.D, of the Memorandum of Understanding between the North
Carolina Department of Environment and Natural Resources and the U.S. Army
Corps of Engineers, Wilmington District, dated November 4, 1998.
If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Wescott, Washington Regulatory Field Office, telephone [phone],
extension 25.
Action ID Number:200511252 County:Dare
Permittee: Lawrence Williams
Date Permit Issued: 8/26/2005
Project Manager: William Wescott
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WASHINGTON REGULATORY FIELD OFFICE
Post Office Box 1000
Washington, NC 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 arc subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 8
CESAW-RG-W DATE: 08/26/2005
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.
1. Action ID. 200511252
2. Project Name and Location: Lawrence Williams, Lot 73, N. Holiday Blvd., Rodanthe
3. Mitigation [Section 404(b)(1) Guidelines].
a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES
If NO, Explain:
b. Is compensatory mitigation necessary? YES
Explain: in-lieu payment to NCEEP at a 2:1 restoration ratio for 0.10-acres of non-riparian wetland
impacts.
4. Endangered Species (Section 7 of the ESA).
a. Will any threatened or endangered species or their critical habitats be affected by this project? NO
If YES, describe steps taken to address concerns:
5. Cultural Resources (Section 106 of the NHPA).
a. Will any Cultural Resources be impacted by this project? NO
b. If YES, describe steps taken to address concerns:
6. Essential Fish Habitat (50 CFR Part 600, Magnuson-Stevens Act).
a. Is this a project that "may adversely affect essential fish habitat"? NO
b. If YES, describe steps taken to address concerns:
Corps Regulatory Official:
T
Page 4 of 8
JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200511252
PROJECT LOCATION INFORALITION:
State: NC
County: Dare
Center coordinates of site (latitude/longitude): 35.587418 N / 75.465220 W
Approximate size of area (parcel) reviewed, including uplands: 0.23 acres.
Name of nearest waterway: Pamlico Sound
Name of watershed: Tar-Pamlico River Basin
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ? Date:
Site visit(s) [X] Date(s): 8/9/2005
Jurisdictional Determination (JD):
? Preliminary JD -Based on available information, ? there appear to be (or) ? there appear to be no "waters of the United States" and/or
"navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331).
?X Approved JD -An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
? There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area:
? There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 0.20.
? There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCC/Migmtory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
? The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(x) as "waters of the United States":
? (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subs ect to the ebb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands .
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands,
sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate
commerce including any such waters (check all that apply):
? (i) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
? (5) The presence of a tributary to a water identified in (1) - (4) above.
? (6) The presence of territorial seas.
® (7) The presence of wetlands adjacene to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or ivetland is not
itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. If B(1) or 13(3) is used as the Basis of
Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the ivaterbody is
navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, S or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to
make adjacency determination: Area exhibits the three parameters specified in the 1987 USACE Wetlands Delineation Manual and is within the
North Drain wetland complex which is adjacent to the Pamlico Sound.
Page 5 of 8
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Ordinary High Water Mark indicated by: ? High Tide Line indicated by:
? clear, natural line impressed on the bank ? oil or scum line along shore objects
? the presence of litter and debris ? fine shell or debris deposits (foreshore)
? changes in the character of soil ? physical markings/characteristics
? destruction of terrestrial vegetation ? tidal gages
? shelving ? other:
? other:
? Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
? Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Lawrence Williams--
applicant
Basis For Not Asserting Jurisdiction:
? The reviewed area consists entirely of uplands.
? Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
? Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3).
Q The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water
meets the definition of waters of the United States found at 33 CFR 328.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce. -
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply):
? Maps, plans, plots or plat submitted by or on behalf of the applicant.
? Data sheets prepared/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated , prepared by (company):
? This office does not concur with the delineation report, dated , prepared by (company):
? Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
U.S. Geological Survey Hydrologic Atlas:
U.S. Geological Survey 7.5 Minute Topographic maps: Rodanthe
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
U.S. Geological Survey 15 Minute Historic quadrangles:
® USDA Natural Resources Conservation Service Soil Survey: sheet 18
? National wetlands inventory maps:
? State/Local wetland inventory maps:
? FEMA/FIRM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
? Aerial Photographs (Name & Date):
? Other photographs (Date):
Advanced Identification Wetland maps:
? Site visit/determination conducted on: 8/9/2005
? Applicable/supporting case law:
? Other information (please specify):
Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
2The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river
berms, beach dunes, and the like are also adjacent.
Page 6 of 8
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
:REQUEST FOR APPEAL
Applicant: Lawrence Williams File Number: 200511252 Date: 8/26/2005
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
_ PROFFERED PERMIT Standard Permit or Letter of permission) B
_ PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision. Additional information may be found at http://www.usace.army.niil/inct/functions/cw/cecwo/reor
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section 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.
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
rust be received by the division engineer within 60 days of the date of this notice.
Page 7 of 8
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11 - 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 of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
"POINT OF CONTACT FOR QUESTIONS OR 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
attn: William Wescott Officer
Post Office Box 1000 CESAD-ET-CO-R
Washington, NC 27889 U.S. Army Corps of Engineers, South Atlantic Division
252-975-1616 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Page 8 of 8

AAA
NCDENR
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
Mr. Lawrence Williams
812 Smithfield Avenue
Hopewell, VA 23860
Dear Mr. Williams:
November 7, 2005
Re: DWQ ID Number 20051714 and U.S. Army COE ID Number
200511252, Nationwide Permit Application for activity in Dare
County
The North Carolina Division of Coastal Management has reviewed your application, dated August
15, 2005, for a U.S. Army Corps of Engineers Nationwide Permit, pursuant to Section 307 of the
Coastal Zone Management Act of 1972, as amended. Based upon our review, we have determined
that the consistency of the proposed activity with the North Carolina Coastal Management Program
will be determined during our review of the permit that is required by the North Carolina Coastal
Area Management Act and the North Carolina Dredge and Fill Law for the activity that you have
proposed.
The activity described in your application for the issuance of a U.S. Army Corps of Engineers
Nationwide Permit, Number 18, under 33 CFR Part 330 lies within Coastal Wetlands, an Area of
Environmental Concern (AEC), as determined by the North Carolina Coastal Resources
Commission (CRC). Any development activity within an AEC that also requires a permit from the
U.S. Army Corps of Engineers must first obtain a Major Permit under the Rules of the CRC.
The Coastal Management Representative for the area where you have proposed this development
activity is Mr. John Cece. Please contact this office at [phone] for information and
assistance with applying for the required permit.
Sincerely,
R[R@RUW[R5
NOV 7 5 2005
DENR - WATER QUALITY
vJETLk@S N@ STORJ JtV ATER BRANCH
TS/yc
Ted Sa son
District Manager
Northeast District
cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Stephen Rynas, Federal Consistency Coordinator, DCM, Morehead City
Wilmington District Engineers; ATTN: CESAW-CO-E, US Army Corps of Engineers
John Dorney, Water Quality Section, NC Division of Water Quality, Raleigh
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
DWQ# go 6S `-I ?u Date
11 - iS- COS
Plan D tail Incomplete
i Please provide a location map for the project.
Who Reviewed: V • 24-le,
/" 010 Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
Please show all wetland impacts including fill slopes on the site plan. S_>e' S t? ?? ?• ?-
d
w c? .A "w? Q C-' ? r
? Please indicate all buffer impacts on the site plan. J
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
Lg Please locate all isolated or non-isolated wetlands, streams and other waters of the State ?s days on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage.
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide
Mitigation
copies of the application, copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.

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