20051716 Ver 1_Complete File_20070827

OF W A rF9o Michael F. Easley, Governor
,c) G William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ # 05-1716
Dare County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Ms. Sandra O'Neal
PO Box 191
Rodanthe, NC 27968
Subject Property: Sandra O'Neal Property
NOTICE OF WITHDRAWL
Dear Ms. O'Neal:
On 9/16/05, you requested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to you on 9/23/05 since your project was lacking the necessary
application fee. As of today, DWQ has not received a response to this request; the certified letter was
returned unclaimed and repeated attempts to contact you were unsuccessful. Therefore, your file is
hereby considered withdrawn. You will need to reapply for DWQ approval. This includes submitting
a complete application package with the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statuses and Administrative Code. Please call Mr. Ian McMillan at 919-715-4631 if you have any
questions or concerns.
Sincerely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Kyle Barnes, DWQ Washington Regional Office
Washington Corps of Engineers
Central Files
File Copy
Filename: 20051716 Sandra O'Neal (Darc)_I_WD
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: htt2://li2o.enr.state.nc.us/ncwetlands
Npa` tCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200610054 County: Dare USGS Quad: Rodanthe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Sandra O'Neal
Address: Post Office Box191
Rodanthe, North Carolina
27968
Telephone No.: 252-987-2076
Size and location of property (water body, road name/number, town, etc.): .98 acres parcel, 24254 Beaulah O'Neal
Drive, Dare County, Rodanthe, North Carolina.
Description of projects area and activity: Residantial fill of 0.05 ac of wetlands.
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
pemuttee 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 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 Tom Steffens at 252-975-1616 extension 25.
i
Corps Regulatory Official Date: 10/25/2005 q? D
?a
Expiration Date of Verification: 03/18/20 .,?ij5
. ? ? r, vi
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O??vR r?051?`u
Page 1 of 8

Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
detemunation may be relied upon for a period not to exceed five years from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action,ID -
Basis of Jurisdictional Determination:
Corps Regulatory Official:
Date 10/25/2005
Copy Furnished:
CESAW-RG-W
DWQ/401/Cyndi Karoly
Wetland Delineati
Page 2 of 8
Action ID Number: 200610054 County:Dare
Permittee: Ms. Sandra O'Neal
Date Permit Issued: 25 October 2005
Project Manager: Tom Steffens
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
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 are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 8
CESAW-RG-W DATE: 10/25/2005
MEMORANDUM FOR RECORD
SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources
and Essential Fish Habitat.
1. Action ID. 200610054
2. Project Name and Location: Sandra O'Neal, 24254 Beaulah O'Neal Drive, Rodante, Dare County, North Carolina
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: Applicant desires 0.05 ae fill for residential lot
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
Corps Regulatory Official:
to address concerns:
Page 4 of 8
JURISDICTIONAL DETERMINATION (Revised 8/13/04)
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 200610054
PROJECT LOCATION INFORMATION:
State: NC
County: Dare
Center coordinates of site (latitude/longitude): N 35.5893 W 75.4636
Approximate size of area (parcel) reviewed, including uplands:.98 acres.
Name of nearest waterway: North Drain
Name of watershed: Pamlico Sound
JURISDICTIONAL DETERIIIINATION
Completed: Desktop determination [] Date:
Site visit(s) J( Date(s): 06/28/2005
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:
? Yhcre are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 0.25.
There are "isolated, non-navigable, intro-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
? The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or maybe susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 328.3(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 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 adjacent2 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 andlor 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, S or 6) is used as the Basis of
Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to
make adjacency determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a
broad continuum of wetlands connected to the North Drain, leading directly into Pamlico Sound.
Page 5 of 8
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Q 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: Raleigh Bland
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.
Q Data sheets prepared/submitted by or on behalf of the applicant.
? This office concurs with the delineation report, dated , prepared by (company):
? This office does not concur with the delineation report, dated , prepared by (company):
? Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
® U.S. Geological Survey 7.5 Minute Topographic maps: Rodanthe
? U.S. Geological Survey 7.5 Minute Historic quadrangles:
? U.S. Geological Survey 15 Minute Historic quadrangles:
® USDA Natural Resources Conservation Service Soil Survey: Dare
? National wetlands inventory maps:
[[ State/Local wetland inventory maps:
? FEMA/FIRM maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
Aerial Photographs (Name & Date):
? Other photographs (Date):
Advanced Identification Wetland maps:
® Site visit/detemlination conducted on: 06/28/2005
? Applicable/supporting case law:
Q 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).
ZThe 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
JOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
ZEQUEST FOR APPEAL
kpplicant: Sandra O'Neal File Number: 200610054 Date: 25 October 2005
kt tached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
>ECTION I - The following identifies your rights and options regarding an administrative appeal of the above
fecision. Additional information may be found at http://wwNv.tisace.amiy.roil/inet/funetions/ew/cecwoh-e or
o s regulations at 33 CFR Part 331.
k: 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.
3: 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
gust be received by the division engineer within 60 days of the date of this notice.
Page 7 of 8
): APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
)rovide 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.
PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
•egarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
'D (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
nformation for further consideration by the Corps to reevaluate the JD.
>ECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN`INITIAL PROFFEIZED PERMIT
2EASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
)bjections to an initial proffered permit in clear concise statements. You may attach additional information to
his form to clarify where your reasons or objections are addressed in the administrative record.)
kDDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
nemorandum for the record of the appeal conference or meeting, and any supplemental information that the
eview officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
nay add new information or analyses to the record. However, you may provide additional information to clarify
he location of information that is already in the administrative record.
'DINT OF CONTACT FORQUESTIONS OR INF ORMATION:
f you have questions regarding this decision If you only have questions regarding the appeal process you
tnd/or the appeal process you may contact: may also contact:
J.S. Army Corp of Engineers Mr. Michael F. Bell, Administrative Appeal Review
kttn: Tom Steffens Officer
lost Office Box 1000 CESAD-ET-CO-R
Washington, NC 27889 U.S. Army Corps of Engineers, South Atlantic Division
'.52-975-1616 x 25 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
LIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
;overnment consultants, to conduct investigations of the project site during the course of the appeal process. You
vill be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
nvestigations.
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
^.S-I-1 1 (, F1,nL?
-1410-
,Ecosystem .
1 -1r ?-°J_?? ?
PROGRAM
September 14, 2005
Sandra O'Neal
24254 Beulah O'Neal Drive
Rodanthe, NC 27968
Project: Home of Sandra O'Neal
County: Dare
U@@@Uv@y
SEP 2 1 2005
DENR - WATER
1' SOS AR,D STORKIqul y,
ERt ERMXH
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/CAMA 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 I Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Pasquotank 0.55 0 0 0 0 0 0 0
03010205
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,
rilliam. Gilmore, PE 4t/
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Tracey Wheeler, USACOE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
Reston ' ..: Egh"Xituj... Protect' aw Stag ? ?
ICDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
WAIF Michael F. Easley, Governor
9 William G. Ross Jr., Secretary
\OC? QG North Carolina Department of Environment and Natural Resources
C? Alan W. Klimek, P.E., Director
? Division of Water Quality
Coleen 11. Sullins, Deputy Director
Division of Water Quality
CERTIFIED HAIL
Ms. Sandra O'Neal
PO Box 191
Rodanthe, NC 27968
Subject: Sandra O'Neal
Application Fee Payment
Ms. O'Neal:
D C ? LZZ
D
9 5) ?_005
•','.;,7ER GU„LITY
l1'ETL?hDS,-1;D STOTER ERr1;CN
September 23, 2005
DWQ # 2005-1716
Dare County
On September 16, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application
requesting a 401 Water Quality Certification in Dare County, North Carolina. Please note that beginning January
1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The
fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of
streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In
order for DWQ to begin review and process your request, you must send a check in the appropriate amount made
payable to the N.C. Division of Water Quality. Please reference the above DWQ # in all future correspondence.
If you have any questions regarding this letter please do not hesitate to call me at [phone].
Sincerely,
Cynd>t Karoly
CBKAjd
cc: File copy
Central Files
20051716 Sandra O'Neal (Dare) Bold for Money
A??
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&COEM
N. C. Division of Water Quality, 401 wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httn:', h2o.cnr.state.nc.us:'ncwctlan(lti)
Customer Service #: 1-877-623-6748
NC DENR - DIVISION OF WATER QUALITY
WETLANDS AND STORMWATER BRANCH
1650 MAIL SERVICE CENTER
RALEIGH, NC 27699-1650 L_J r,
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p?p? W AT ?9QG
September 23, 2005
DWQ # 2005-1716
Dare County
CERTIFIED MAIL
Ms. Sandra O'Neal
PO Box 191
Rodanthe, NC 27968
Subject: Sandra O'Neal
Application Fee Payment
Ms. O'Neal:
On September 16, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application
requesting a 401 Water Quality Certification in Dare County, North Carolina. Please note that beginning January
1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. The
fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of
streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In
order for DWQ to begin review and process your request, you must send a check in the appropriate amount made
payable to the N.C. Division of Water Quality. Please reference the above DWQ # in all future correspondence.
If you have any questions regarding this letter please do not hesitate to call me at [phone].
Sincerely,
Cy di Karoly
CBKAjd
cc: File copy
Central Files
20051716 Sandra O'Neal (Dare) Hold for Money
:i--'*`*
Ob 9,A
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (httn:/"h2acnr.s1ate.ne.tWnew•etlands)
Customer Service #: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or '•N/A•'.)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
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/Applicant Information
IL/ 12?,
Name: Ms. Sandra O'Neal S r p i ;i 70(15
Mailing Address: PO Box 191
Rodanthe, NC 27968
Telephone Number: 252-987-2076 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sunshine Qualls (Daughter)
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 13
III. Project Information
5.
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: Home of Ms. Sandra O.Neal
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
24254 Beaulah O'Neal Drive
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON
6. Property size (acres): .98
7. Name of nearest receiving body of water: Palmico Sound
8. River Basin: Tar Palmico River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at 11ttp://h2o.enr.state.nc.us/admin/mss/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Primary Residence
attach a sheet that
OW
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Place sand fill in 1970's man-made swamp on property to provide enough solid ground to
potentially move existing home further away from ocean for protection from storms and
erosion The property and home are located just north of the Rodanthe pier which is cited as
having the highest erosion rate on the Island The fill will also help prevent flooding of the
residential yard and parking area and alleviate health hazards posed by trash blowing in from
6-8 rental unit cans placed on property by county sanitary services.
11. Explain the purpose of the proposed work: Extend solid yard for potential move of existing
home further away from ocean for protection from storms hurricanes and erosion. The
property and home are located just North of the Rodanthe pier which is cited as having the
highest erosion rate on the Island The project would also help prevent residence and parking
flooding from drainage swamp during hurricanes and storms. Lack of ebb and flow prevents
proper drainage making the swamp stagnant and not conducive to harboring animals (except
mosquitos) Much debris including old tires car parts rental cottage trash and construction
debris from adjacent properties were removed by applicant (Sandra O'Neal) prior to fill vet
continuous dumping and lack of fresh water drainage lends the swamp both a hazard and
nuisance Swamp area was created in early 70's by removing fill from area to provide road
for homes Swamp was not naturally occurring and receives no drainage during heavy
rainfalls therefore causing surrounding property and roadway to flood .
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated 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.
After fact permit application for fill in wetlands area
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 States/Waters of the State N/A
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
Page 7 of 13
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.
Provide a written description of the proposed impacts: Extend solid yard for potential
move of existin., home further away from ocean for protection from storms hurricanes and
erosion The property and home are located just North of the Rodanthe pier which is cited as
having the highest erosion rate on the Island The project would also help prevent residence
and parking flooding from drainage swamp during hurricanes and storms. Lack of ebb and
flow prevents proper drainage making the swamp stagnant and not conducive to harboring
animals (except mosquitoes) Much debris including old tires car parts rental cottage trash.
and construction debris from adjacent properties were removed by applicant (Sandra O'Neal)
prior to fill yet continuous dumping, and lack of fresh water drainage lends the swamp both a
hazard and nuisance Swamp area was created in early 70's by removing fill from area to
provide road for homes Swamp was not naturally occurring and receives no ebb and flow
nor does it drain during heavy rainfalls therefore causing surrounding property and roadway
to flood
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,
separately list impacts due to both structure and flooding.
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.)
Located witlun
100-year
Floodplain
(yes/no)
Distance to
Nearest
Stream
(linear feet)
Area of
Impact
(acres)
I Fill Fresh Water Mardi Yes N/A 0.055

Total Wetland Impact (acres) 0.055
3. List the total acreage (estimated) of all existing wetlands on the property: 0.25
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
Page 8 of 13
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
?* t,- inrlnltsrt Tn ratc» lnte- acreane. multinly leneth X width. then divide by 43,560.

Stream Impact
Number
(indicate on ma)

Stream Name

Type of Impact
Perennial or
Intermittent? AN-crage

Stream Width
Before Impact Impact

Length
(linear feet) Area of

Impact
(acres)
N/A

Total Stream Impact (by length and acreage)
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
fill excavation dredging flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project.
Stream Impact (acres):
Wetland Impact (acres): 0.055
Open Water Impact (acres):
Total Im act to Waters of the U. S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters N/A
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Page 9 of 13
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Minimum area required to relocate existing home further away from ocean for protection
from storms hurricanes and erosion The property and home are located just North of the
Rodanthe pier which is cited as having the highest erosion rate on the Island. The project would
also help prevent residence and parking flooding from drainage swamp during hurricanes and
storms.
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.
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
Page 10 of 13
Draft Technical Guide for Stream Work in North Carolina, available at
]itt1)://li2o enr state nc us/iicwetIancis/strm,_;ide.litml.
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.
Propose to make payment to NCEEP
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 litti)://li2o eiir.st ite.fic.lis/Nvrp/iiidex.litm. 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): 0.11 acres
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
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
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
Pagc 11 of 13
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
(Neuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* ( uImact are feet) Multiplier zMiti ati n
1 3 (2 for Catairba)
2 1.5
Total
• Zone 1 extends out 30 fwt pcipendicular from the top of the near basil: of channel; Zone 2 extends an
additional 20 feet from the edge of "Lone 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.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No additional nronosed construction. Existinp- home roof area of 1500sf constitutes under 3%
impervious material on site. No added runoff, no change in structures.
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.
Existing Septic System Only - No Change
Page 12 of 13
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http:/i112o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
No added impervious surface proposed
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
1?? 91 g1D
Applicant/Agen`t's Signatute Date
(Agent's signature is valid only if a authorization letter from the applicant is provided.)
Page 13 of 13
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A••.)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
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:
17.
II. Applicant Information i?
??? i?? -J ((!; f?
1. Owner/Applicant Information SEP r 6 2005
Name: Ms. Sandra O'Neal
Mailing Address: PO Box 191
Rodanthe, NC 27968
Telephone Number: 252-987-2076 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sunshine Qualls (Daughter)
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 13
III. Project Information
5
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: Home of Ms. Sandra O'Neal
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
24254 Beaulah O'Neal Drive
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON
6. Property size (acres):
7. Name of nearest receiving body of water: Palmico Sound
8. River Basin: Tar Palmico River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://ii2o.enr.state.ne.tis/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Primary Residence
attach a sheet that
OW
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Place sand fill in 1970's man-made swamp on property to provide enough solid ground to
potentially move existing home further away from ocean for protection from storms and
erosion The property and home are located just north of the Rodanthe pier which is cited as
having the highest erosion rate on the Island. The fill will also help prevent flooding of the
residential yard and parking area and alleviate health hazards posed by trash blowing in from
6-8 rental unit cans placed on property by county sanitary services.
11. Explain the purpose of the proposed work: Extend solid yard for potential move of existing
home further away from ocean for protection from storms, hurricanes and erosion. The
property and home are located just North of the Rodanthe pier which is cited as having the
highest erosion rate on the Island. The project would also help prevent residence and parking
flooding from drainage swamp during hurricanes and storms. Lack of ebb and flow prevents
proper drainage making the swamp stagnant and not conducive to harboring animals (except
mosquitos) Much debris including old tires car parts rental cottage trash, and construction
debris from adjacent properties were removed by applicant (Sandra O'Neal) prior to fill yet
continuous dumping and lack of fresh water drainage lends the swamp both a hazard and
nuisance. Swamp area was created in early 70's by removing fill from area to provide road
for homes. Swamp was not naturally_ occurring and receives no drainage during heavy
rainfalls therefore causing surrounding property and roadway to flood .
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated 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.
After fact permit application for fill in wetlands area
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.
None
VI. Proposed Impacts to Waters of the United States/Waters of the State N/A
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
Page 7 of 13
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: Extend solid yard for potential
move of existing home further away from ocean for protection from storms, hurricanes and
erosion The property and home are located just North of the Rodanthe pier which is cited as
having the highest erosion rate on the Island. The project would also help prevent residence
and parking flooding from drainage swamp during hurricanes and storms. Lack of ebb and
flow prevents proper drainage making the swamp stagnant and not conducive to harboring
animals (except mosquitoes). Much debris including old tires, car parts, rental cottage trash,
and construction debris from adjacent properties were removed by applicant (Sandra O'Neal)
prior to fill yet continuous dumping and lack of fresh water drainage lends the swamp both a
hazard and nuisance. Swamp area was created in early 70's by removing fill from area to
provide road for homes. Swamp was not naturally occurring and receives no ebb and flow
nor does it drain during heavy rainfalls therefore causing surrounding _property and roadway
to flood
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,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill Fresh Water Marsh Yes N/A 0.055

Total Wetland Impact (acres) 0.055
3. List the total acreage (estimated) of all existing wetlands on the property: 0.25
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
Page 8 of 13
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A

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
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name Waterbody
applicable) e)
(if ap
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
6. List t
he cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres):
Wetland Impact (acres): 0.055
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters N/A
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Page 9 of 13
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Minimum area required to relocate existing, home further away from ocean for protection
from storms hurricanes and erosion. The property and home are located just North of the
Rodanthe pier which is cited as havin the he highest erosion rate on the Island. The project would
also helIprevent residence and parking flooding from drainage swamp during hurricanes and
storms.
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.
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
watering, irrigation, aesthetic, trout pond,
Page 10 of 13
Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.nc.us/ncwetlands/strm,ilide.litml.
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.
Propose to make payment to NCEEP
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 http://h2o.enr.state.nc.us/wrp/index.litm. 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): 0.11 acres
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX.
X.
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. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
Page 11 of 13
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I Impact I Multiplier Required
(square feet) Mitigation
3 (2 for Catawba)
1.5
Total
* 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
Donation
Riparian
within 15
mitigation is required, please discuss what
of Property, Riparian Buffer Restoration
Buffer Restoration Fund). Please attach all
A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No additional nronosed construction. Existinu home roof area of 1500sf constitutes under 3%
impervious material on site. No added runoff, no change in structures.
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.
Existing Septic System Only - No Change
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Page 12 of 13
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncxvetlands. If no, please provide a short narrative description:
No added impervious surface proposed
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
(Agent's signature is valid only if an
ion letter from the applicant is provided.)
Page 13 of 13
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A'•.)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
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:
II. Applicant Information
, OP
1. Owner/Applicant Information SEP 1
Name: Ms. Sandra O'Neal
Mailing Address: PO Box 191
Rodanthe, NC 27968
Telephone Number: 252-987-2076 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sunshine Qualls (Daughter)
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 13
III. Project Information
5.
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: Home of Ms. Sandra O,Neal
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
24254 Beaulah O'Neal Drive
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON
6. Property size (acres): .98
7. Name of nearest receiving body of water: Palmico Sound
8. River Basin: Tar Palmico River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hll2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Primary Residence
attach a sheet that
oW
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Place sand fill in 1970's man-made swamp on property to provide enough solid ground to
potentially move existing home further away from ocean for protection from storms and
erosion. The property and home are located just north of the Rodanthe pier which is cited as
having the highest erosion rate on the Island. The fill will also help prevent flooding of the
residential yard and parking area, and alleviate health hazards posed by trash blowing in from
6-8 rental unit cans placed on property by county sanitary services.
11. Explain the purpose of the proposed work: Extend solid yard for potential move of existing
home further away from ocean for protection from storms, hurricanes and erosion. The
property and home are located just North of the Rodanthe pier which is cited as having the
highest erosion rate on the Island. The project would also help prevent residence and parking
flooding from drainage swamp during hurricanes and storms. Lack of ebb and flow prevents
proper drainage making the swamp stagnant and not conducive to harboring animals (except
mosquitos). Much debris including old tires, car parts, rental cottage trash, and construction
debris from adjacent properties were removed by applicant (Sandra O'Neal) prior to fill yet
continuous dumping and lack of fresh water drainage lends the swamp both a hazard and
nuisance. Swamp area was created in early 70's by removing fill from area to provide road
for homes. Swamp was not naturally occurring and receives no drainage during heavy
rainfalls therefore causing surrounding property and roadway to flood .
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated 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.
After fact permit application for fill in wetlands area
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.
None
VI. Proposed Impacts to Waters of the United Statcs/Watcrs of the State N/A
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
Page 7 of 13
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: Extend solid yard for potential
move of existing home further away from ocean for protection from storms, hurricanes and
erosion The property and home are located just North of the Rodanthe pier which is cited as
having the highest erosion rate on the Island. The project would also help prevent residence
and parking flooding from drainage swamp during hurricanes and storms. Lack of ebb and
flow prevents proper drainage making the swamp stagnant and not conducive to harboring
animals (except mosquitoes). Much debris including old tires car parts, rental cottage trash,
and construction debris from adjacent properties were removed by applicant (Sandra O'Neal)
prior to fill yet continuous dumping; and lack of fresh water drainage lends the swamp both a
hazard and nuisance Swamp area was created in early 70's by removing fill from area to
provide road for homes. Swamp was not naturally occurring and receives no ebb and flow
nor does it drain during heavy rainfalls therefore causing surrounding property and roadway
to flood
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,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill Fresh Water Marsh Yes N/A 0.055

Total Wetland Impact (acres) 0.055
3. List the total acreage (estimated) of all existing wetlands on the property: 0.25
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
Page 3 of 13
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
meet lir inrlndt-d Tn rnlrnlnte nrreane_ multinly lencth X width. then divide by 43.560.
Stream Impact
Number
(indicate on ma)
Stream Name v
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A

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
fill PYrnwntinn drerlninn flnndinn_ drainane_ hi lkhendq_ etc_
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
applicable)
(if
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project;
Stream Impact (acres):
Wetland Impact (acres): 0.055
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters N/A
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Page 9 of 13
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Minimum area required to relocate existing home further away from ocean for protection
from storms hurricanes and erosion. The property and home are located just North of the
Rodanthe pier which is cited as having the highest erosion rate on the Island. The project would
also help prevent residence and parking flooding from drainage swamp during hurricanes and
storms.
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.
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
Page 10 of 13
Draft Technical Guide for Stream Work in North Carolina, available at
http•//ii2o etir state.nc.tts/ncNvetlands/strmgide.litml.
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.
Propose to make payment to NCEEP
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 littp://li2o.enr.state.nc.tis/wrp/index.litm. 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): 0.11 acres
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
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) N/A
Page I I of 13
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 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I Zone* I Impact I Multiplier I Required
(square feed Mitieation
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular
additional 20 feet from the edge of Zone 1.
the top of the near bank of channel; Zone 2 extends an
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 213 .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No additional proposed construction. Existing home roof area of 1500sf constitutes under 3%
impervious material on site. No added runoff, no change in structures.
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.
Existing Septic System Only - No Change
Page 12 of 13
0
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
httl):81i2o.enr.state.tic.us/ncwed.wds. If no, please provide a short narrative description:
No added impervious surface proposed
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signat re Date
Agent's signature is valid only if a authorization letter from the applicant is provided.)
Page 13 of 13

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 5 1 7 1 6
(If any particular item is not applicable to this project, please enter "toot Appttcante° or °tviA .)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
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
rr"U-77"
1. Owner/Applicant Information J t F 1 `? 200,5
Name: Ms. Sandra O'Neal
Mailing Address: PO Box 191
Rodanthe, NC 27968
Telephone Number:
E-mail Address:
252-987-2076 Fax Number:
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: Sunshine Qualls (Daughter)
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 13
III. Project Information
5.
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: Home of Ms. Sandra O'Neal
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number): - N/A
Directions to site (include road numbers/names, landmarks, etc.):
24254 Beaulah O'Neal Drive
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON
6. Property size (acres): .98
7. Name of nearest receiving body of water: Palmico Sound
8. River Basin: Tar Palmico River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Primary Residence
attach a sheet that
ow
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Place sand fill in 1970's man-made swamp on property to provide enough solid ground to
potentially move existing home further away from ocean for protection from storms and
erosion The property and home are located just north of the Rodanthe pier which is cited as
having the highest erosion rate on the Island. The fill will also help prevent flooding of the
residential yard and parking area, and alleviate health hazards posed by trash blowing in from
6-8 rental unit cans placed on property by county sanitary services.
11. Explain the purpose of the proposed work: Extend solid yard for potential move of existing
home further away from ocean for protection from storms, hurricanes and erosion. The
property and home are located just North of the Rodanthe pier which is cited as having the
highest erosion rate on the Island. The project would also help prevent residence and parking
flooding from drainage swamp during hurricanes and storms. Lack of ebb and flow prevents
proper drainage making the swamp stagnant and not conducive to harboring animals (except
mosquitos). Much debris including old tires car parts, rental cottage trash, and construction
debris from adjacent properties were removed by applicant (Sandra O'Neal) prior to fill vet
continuous dumping and lack of fresh water drainage lends the swamp both a hazard and
nuisance. Swamp area was created in early 70's by removing fill from area to provide road
for homes. Swamp was not naturally occurring and receives no drainage during hew
rainfalls therefore causing surrounding property and roadway to flood .
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated 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.
After fact permit application for fill in wetlands area
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.
None
VI. Proposed Impacts to Waters of the United States/Waters of the State N/A
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
Page 7 of 13
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: Extend solid yard for potential
move of existing home further away from ocean for protection from storms, hurricanes and
erosion The property and home are located just North of the Rodanthe pier which is cited as
having the highest erosion rate on the Island. The project would also help prevent residence
and parking flooding from drainage swamp during hurricanes and storms. Lack of ebb and
flow prevents proper drainage making the swamp stagnant and not conducive to harboring
animals (except mosquitoes) Much debris including old tires car parts, rental cottage trash,
and construction debris from adjacent properties were removed by applicant (Sandra O'Neal)
prior to fill yet continuous dumping and lack of fresh water drainage lends the swamp both a
hazard and nuisance Swamp area was created in early 70's by removing fill from area to
provide road for homes Swamp was not naturally occurring and receives no ebb and flow
nor does it drain during heave rainfalls therefore causing surrounding _property and roadway
to flood
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,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
1 Fill Fresh Water Marsh Yes N/A 0.055

Total Wetland Impact (acres) 0.055
3. List the total acreage (estimated) of all existing wetlands on the property: 0.25
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
Page 8 of 13
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included To calculate acrea a multi 1 length X width, then divide b 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
N/A

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
fill- excavation- dredaina. floodine. drainage, bulkheads, etc.
Open Water Impact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres
N/A

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres): 0.055
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters N/A
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Page 9 of 13
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Minimum area required to relocate existing home further away from ocean for protection
from storms hurricanes and erosion The property and home are located Just North of the
Rodanthe pier which is cited as having the highest erosion rate on the Island. The project would
also help prevent residence and parking flooding from drainage swamp during hurricanes and
storms.
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.
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
Page 10 of 13
Draft Technical Guide for Stream Work in North Carolina, available at
httl2://l12o.enr.state.nc.us/ncwetlands/strm,gide.hti-n1.
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.
Propose to make payment to NCEEP
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 http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.11 acres
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
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) N/A
Page 11 of 13
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 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone" I , Impact
f__ N I Multiplier I Required AA,
2
Total
• Zone 1 extends out 30 feet perpendict
additional 20 feet from the edge of Zone 1.
3 (2 for Catawba)
1.5
from the top of the near
2 extends an
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
within 15A NCAC 2B .0242 or .0244, or
.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
No additional nronosed construction. Existine home roof area of 1500sf constitutes under 3%
impervious material on site. No added runoff, no change in structures. '
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.
Existing Septic System Only - No Change
attach all appropriate information as identified
Page 12 of 13

XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http•//h2o.enr.state.nc.us/ncNvetlands. If no, please provide a short narrative description:
No added impervious surface proposed
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
09,0J&aA
Applicant/Agent's Signa
s signature is valid only if
e Date
authorization letter from the applicant is provided.)
Page 13 of 13
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 2 0 0 5 1 7 1 6
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A- .)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 18
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:
II. Applicant Information
1. Owner/Applicant Information SEP 1 2005
Name: Ms. Sandra O'Neal
Mailing Address: PO Box 191
Rodanthe, NC 27968
Telephone Number: 252-987-2076 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Sunshine Qualls (Daughter)
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 13
111. Project Information
5.
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: Home of Ms. Sandra O,Neal
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.):
24254 Beaulah O'Neal Drive
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): ON
6. Property size (acres): .98
7. Name of nearest receiving body of water: Palmico Sound
8. River Basin: Tar Palmico River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adinin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Primary Residence
attach a sheet that
OW
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Place sand fill in 1970's man-made swamp on property to provide enough solid ground to
potentially move existing home further away from ocean for protection from storms and
erosion The property and home are located just north of the Rodanthe pier which is cited as
having the highest erosion rate on the Island. The fill will also help prevent flooding of the
residential yard and parking area, and alleviate health hazards posed by trash blowing in from
6-8 rental unit cans placed on property by county sanitary services.
11. Explain the purpose of the proposed work: Extend solid yard for potential move of existing
home further away from ocean for protection from storms, hurricanes and erosion. The
property and home are located just North of the Rodanthe pier which is cited as having the
highest erosion rate on the Island. The project would also help prevent residence and parking
flooding from drainage swamp during hurricanes and storms. Lack of ebb and flow prevents
proper drainage making the swamp stagnant and not conducive to harboring animals (except
mosquitos). Much debris including old tires, car parts, rental cottage trash, and construction
debris from adjacent properties were removed by applicant (Sandra O'Neal) prior to fill vet
continuous dumping and lack of fresh water drainage lends the swamp both a hazard and
nuisance. Swamp area was created in early 70's by removing fill from area to provide road
for homes. Swamp was not naturally occurring and receives no drainage during heavy
rainfalls therefore causing surrounding property and roadway to flood .
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated 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.
After fact permit application for fill in wetlands area
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.
None
VI. Proposed Impacts to Waters of the United States/Waters of the State N/A
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
Page 7 of 13
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: Extend solid yard for potential
move of existing home further away from ocean for protection from storms, hurricanes and
erosion The property and home are located just North of the Rodanthe pier which is cited as
having the highest erosion rate on the Island. The project would also help prevent residence
and parking_ flooding from drainage swamp during hurricanes and storms. Lack of ebb and
flow prevents proper drainage making the swamp stagnant and not conducive to harboring
animals (except mosquitoes) Much debris including old tires car parts rental cottage trash,
and construction debris from adjacent properties were removed by applicant (Sandra O'Neal)
prior to fill vet continuous dumping and lack of fresh water drainage lends the swamp both a
hazard and nuisance Swamp area was created in early 70's by removing fill from area to
provide road for homes. Swamp was not naturally occurring and receives no ebb and flow
nor does it drain during heave rainfalls therefore causing surrounding property and roadway
to flood
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,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)
1 Fill Fresh Water Marsh Yes N/A 0.055

Total Wetland Impact (acres) 0.055
3. List the total acreage (estimated) of all existing wetlands on the property: 0.25
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
Page 8 of 13
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XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://112o enr state i1c.us/ncwetlands. If no, please provide a short narrative description:
No added impervious surface proposed
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signat*e Date
s signature is valid only if authorization letter from the applicant is provided.)
Page 13 of 13
I
IN REPLY REFER TO
Regulatory Division
Action ID: 200511254
Ms. Sandra O. O'Neal
Post Office Box 191
Rodanthe, North Carolina 27968
Dear Ms. O'Neal:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
June 28, 2005
JUN 3 0 2005
E1ETL;,Etj R - il'/,rrR cUAi,ITY
sata src,-tt,;f4r;?rEr? e?v?cf?
This correspondence confirms the June 20, 2005, onsite inspection conducted by Messrs.
Raleigh Bland and William Wescott of my staff, and Mr. Mike Wylie and Ms. Kacy Campbell of
the U.S. Environmental Protection Agency, on your property located off Beulah O'Neal Drive,
adjacent to the North Drain and the Pamlico Sound, in Rodanthe, Dare County, North Carolina.
The purpose of this inspection was to investigate the continuation of unauthorized filling
activities you have undertaken within jurisdictional wetlands on your property.
My staff's inspection revealed that you are responsible for the placement of earthen fill
material within an undetermined area of high quality wetlands subject to our regulatory
jurisdiction within the North Drain adjacent to the Pamlico Sound. This activity, undertaken in
waters of the United States without the prior approval from this office in the form of a
Department of the Army (DA) permit, constitutes a violation of Section 301 of the Clean Water
Act (33 USC 1311).
By copy of this letter, you should cease and desist from any further unauthorized work within
waters of the United States, including wetlands. My staff will be contacting you in the near
future to address restoration of the affected wetland areas on your property, including the
removal of all unauthorized fill material.
Failure to comply with this request may result in referral of this matter to the United States
Attorney and/or the Wetlands Enforcement Section of the United States Environmental
Protection Agency with a recommendation for appropriate action. Additionally, we are
considering civil or administrative penalties against you for this work.
P
-2-
Thank you for your time and cooperation. If you have any questions, please contact Mr.
Bland at the Washington Regulatory Field Office, Post Office Box 1000, Washington, North
Carolina 27889-1000, telephone [phone], extension 23.
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Field Office
Copies Furnished:
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
United States Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Garland Pardue
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries, NOAA
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
I
-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
UNITED STATES POSTAL SERVICE First-Class Mail
Postage'& Fees Paid
USPS'
Permit No. G-10
• Sender: Please, print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
¦ Complete items 1, 2, and & Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Ms. Sandra O. Neal
P.O. Box 191
Rodanthe,NC 27968
DWQ# 2005-1716-Dare
A. Signature
X
B. Received by (Printed Name)
? Agent
C. Date of Deliver
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail ? press Mail
? Registered Return Receipt for Merchandise
ON,
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fqe) ? Yes
2. Article Number 7005 1160 0003 3470 5024
(Transfer from service'laW