19990042 Ver 1_COMPLETE FILE_19990105

4
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Washington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
The above subject project has been reviewed by this office. There is no fill proposed by the applicant
in waters or wetlands therefore there is no Section 401 required. Review of this project for a
determination of whether water quality standards will be violated has been made and a determination
made that where should be no violation of the State water quality standards _if the -project is
constructed as proposed. This :office has no objections to the issuance ofthe CAMAMajor.Permit_
NCDENR
Norm, C&wxjr" Den%wrra wr or
ENVimmmENr 4mo Nammti RmsoLmcm

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MEMORANDUM S f
C==
Division of Water ality
` .C
E2

Date: ? t

To: John-Parker
DCAIdtaleig
From: Deborah Sawyer t
Subject: CAMA Major P plication Review Comments
Project Name: L?,.? c?Ql LLB
County
If you have any questions or comments; please call .this office -at [phone]. Thank you.
cc: Zohn-Domey
WaRO File
CentraLBle
943`Kashington.._SquareMall' Washington; North:i.Carolina..127889 Telephone .[phone] FAX 252-
975-3716
An Equal Opportunity Affirmative Action Employer
_41, A

To: John Dorney
Planning Branch
DIVISION OF ENV ROME lTAL MANAGEMENT
CAMA/COE PER161IT APPLICATION REVIEW
WaRO.PROJECT. WQ SUPERVISOR: TH E ?1
REVIEWER ',.SAWYER ' DATE:
WETLAND INFORMATION FOR CENTRAT.?'OFFICE TRACKING
PEEtI?iIT .::YR: P .NO.: COUNTY: T
PROJECT NAME: l
PROJECT TYPE:
COE #: DOT #:
RCD _FROM...CDA:. DATE _FROM _.CDA: /
REGDOFFICE: _ ..WaRO AND _SUB: j1ASI#:
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RECOHMENDATION SUE :ISSUE/COND DENY.. HOLD -
STORMWATER -=PLAN _ REQ' D : ? IF YES, . DATE _ APPROVED :??-
PROJECT -.:DES PTIONC?7°'? • .

WATER QUALITY CERT. (401)
CERT...REQ'D:
IF YES , .TYPE :
SEWAGE.?DTSPOSAL A
TYPE _.OF DISPOSAL=--PROPOSED: IV FT-
(EXISTING, PROPOSED, .SEPTIC TANK ETC.)
TO :BE __PERMITTED_:BY:
(DEM,"_.DHS', "COUNTY)
IF _ BY__DEM, _..:IS :SITE._=AVAILABLE-AND -.-PERMIT_ ISSUANCE PROBABLE:
WATER/WETI AM -FILL
AREA _OF.=: __:.. .WATER:" -?? WETLAND: -?
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IS =-SPDII='77 i SPn9AL,-,-A 7E, USED?
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RE THE ?GTTNC ' AT?'ATTA'i'F'TYEADDRESSED?
=; SEWAGE 'r ISffiSAI .... MARINA` ` CES z :.
OXYGEN1,N2,31ASINt CLOSURE OF "WATERS.
I CC: :.WaRO; :'_Central.:Files; ...DCTI:-,Field-Offices; . COE Washingtm Office
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
TO: John Parker, DCM
FROM: John Dorney, DWQ'
RE: Water Quality Comments
Orchard Cove, LLC
Pasquotank County
DWQ Project # 990042
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 22, 1999
DWQ has no objections to the project plans to construct a community pier with
platforms
Please call me at 733-1786 if you have any questions.
cc: Washington DWQ Regional Office
John Dorney
Central Files
990042.dcm
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919=733-1786 FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper

DIVISION OF COASTAL MANAGE,"'-
FIELD INVESTIGATION REPORT
JAN 51999
1. APPLICANT'S NAME: Orchard Cove, LLC.
2. LOCATION OF PROJECT SITE: Orchard Cove Subdivision, N6wbe *eeksville,
Pasquotank County
Photo Index - 1995: 168-1719; H 13 1989: Not available
State Plane Coordinates, X: 2840000 Y: 908000
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - October 5, 1998, November 25, 1998
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - November 25, 1998
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pasquotank County Land-Use Plan
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust
(C) Water Dependent: yes
(D) Intended Use: private use for neighbor residence
(E) Wastewater Treatment: Existing - None
Planned - Subdivision will be served with individual ground
absorption systems.
(F) Type of Structures: Existing - 5 raised walkways through/over freshwater wetlands which
terminate at the NWL
- Planned - 1 - 140 ft. X 6 ft. pier with a-24 ft. X 16 ft. '`T" and 4 finger piers
and associated pilings to provide 8 mooring slips. In addition, 2 platforms (16
ft. by 16 ft.) will be added to 2 existing raised walkways.
(G) Estimated Annual Rate of Erosion: N/A
Sour%;e -
7. HABITAT DESCRIPTION:
[AREA]
EXCAVATED FILLED SHADED
(A) Vegetated Wetlands
(B) Public Trust Area 1,616 sf. (0.037 A.)
=(C)Other
(D) Total Area Disturbed: 1616 sf. (0.037 acre)
(E) Primary Nursery Area: No
(F) Water Classification: Sc
8. PROJECT SUMMARY: This project involves the construction of one community pier structure which
will have a 16 ft. by 24 ft. platform with finger piers and pilings sufficient to provide 8 mooring
slips. Two additional 16 ft. by 16 ft. platforms will be also added onto 2 existing raised walkways.
These platforms and pier structures will extend into the Public Trust Waters of Newbegun Creek.

Orchard Cove, Pasquotank County
Bio Report
Page 2
Site Description
Orchard Cove is a new 80 acre subdivision located off NC 34, southeast of Elizabeth City,
adjacent to Newbegun Creek in Pasquotank County. The subdivision includes 28 acres of open
space, and over 7 acres of waterfront area. Most of the waterfront areas are.-forested with
predominately wooded wetlands. Currently, five raised structures provide walkway access to
portions of Newbegun Creek through these wetlands. These walkways are six feet in width,
stop at the shoreline and are consistent with the US Army Corps of Engineers rules for-pile
supported raised structures through "404" wooded wetlands. These walkways exist in the
subdivision for community use. The wetlands are vegetated in a canopy of predominately
Taxodium distichum and Ayssa aquatica.
Newbegun Creek is a tributary to the Pasquotank River. The entire shoreline of Newbegun
Creek is natural within the subdivision and is not stabilized with any hardened structures. A
small un-named tributary or gut is also within the subdivision and flows into Newbegun
Creek. Two of the above referenced walkways cross wetlands located on this gut. Newbegun
Creek is approximately 300 feet wide in the vicinity of the proposed work. The waters of
this portion of Newbegun Creek, where development is proposed, are classified as Inland
Waters by the North Carolina Marine Fisheries Commission. These waters also are designated
by the Coastal Resources Commission as a Public Trust Area and as such, are a designated
Area of Environmental Concern.
Project Proposal
This application involves the authorization for the construction of one community walkway and
pier into Newbegun Creek. This structure will include a raised walkway from the. adjacent high
ground to the NWL and a 80 ft. long by 6 ft. wide pier with a 24 ft. by 16 ft. "T"`head and
four finger piers with ten mooring pilings. The finger pier dimensions will be 10 ft. long and 6
ft. wide. The final structure will provide mooring for a total of eight vessels. Water depths
within the mooring area are 4 ft. below the NWL. In addition, two of the aforementioned
walkways will each have 16 ft. by 16 ft. platforms constructed at each end beginning just over
the waters of Newbegun Creek. Water depth in these locations is less than one foot below the
NWL
Anticipated Impacts
The proposed pier and platforms will result in impacts from shading to approximately 1,616
sf. of shallow water habitat within the Public Trust Area of Newbegun Creek. The project
will provide an boating and pedestrian access to the public trust waters of Newbegun Creek.
Turbidity levels will be increased during piling installation but should be short in duration.
The proposed pier will extend beyond one-fourth the width of the water body.
Submitted by: Dennis W. Hawthorn
Date: December 16, 1998

Form DC1M-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name Orchard Cove LLC
Address 400 South Water Street
City Elizabeth City State NC
Zip 27909 Day Phone
Fax
b. Authorized Agent:
b. City, town, community or landmark
Salem Township
c. Street address or secondary road number
Orchard Drive off of Hwv 34
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Newbeeim Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name Environmental Professionals. Inc.
a.
Address PO lox 3368
City Kill Devil Hills State NC
Zip 27948 Day Phone [phone]
Fax [phone]
c. Project name (if any) Orchard Cove
NOTE: Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Paspuotank
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Construction of three community piers. two with
16x16 T-Heads and one with 8 slips and a 16x24
-T-Head
b. Is the proposed activity maintenance of an existing
project, new work, or both? new work
c. Will the project be for public, private or commercial
use? public
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed project.
If more space is needed please attach additional pages.
The viers will he used for access to the navis!able
waters of Newbeeun Creek by residents of
Orchard Cove. The piers will be constructed by
pumping of the pilings into place and construction
of the superstructure with hand tools. The docks
will be used by interior property owners to moor
_their small ski boats. No overnight moorine will be
allowed.
Form DCiN1 GIMP-1

APPLICATION
(To be completed by all applicants)
Coastal (marsh) Other X
4. LAND AND WATER If yes, has a delineation been conducted? ves
CHARACTERISTICS (Attach documentation. ifavailable)
a. Size of entire tract 80.6 acres
b. Size of individual lot(s) +30,000-45,000 so. ft
in. Describe existing wastewater treatment facilities.
ground absorption systems
c. Approximate elevation of tract above MHW or NWL _
f5 feet
d. Soil type(s) and texture(s) of tract
Altavista to Dorovan
e. Vegetation on tract Acer rubrum. Panicum spp..
Festuca spp.
£ Man-made features now on tract Orchard plants
2 boardwalks
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local land use plan)
X Conservation Transitional
Developed _ Community
X Rural Other
h. How is the tract zoned by local government?
unzoned
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning compliance certificate, ifapplicable)
j. Has a professional archaeological assessment been
done for the tract? X Yes _ No
If yes, by whom? NC Department of Cultural
Resources
k. Is the project located in a National Registered Historic
District or does it involve a National Register listed or
eligible property?
Yes X No
1. Are there wetlands on the site? X Yes No
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industiial/commercial effluent, "wash
down" and residential discharges.)
none
o. Describe existing drinking water supply source.
Pasquotank County Svsfem
5. ADDITIONAL INFORMATION
In addition to the completed application form, the following
items must be submitted:
19 A copy of the deed (with state application only) or other
instrunent under which the applicant claims title to the
affected properties. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to cant' out
the project.
• An accurate, dated work plat (including plan view and
cross-sectional drawings) drawn to scale in black ink on
an 8 1/2" by 11" white paper. (Refer to Coastal
Resources Commission Rule 710203 for a detailed
description.)
41
Form DCM-MP-1
Please note that original drawings are preferred and only
high quality copies will be accepted Blue-line prints or
other larger plats are acceptable only if an adequate
number of quality copies are provided by applicant.
(Contact the U.S. Army Corps of Engineers regarding
that agency's use'of larger drawings.) A site or location
map is a part of plat requirements and it must be
sufficiently detailed to guide agency personnel
unfamiliar with the area to the site. Include highway or
secondary road (SR) numbers, landmarks, and the like.
•A Stormwater Certification, if one is necessary.
•A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of. the application and plats by
certified mail Such landowners must be advised that
they have 30 days in which to submit comments on the
proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided
Name, William Bateman
Address ` 1779 Nixonton Road
Phone Elizabeth City. NC 27909
Name Reubin Earl Jones
Address 110 Small Drive
Phone Elizabeth Citv. NC 27909
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Section 404 Action Id. 19981000911/4/97
WO Cert# 970834 10/27/97
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (DEHNR)
to cover the costs of processing the application.
• A signed AEC hazard notice for projects in oceanfront
and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to 10)
If the project involves the expenditure of public funds or
use of public lands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act.
6. CERTIFICATION AND PERMISSION TO
ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant and do in fact, grant
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the .102 day of, 19 `r"
Print Name ve,
Signature //_1 /
o erorAuthor4z Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
X DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
F
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit,
Form DCM-MP-1: Be sure to complete all other sections of
the Joint Application that relate to this proposed project.
a. Tyne and number of buildings, facilities, units or structures
proposed 46 single family residences
b. Number of lots or parcels 46
c. Density (give the number of residential units and the units
per acre) 1/1.75 acres
d. Size of area to be graded, filled or disturbed including
roads, ditches, etc. 40 acres
e. If the proposed project will disturb more than one acre of
land, the Division of Land Resources must receive an
erosion and sedimentation control plan at least 30 days
before land disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been submitted to
the Division of Land Resources? X Yes No
If Yes, date submitted 9/11/97 approved
f. List the materials (such as marl, paver stone, asphalt, or
or concrete) to be used for paved .surfaces.
Asphalt
g. Give the percentage of the tract within 75 feet of M1-1W or
NWL, or within 575 feet in the case of an Outstanding
Resource Water, to be covered by impervious and/or built-
upon surfaces, such as pavement, buildings, rooftops, or to
Be used for vehicular driveways or parking. -0-
h. Projects that require a CAMA Major Development Permit
may also require a Stormwater Certification. Has a site
development plan been submitted to the Division of
Environmental Management for review?
X Yes No
If yes, date submitted. 10/31/97 approved
i. Describe proposed method of sewage disposal.
Ground absorption
j. Have the facilities described in Item i. above received
state or local approval? Yes
(AVacb appropriate documentation)
k. Describe to cation and type of proposed discharges to
waters of the state (for example, surface runoff, sanitary
wastewater, industrial/commerc al effluent, "wash down"
and residential discharges).
None
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Pasquotank County System
in. Will water be impounded? Yes X No
If yes, how many acres? N/A
n. If the project is an oceanfront development, when was the
lot(s) platted and recorded? N/A
Orc,?,u,yc± co,/6
Applic t or Project Nam
Z&d
Sign re
Date

Form DCNi-MP-4
STRUCTUR.ES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, e. Mooring buoys. N/A
Form DCM-MP-l. Be sure to complete all other sections of the (1) Commercial Community Private
Joint Application which relate to this proposed project. (2) Number
(3) Description of buoy (Color, inscription, size, anchor, etc.
a. Dock(s) and/or Pier(s)
(i) Number 4
(ii) Length 10,
(iii) Width 6'
(6) Platform(s) X Yes _ No
(i) Number 3
(ii) Length 16 16 24
(iii) Width 161616
(7) Number of slips proposed 8
(8) Proximity of structure to adjacent. riparian property
lines Approx. 600 feet
(9) Width of water body 290 feet
(10) Water depth at waterward end of pier at MLW or
NWL 6 feet
(1) Commercial X Community Private
(2) Number i
(3) Length i o' (4)
(4) Width 6' (5)
(5) Finger Piers X Yes No
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
C. Groin (e.g. wood, sheetpile, etc.) N/A
(1) 'Nlumber
(2) Length
d.
Breakwater (e.g. wood, sheetpile, etc.) N/A
(1) Length
(2) Average distance from MHW, NWL, or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
Width of water body
Distance buoy(s) to be placed beyond shoreline
f. Mooring structure (boatlift, mooring pilings, etc.) N/A
(1) Commercial Community Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description)

Applicant of Project Name
% .l
Sig re
Date
Revised 03/95

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NOT FOR CONSTRUCTION
SCALE 1' = 200'
DATE 9/22/98
ORCHARD COVE JO
B NUMBER:
97-058D
DRAWN BY: JJ
WEEKSVILLE PASOUOTANK COUNTY NORTH CAROLINA REVIEWED. GW
ENVIRONMENTAL
PROFESSIONALS INC.
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3368
KILL DEVIL HILLS, N.C. 27948
PHONE [phone]
FAX [phone]
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ORCHARD CODE SCAM 70 SCIAlz
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ORCHARD DAVE: 7/18/97
WALKWAY DETAIL JIM NUIM 97-058
DRAMN BY: JJ
FLZABETH CITY PASQUOTANK COUNTY NORTH CAR011NA R£YEUM, 9W
ENVIRONMENTAL
PROFESSIONALS INC
PLANNING FOR A BETTER
ENVIRONMENT
P.O. BOX 3358
K91 WAL HILLS, N.C. 27948
PHONE [phone]
FAX [phone]