19890140 Ver 1_Complete File_19890101

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Date Time
RILE YOU VJIERE .?l
of ?_
Phone
AREA CODE NUMBER - EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N. C. Dept. of Natural Resources and Community Development
ACTION
Note and file ?• ? Note, initial and, forward
? Note and return To me -? Your `comments, please,
?Note and aeema 66out.Ais '.? For your information.
? For 'your approval `? Prepare reply for my a'gnature
,? Per our corivenahoh , ,...? Prepare, nformation for me Jo reply
? Per, your request ` ? Please,aruwar, with copy ato me
:Return with nore.detaila.- > To beifiled
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14
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
William W. Cobey, Jr., Secretary February 10, 1989 Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John P. Haywood
21 Driftwood Drive
Elizabeth City, NC 27909
Subject: Application for Water Quality
Certification
After-the-fact Fill
John Haywood
Pasquotank County
Dear Mr. Haywood:
This Division received your application for Water
Quality Certification under Section 401 of the Federal Clean
Water Act on October 23, 1988. The application requests
approval after-the-fact for the placement of fill material
in wetlands adjacent to the waters of an unopened canal near
Little Flat Creek. This area which was filled is on a
residential lot in the Glen Cove Subdivision near Elizabeth
City. The purpose of the fill is to create an area
approvable for a septic tank system to serve a residential
dwelling proposed for this lot.- Issuance of a Water Quality
Certification by this Division must be based. on a reasonable
assurance that the proposed activity is not expected to
result in violations of Water Quality Standards applicable
to the surface waters which may be affected.
Septic tank installations in fill areas such as the one
proposed for this lot creates concerns for potential
violations of water quality standards in adjacent surface
waters. Septic tank effluent would likely move vertically
downward through such fill material until original soils are
reached then begin a lateral movement into surface waters in
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
r r`
Mr. John P. Haywood
Page Two
February 10, 1989
the area. Surface waters which are affected by septic tank
effluent have low dissolved oxygen, high fecal. coliform
bacteria values, and excessive nutrient levels in addition
to creating potential public health and nuisance conditions.
Because of these potential violations of Water Quality
Standards, I have determined that your application for Water
Quality Certification should be denied.
If this denial is unacceptable to you, you have the
right to an adjudicatory hearing upon written request in
thirty (30) days following receipt of this denial. This
request must be in the form of a written petition,
conforming to Chapter 150B of the N.C. General Statutes, and
filed with the Office of Administrative Hearings, P.O.
Drawer 11666, Raleigh, NC 27604. Unless such demands are
made, this denial shall be final and binding. -
If you have any questions concerning this matter,
please contact Mr. Bill Mills at 919/733-7015.
/Sin erely, j
R. Paul Wilms
RPW/dbp
cc: Steve Tedder
D ??zs Ramsey'`°
Washington Regional Office
George Everett
4 '
MID1
--, DF/ CAMA/401 REV DATE 0100/89
,
ACTION 5.s:,.: t.,.:...
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FORMAT
;••:R,:;"'._,G4"?I•i NEXT i'';...... ..........
RECOR D
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...i. DATA
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?.. ,. ; .... 0 0 4 :.. ; : . H ` (.tit { l D • O ? COUNTY: : • REGION:

TYPE C ERTIFICATION RECOMMEND DATE.'--'.*.'* i •i•{:r,,'a;.....

DENY:
i..i
„
RECEIVTNG STREAM : LITTLE FLATTY CREEK CLAS S: SC BASIN: PA.'':.'.'
COMMENTS:
SITE LOCATED IN GLEN COVE SUBDI VISION. 21 DR IFTWOOD D R. IN ELIZABETH CITY
....:.:.. . A PPLICATION OF P LACEMENT OF F ILL MATER IAL IN WETLAND;--*.,
APPLICANT PLACED 5000 SOFT OF F jLL MATERIAL IN AN 80' LONG BY 63' WIDE PTFRi:
OF WETLANDS A DjACENT TO AN U NOPENED CANA!-
P: 1 OF . 113" WAS PLACED TO FACILITAT E A SEPTI C SYST0-1.
CONCRETE FOOTING S HAVE BEEN POU RED BETWEEN .. .. a .. FIE LD AND CANAL IN ORDER ..

DON'T RECOMMEND ISSUANCE OF AFT ER-THE-FACT P ERMITS FO R FILL MATERIAL FOR PLACE
Mi..t...T OF :•. SEP TIC SYSTEM
COPIES: WAIRC)-(VE14 TFIAL.-PIIL.Lil-I)CI..".
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WATER ? AtITY SEC
opFR? r Oars tz, r10
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NC.1!
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pue?
State of North Carolina
Department of Natural Resources and Community. Development
Division of Coastal Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
January 17, 1989
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers R C."?_ I V E D
Wilmington District °?
P.O. Box 1890
Wilmington, NC 28402 F F R 0 7 i89
Dear Colonel Woodbury: WAtff, QUALITY SECTION
OPERA-TIONS BRANCH
The State of North Carolina has reviewed Corps Public
Notice number SAWC089-N-070-0024 dated October 20, 1988 which
describes a proposal by Mr. John P. Haywood to obtain an
after-the-fact permit to authorize -he placement of fill
material in wetlands adjacent to Little Flatty Creek, in the
Glen Cove Subdivision, Pasquotank County, North Carolina.
Based upon our review we have determined the following:
1. The applicant has filled approximately 5,000 square feet
of wetland area for the purpose of creating high ground to
construct a residential structure and septic tank system.
2. The proposal does not involve any CAMA Areas of
Environmental Concern and is not inconsistent with the
Pasquotank County Land Use Plan.
3. The proposal will not significantly impact fisheries
resources.
4. Due to a change in operating procedures, the Division of
Environmental Management will require a 401 Water Quality
Certification.- This certification is currently being reviewed
and a decision to issue or deny has not been made by DEM as of
this date.
5. The North Carolina Wildlife Resources Commission has
determined that the proposal is inconsistent with their
policies and guidelines for conservation of wetlands because
of the lack of its water dependency and public interest. They
request that the permit be denied and that the fill materials
be removed from the wetlands to restore pre-project
elevations.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
We do not disagree with the applicant's certification
that the activity is consistent with the North Carolina
Coastal Management Program provided a Water Quality
Certification is obtained from the NC Division of
Environmental ivianagement prior to the onset of any furi.her
construction. However, we support the position of the
Wildlife Resources Commission and request that the permit be
denied and that the pre-project elevations be restored.
Should the permit be approved, the North Carolina
Division of Land Resources requests that appropriate erosion
and sedimentation control devices or measures be employed and
that a permanent ground cover sufficient to restrain erosion
be provided on all exposed areas within the shorter of 30
working or 120 calendar days after project completion.
If you have any questions concerning our finding,
conditions, or requests listed above, please contact Mr. Steve
Benton, Division of Coastal Management, at [phone].
Sincerely,
vid W. Aen
cc: NC Division of Coastal Management, Elizabeth City Office
NC Division of Marine Fisheries
NC Division of Environmental Management
NC Division of Land Resources
NC Wildlife Resources Commission
• :.::..:...::.

F"t+..: : IO{•:I .... ADD, ENTER DATA. 1°;i::.t.: : f:t%.}{Ji::.{_} I1.. 00523 FR D DATA
0052 4 !''i''
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J1 COUNTY: PA S REGION 0'
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ASSIGNED TO: DAS J OINT NOTICE: P-1

404 PN: Y 401 RED: Y ISSUE: RECEIV ED: 88103-1,
CAMA ONLY: GC: DENY: INITIA L REPORT: 881i29

RECEIVING STREAM: LITTLE FLATTY CREEK CLASS: SC B ASIN: PA S
COMMENTS:
SITE LOCATED IN •, GLEN COVE SUBDIVISION, 2 1 DRIFTWOOD DR. .!.'•' ELIZ ABETH CITY
AFTER-THE-FACT APPLICATION PLACEMENT .i. MATERIA L WET LANDS

APPLICANT PLACED :..::: •t:•t;..{ OF .1......... MATER !.
IAL i. i'., AN 80'
. .. L

ONG BY ..

... WIDE PI

ECE
OF WETLANDS ADJACENT TZ AN UNOPENED C ANA!-
,.! ..: ........: TO Oil'. t;,F' 18H
8WA:::. PLACED TO FACIL
ITATE : , SEPTIC
SYSTEM
CONCRETE FOOTINGS HAVE BEEN POURED BETWE EN SEPTIC FIELD AND CAN AL IN ORDE R TO
ERECT A HOUSE
, ;.: , •: s ?' .... . . ...: ..: .'i { i ;... s'.. t :.:. PENDING SITE INVESTIGAT ION
COPIES:
RECEIVED
D E CU 0 5 158
V- q- 1 • "!

0
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC089-N-070-0024 October 20, 1988
PUBLIC NOTICE
MR. JOHN P. HAYWOOD, 21 Driftwood Drive, Elizabeth City, North Carolina
27909, has applied for a Department of the Army after-the-fact permit TO
AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT LITTLE FLATTY
CREEK, IN THE GLEN COVE SUBDIVISION, PASQUOTANK County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the applicant has placed approximately 5,000 square feet
of fill material in an 80-foot-long by 63-foot-wide piece of wetlands adjacent
to an unopened.canal. The entire subdivision was created by placing spoil
material dug from canals in wetlands. The lot in question shows evidence
of the disposal of spoil material, but it has subsided to the point that it is
a wetland. The Pasquotank County Health Department required the applicant to
place fill material to a height of approximately 18 inches on the lot in order
for a septic system to operate properly. In addition, concrete footings have
been poured between the septic field and the canal in order to erect a house.
The soils adjacent to the property have been highly altered, but beneath
the existing fill, they are uniformly gray mineral soils, having a septic
odor, and saturated to within 3 inches of the original surface of the ground.
Vegetation present includes willow (Salix ni ra), wax myrtle (M rica
cerifera), sweetgum (Liquidambar styraciflua), poison ivy (Rhus radicans),
marsh elder (Iva frutescens), goldenrod (Solidago sp), and various grasses.
The area is currently mowed, and most vegetation has been removed, save for
clumps of the above vegetation. The purpose of the work is to develop the lot
and install a septic system. Plans showing the work are included with this
public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
y'
-2-
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may.request, in writing-within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register.. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
-3-
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the,probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
November 14, 1988.
All persons desiring to make comments regarding the application-for Clean
Water Act certification should do so in writing delivered to the North
Carolina-Division of Environmental Management, Post Office Box 27687, Raleigh,
North.Caroliria. 27611-7687, on or before November 7, 1988, Attention:
Mr. William Mills.

-4-
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
November 22, 1988, or telephone [phone].
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC089-N-070-0024
October 20, 1988
PUBLIC NOTICE
MR. JOHN P. HAYWOOD, 21 Driftwood Drive, Elizabeth City, North Carolina
27909, has applied for a Department of the Army after-the-fact permit TO
AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT LITTLE FLATTY
CREEK, IN THE GLEN COVE SUBDIVISION, PASQUOTANK County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the applicant has placed approximately 5,000 square feet
of fill material in an 80-foot-long by 63-foot-wide piece of wetlands adjacent
to an unopened canal. The entire subdivision was created by placing spoil
material dug from canals in wetlands. The lot in question shows evidence
of the disposal of spoil material, but it has subsided to the point that it is
a wetland. The Pasquotank County Health Department required the applicant to
place fill material to a height of approximately 18 inches on the lot'in order
for a septic system to operate properly. In addition, concrete footings have
been poured between the septic field and the canal in order to erect a house.
The soils adjacent to the property have been highly altered, but beneath
the existing fill, they are uniformly gray mineral soils, having a septic
odor, and saturated to within 3 inches of the original surface of the ground.
Vegetation present includes willow (Salix nigra), wax myrtle (M rica
cerifera), sweetgum (Liquidambar styraciflua), poison ivy (Rhus radicans),
marsh elder (Iva frutescens), goldenrod (Solidago sp), and various grasses.
The area is currently mowed, and most vegetation has been removed, save for
clumps of the above vegetation. The purpose of the work is to develop the lot
and install a septic system. Plans showing the work are included with this
public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
- 4
-2-
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
I
-3-
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
November 14, 1988.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina-Division of Environmental Management, Post Office Box 27687, Raleigh,
North.. Carolina. 27611-7687, on or before November 7, 1988, Attention:
Mr. William Mills.
? 44?
-4-
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
November 22, 1988, or telephone [phone].
3

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