20091006 Ver 1_401 Application_20090809

r, 0
Wood Duck Land Surveying
Bath, NC
42 South Teach's Point
Bath, NC 27808
2009.006
AUG 3 1 2009
8/24/2009
Mr. Al Hodge, Regional Supervisor
Surface Water Protection Section
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Dear Mr. Hodge:
In response to your notice of violation ( NOV-2009-WQ-0045), for Lot # 55 at Dowry Creek for
Mr. Rick Fike, please accept our sincere apologies for the obvious misunderstanding. We were
under the impression from Chris Pullinger (DWQ) that if we stayed behind the CAMA flagging,
then the only permit needed for our project was from the US Army Corps which we did obtain
before beginning this activity. The permit (SAW-2008-01534) was a nationwide # 18 for 0.042
acres of fill for construction of a single family home. We even granted a conservation easement
to the US Army Corps for 2.25 acres of the existing wetlands on this Lot # 55. We submitted the
new Pre-construction form (PCN) which is a joint document version of November 2008, with our
permit application to US Army Corps. To find out that we are in violation of DWQ buffer rules
is a surprise, after being directed to go through the US Army Corps by the DWQ and CAMA
people.
Therefore we believe we took the appropriate actions in our efforts to fully comply with all
wetland regulations, but we will remove the new fill placed in Zone 1 of the DWQ Pamlico-Tar
buffer (726.28 sq.ft.) and allow the vegetative recovery of that area. We will plant trees on that
portion of Zone 1. You have a copy of our PCN on file.
Attached with this letter is: 1) timeline from Mr. Fike for the activities and contacts for permits
needed; 2) map showing the area to be reclaimed; 3) copy of the original PCN.
We hope this will bring your claim to a close and allow Mr. Fike to be permitted for the use of his
property.
If I can be of any assistance please contact me at 252-943-8185.
Thank you.
Bryant Ij . Hardison, Jr. PLS
SEP
S 2009
DENR - WATER QUAU TV
"E"es AND STORMWATER BRANCH
JUL-23-2009 08:09 FROM:R L F TRANS CONS 8568109891 TO:12529238541 P.1/1
AUG 3 1 200
Chronology of low 55 purchase LW dowry creek In eelhaven,nc
March 2008 sale contingent on additional fill for family house w/ yard for fellowship
Steve Carawan of United Country Realty was requested to meet w/ LAMA. UWQ and US ARMY CORPS
for positive /negative feedback in february of 2008
First step,he met with Steve Trowels of CAMA @ the lot to review survey, mark and flag set back lines
...received positive response to fill areas beyond setback lines but must review w/ OWQ and US ARMY
CORPS
Second step, he met with Chris Pullinger and he believes supervisor Amy Adams @ the lot to review
survey and CAMA marker flags-received positive response to fill beyond setback lines but must review
with US ARMY CORPS for permit approval
Third step, he met with David Shaeffer of US ARMY CORPS @ the lot to review survey and CAMA marker
flags.. received positive response to fill areas beyond setback lines but must apply for Nationwide permit
18 application and recommend hiring a local environmental consultant
Based on this information, purchased the lot on march 14,2008.- and hired Bryant Hardison for
representation to aquire proper permit approvals
Permit application procedures with US ARMY CORPS OF ENGINEERS began in may Of 2008_aPProval
12/31/2008 SAW-2009-01534
LOT 055 dowry creek in Belhaven NC
Clean up work began in november of 2008 due to tropical storm "hannah"
Was contacted by dowry creek assoc that lot owners were responsible to dean up /clear / and remove
any debris, hazardous trees, dead, dylnB, diseased or unstable trees and must be removed or will be
held liable for any property damage the trees in question cause
Most effected were water front lots with high tidal waters and no bulkheading ....
U S ARMY CORP OF ENGINEERS permit approval 12/31/2008 SAW-2008-MS34
Land fill and tree clearing in approved area only (.042 acres) of jurisdictional wetlands for the
constuction of a single family home
Site work february 21, 2W8--
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AUG 3 1 2009
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Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps: ® Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? El Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular El Non-404 Jurisdictional General Permit
F-1 401 Water Quality Certification - Express ? Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
El Yes ® No For the record only for Corps Permit:

® Yes E] No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes El No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ® Yes El No
2. Project Information
2a. Name of project: Dowry Creek Lot # 55
2b. County: Beaufort
2c. Nearest municipality / town: Belhaven U
2d. Subdivision name: Dowry Creek Phase One, Section Three
2e. NCDOT only, T.I.P. or state

project no:
2 3 2009
SE P
3. Owner Information DEW-WA
wTLMS AND STORMWAM BRANCH
3a. Name on Recorded Deed: Rick L. Fike
3b. Deed Book and Page No. 1633 / 753
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 10 Waterlily Court
3e. City, state, zip: Medford, NJ 08055
3f. Telephone no.: 215-680-3337
3g. Fax no.:
L3h. Email address:
OR- o otp
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.0 November 2008
Page 1 of 11
PCN Form - Version 1.0 November 2008 Version
Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Bryant Hardison
5b. Business name
(if applicable): Wood Duck Land Surveying
5c. Street address: 42 South Teach's Point
5d. City, state, zip: Bath, NC 27808
5e. Telephone no.: 252-943-8185
5f. Fax no.: 252-923-8541
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 7625-88-6412
1 b. Site coordinates (in decimal degrees): 35.534347'N - 76.550772'W
1c. Property size: 2.944 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to

proposed project: Pungo River
2b. Water Quality Classification of nearest receiving water: SB; NSW
2c. River basin: Tar-Pam
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Subdivision house site, bulk of lot is wetlands as defined by CAMA. Driveway and small area are existing, but not
enough for house location needs.
3b. List the total estimated acreage of all existing wetlands on the property:
2.631
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1774.01' of Shoreline
3d. Explain the purpose of the proposed project:
To allow minimal wetland impacts of homesite developemnt, and build house.
3e. Describe the overall project in detail, including the type of equipment to be used:
Small area to be filled for home location. Knee-wall at CAMA define to allow fill and grade to existing level of site pad
.
Trucks and back-hoe to be used on upland area.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property / ® Yes ? No ? Unknown
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ®Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): David Schaffer - Army Corps. Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ? No ® Unknown
5b. If yes, explain in detail according to "help file" instructions.
we do not have knowledge of prior ownership actions, if any
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 3 of 11
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number -
Permanent (P) or
Temporary 2b.

Type of
impact 2c.

Type of wetland
(if known) 2d.

Forested 2e.
Type of jurisdiction
(Corps - 404, 10
DWQ - non-404, other) 2f.

Area of impact (acres)
W1 ®P ? T Fill ® Yes ? No ® Corps
? DWQ 0.042
W2 ? P ? T

E ? Yes ? No ? Corps
? DWQ
W3 ? P ? T
? Yes ? No
? Corps
? DWQ
W4 ? P ? T ? Yes ? No ? Corps
? DWQ
W5 ? P ? T ? Yes ? No ? Corps
? DWQ
W6 ? P ? T ? Yes ? No ? Corps
? DWQ
2g. Total wetland impacts 0.042
2h. Comments: outside of CAMA AEC marked area
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a 3
.
Stream impact
number -
Permanent (P) or
Temporary m b.
Type of
impact 3c.
Stream name 3d.
Perennial (PER) or
intermittent (INT)? 3e.
Average stream width (feet) 3f.
Impact
length
(linear feet)
S1 ?
P?T ?PER ?INT
S2 ? P
? T ? PER ? INT
S3 ? P
? T ? PER ? INT
S4 ? P
? T ? PER ? INT
S5 ?
P?T ?PER ?INT
S6 ?P
?T ?PER ?INT

3g. Total stream and tributary impacts
3h. Comments: NA
Page 4 of 11
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all o en water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: NA
Page 5 of 11
PCN Form - November 2008 Version
C. Proposed Impacts Inventory, continued
5. Pond or Lake Construction
If and or lake construction pro osed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland

b (acres)
num
er purpose of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
6f. Total
5g. Comments: NA
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ® Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
131 ® P ? T -+kmse- Pungo River ® Yes ? No A*@ ©
O
B2 ?P?T ?Yes ?No
B3 ?P?T ?Yes ?No
6h. Total buffer impacts O
6i. Comments: Approved by Army Corps
Page 6 of 11
PCN Form - November 2008 Version
D. Impact Just cation and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
fill area as small as possible to fit house on site, and knee-wall used to minimize slope impact.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
reduced size of single family house.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ® Yes ? No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps

2c. If yes, which mitigation option will be used for this
project. ? Mitigation bank
? Payment to in-lieu fee program

® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: NA
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: warm, cool, cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h.. Comments: NA
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Conservation easement on 2.25 acres of lot
Page 7 of 11
PCN Form - Version 1.0 November 2008 Version
D. Impact Justification and Mitigation, continued
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ® Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 house 1808 3 (2 for Catawba) 5424
Zone 2 1.5
Total buffer mitigation required: 5424
6c. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
conservation easement on 2.25 acres of lot
6d. Comments: suggested by Army Corps
Page 8 of 11
PCN Form - November 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? ? Yes ® No
1 b. If yes, then is a diffuse flow plan included? ? Yes ? No
2. Determination if the Project Requires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No
2b. Is the project subject to General Certification 3704 or 3705? ? Yes ® No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater
management programs (check all that apply)?

If so, attach one copy of the approval letter from the DWQ and one copy of the
approved stormwater management plan. ® Coastal counties
? HQW
? ORW
? Session Law 2006-246
? Other.
3b. In which local government's jurisdiction is this project? Beaufort
3c. Is this local government certified to implement a state stormwater program?
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved). ? Yes ® No
4. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan? .08%
4b. Does this project contain any areas that meet the criteria for "high density" per
General Certifications 3704 and 3705?
? Yes ® No
4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
Subdivision has an existing stormwater permit. All other lot impacts will be surface runoff by sheet flow

4d. Has a completed BMP Supplement Form with all required items been submitted
for each stormwater BMP?
? Yes ® No
Page 9of11
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
I a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? ? Yes No
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ® No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? ? Yes ® No
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
subdivision has a septic watse treatment system. lot will not have on site storage or treatment
Page 10 of 11
PCN Form - Version 1.0 November 2008 Version

F. Supplementary Information, continued
6. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
habitat? ? Yes
®No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ? Yes ® No

5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh

? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?

? Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: Flood gates or elevated to meet FEMA standards
8c. What source(s) did you use to make the floodplain determination? FIRM map # 3720762400J

Rick L. Fike
*
Applicant/Agent's Printed Name onlyif s Signature
(Agent's sign ;re' orization letter from the ap plicant
is rovided.
Date
Page 11 of 11
PCN Form - November 2008 Version