19990210 Ver 1_COMPLETE FILE_20000801

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
MEMORANDUM
May 5, 1999
To: John Dorney
Through: Jim Mulligan
v
From: Deborah Sawyer &AS
Subject: Section 401 Water Quality Certification Review
Thomas Elks
Currituck County
A lo"V
IJLA?
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES

m °

P4-i A(
The Washington Regional Office recommends denial of the above subject project. The applicant
requests a 401 Water Quality Certification to fill 0.1 acre of waters and wetlands for the purpose
of construction of a driveway to access three (3) lots. The proposed driveway is in Section 404
wetlands and connects to Section 404 wetlands. There are no uplands which this driveway
accesses. The only uplands on two (2) of the lots are at the entrance to the lots on Lane Avenue ;
the third lot has a small amount of uplands at the shores edge of the North River where an
uninhabitable dwelling now exists. This lot, however, already has a roadway access.
The applicant states in the application that the purpose of the driveway to be constructed in the
wetlands is to access building pads for future development of the two (2) wetland lots. The
application does not, however, give specifics of the building pads and the amount of fill requested
for the driveway does not include the amount of fill for the building pads. Because the lots are
mostly Section 404 wetlands, septic tank permits cannot be acquired for the lots. Sewage is
proposed to be pumped to another lot approximately 150 feet away from the front of the lot
(Lane Avenue). Depending on the location of the proposed building pads, pumping of the
wastewater will be further than the 150 feet stated in the application.
Due to the amount of Section 404 wetlands on the lots, development as proposed, may not be
possible to protect waters and wetlands of the State. The applicant may wish to consider
combining the two wetland lots as one (1) lot and consider building the dwelling on the uplands
adjacent to Lane Avenue. This would not require fill for a driveway through the wetlands. The
dwelling could be accessed from the road front on Lane Avenue. If this upland area is not
943 Washinqton Square Mall, Washington, North Carolina 2'1889 Telephone [phone] L'AX 252-
A Equal Opportunity Affirin a L i v e Actic,n Employer
Page 2
sufficient for one (1) dwelling, this office would consider recommending approval of 0.1 acre of
wetland fill adjacent to this upland area. The applicant could propose a wooden walkway and pier
to access the water front.
If you have any questions or comments please call this office at [phone]. Thank you.
cc: Ed Harrell, DCM / Elizabeth City
Tom Walker, USACOE / Washington
Brad Shaver
WaRO Files
Central Files
s
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT #
REVIEWER: SAWYER
WQ SUPERVISOR: THCpRPFj
DATE: ID 4_/T!
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING ?J
PERMIT YR: PERMIT NO.: COUNTY. Cr?(,r1'*4'.k
PROJECT NAME: ati-?.as'/.(?S
PROJECT TYPE: G??anaG F.'/f PERMIT TYPE: 4?OOE •
COE #: DOT #: f
RCD FROM CDA: ® DATE FROM CDA: 15F I `L
REG OFFICE: WaRO RIVER AND SUB BASIN #: S
STREAM OR ADJACENT WATER BODY:d0-1y R;'w-
CLASS S STREAM INDEX #: 2
OPEN 0 CLOSED•
WL IMPACT: [a./ lilC? ? WL TYPE:
WL REQUESTED: WL ACR EST•
HYDRO CNECT?.5 WL SCORE:
MITIGATION:/1ta MITIGATION TYPE:
MITIGATION SIZE: RATING SHEET ATTA
RECOMMENDATION: ISSUE ISSUE/COND HOLD
STORMWATER PLAN REQ'D: IF
P JECT DESCR TI N:
l,"> L%?c9? GZ
I W? ? Q
WATER QUALITY CERT. (40,1)
CERT. REQ'D: k
IF YES TYPE:
YES, DATE APPROVED :
4?? L:?Ca?,25d

SEWAGE DISPOSAL
TYPE OF DISPOS PROPO
(EXISTING, PROPOSED, SEPT C TANK ETC.)

TO BE PERMITTED BY
(DEM, DH CO
IF BY DEM, IS SITE A E AND PERMIT ISSUANCE PROBABLE:
WATER/WETLAND FILL Z
AREA OF FILL: WATER: ? WETLAND: IS FILL ELIMINATING A SIdfflCe USE?
DREDGING
AREA TO BE DREDGED:
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC: WaRO; Central Files; DCM Field Offices; COE Washington Office
_ ,.. - .
slate of North Carolina ate:
pepartment of Environment
and Natural Resources ??????
CJivision of Wateroia ffic®
Washington Ragi °°"`"`
?HgpwMFxt NID New R_?,=?"
Jame B. Huai. Jr., Governor
Wayne McDevitt, Soctotary
,err T. stovons, Director
MEMORANDUM
May 5, 1999
To: John DUMPY
C?
T}rrougli. Tun Mulligan
U
PTorn: Deborah Sawyer
Section 401 Water Quality Certification Review
Subject:
T110aw Elks
Currituck County
cant
tl
yVnshin on Regional office Teconunends denial o£le above subject Aands t. for The the appli purpose
Thy Gertificatiosz to fill 0.1 acre of waters and uretland
requests a 401 Water Quality osed dxiveway is in Section 404
o£,ongtruction of a driveway' to access three (3) lots. The Prof
wetlands and connects to Section 404 wetlands-
accesses. The only uplands on two (2) of the lots T11
accesses. she lancet the lots onnI,ane Avenue of th the third lot has a small amount of uplands at the shores already ge has a North yva r here an
uninhabitable dwelling now exists- This lot, bow
The applicant states in the application that the purpose of the driveway to be ?d in the
ads for future development of the two (2) lots, The wetlands is to access building pads
e s ecifics of the building pads and the amount of fill requested
application does not, however, giVp
for the driveway does not include the amount of fill for o be a qu?red pads. for the lots. Because g the
is
mostly Section 404 wetlands, septic tank pKmrts c from; the tfrOut s of the lot ann d to another lot approxtely 150 feet away
proposed to be pumped are
building pads, pumpm$ of the
(L.atie Avenue). Depending on the location of the proposed ?tion.
wastewater will be Author than the 150 feet stated in the appli not be
development as proposed, may
]due to the amount of Section 404 wetlands on the lots, applicant may wish to consider
possible to protect waters and wetlands of the State, The the dwelling on the uplands
combining the two wetland lots as one (1) lot and consider budding wetlands. The
adjacent to Lane Avenue. 'tis would not require fill for a driveway through the
dwelling could be accessed from the road front on Lane Avenue. If this upland area not
J
sox z S2-
Washington, NQrtr. Carolina 21899 Telephone 25Z-946-0481
943 tgaahindton S9uace Mall,
9;s-3116 An Equal Opportunity Afiirmativo A'Uon FaMpleyer
M 'd 6T:8 66, 9 62W SZZ6-9b6-ZSZ red odum/oma
Page .2
this office would consider recommending approval of 0.1 acre of
sufficient for one (1) dwelling,
wetland fill adjaccnt to this upland area. The applicant could propose a wooden walkway and pier
to access the wator front.
If you have any questions or comments please aall this office at [phone]. 'T'hank You.
cc, Ed Harrell, DCM / Elizabeth City
Tom Walker, IJSACOE / Washington
Br Shaver
O Files
Central Files
?0'd OZ:8 66, 9 62W STM-9b6-ZSZ:xPA Odum/oma
F
To: John botney
Planning Branch
DIVISION OF : ENVIRONKIRrm HANAGB14l
C.AWCOR PERMIT APPLICATION RBV=W
WaRO PROJ=.• WQ SUFEUISOR: _
?THOM
ITT
WB'1'C.AAD ' INFORNATION FOR CENTRAL OFFICE TRACKMtG
PERM YR: Pmq= NO.:
PRar= xAMg J a & k r
FROJ= TYPE: PERMIT TYPE: 420ME
COE •#: DDT I:
$GD FROM GDA: (DW DATE FROM GDA: SV
REG OFFICE: W RIVER AND SIM RASIN #:
STREAM OR ADJACENT WATER BODY:/,?. I?C:rl+r?
CLASStS STREAM INDEX #: 30 _ 2-
OPEN'0 OSED• J
NL IMPACT: Q./ EiIC. y WL TM
WL RHQI? sm: / WL ACR EST:
HYDRO CN=? r WL SCORN:
MMGkTT(N:/1l0 MT11GATICIN TYPE:
XMG&TIO1V SIZE: BATING sHSEr A?
RBCOM IDATIOfii: ISSUE . ISSM/COND HOLD
STORMWATER PLAN REQ'D: ? IF YES, DATE APPROVEDs L) 'a
X$O41ECT DESGBMN:Lw?,,?„
WATER QU_4 TSC C.LNRT _ (40.1)
CERT. REQ'D: 1
IF YES, TYPE:
I?
SEWAGE DISPOSAL
TYPE OF DISPOS PROP
( NC, PROpOSET1, SUPT C TANK M.
TO BE PERMITTED BY:
(DEM, D , CO
IF BY DER, IS SITE Z AND PERMIT ISSUANCE PROBABLE-
A
FILL 2-
AREA OF FILL= WATER:. WETLAND: QI
IS FILL ELTMTNATING A SI0C?? USE?
DRVDGN-G
AREA TO BE DREDGED: --,?
Is DRKDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED7
MARDU ARE THE FOLLOWING ADEQUATELY .ADDRESSED?
SEWAGE DISPOSAL: MAYINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERSs
Oct WaRO; . C,=tral ri-les; DCM yield offices: ODE; Washington Office
b0 'd OZ: 8 66, 9 62H StiZ6-9b6-ZSZ: Xpd O?d?l/?1?1Q
12/22/1999 16:58 2524410721 ENVIRONMENTAL PROFES PAGE 01
P.O. Box 3396100 Devil Wls, NoM Carolina
Phone:252,441-OM F= 262-441-0721
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12/22/1999 16:58 2524410721 ENVIRONMENTAL PROFES PAGE 02
P.O. Box 330S KM DrA Hb, North Cuolnf
Phons252-441-0230 Fax: M-441-0721
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The Cindy Bell Fromi George H. Wood, CEP
Myra 919.733-8959 peso e 1 ore
Pleeeeoe Data: 09/02/99
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12/22/1999 16:58
A BETTERO
ENVIRONMENT
May 18, 1999
2524410721
NC Division of Environmental Management
Attn, Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27607
Dear Mr_ Dorney,
ENVIRONMENTAL PROFES
PAGE 03
This Ictter is in reference to DWQ Project 0990210, Mr. Thomas Elks, Currmituck County and your letter of
April 28, 19". Your specific question regarding this application was to understand the building pad
location and to address issues regarding cumulative impacts.
Although not clearly delineated on the application plat, the proposed fill area was designed so the
residential structure would be constructed on the fill area. This concept will provide for minimization of
cumulative impacts.
I hope that this information is sufficient to address the concerns expressed in your letter and to allow
continued processing of this application.
Sincer ly,
"r ' 1/eear'r
eorge H. Wood, CEP
cc; Mr. Thomas Elks
1560 Portertown Rd.
Greenville, NC 27858
. n _ ROX 1 1 A A • K I I I n F V 1 1 1-11111Z m(%PTw r A O n i I AI A 1 7 n e o 9 0 e o _ 'Nr'k 1A4 Awe /,
FOURTH VERSION
GUIDANCE FOR RATING THE VALUES OF WETLANDS
IN NORTH CAgO!NA
North Carolina Dtment of
Environment, Health, and Natural Resources
Division of Environmental Management
Water Quality Section
January, 1995
This document has been approved by
Dat
1641
KAMMO?; 41
Steve W. Tedder, Chief
Water Quality Section

5-2 9
Chart 1 a. WATER STORAGE
Good Microtopographic Relief
(>50% of wetland area
with depressions ;> 10 inches)
and
Total Wetland Width> 100 feet
>70%coverageby irregular, sinuous shorelines >_2 acres =5
upright, woody (i.e. unchannelized streams)
vegetation; persistent, And
upright emergents; Gradual topography within <2 acres .4
or other obstructionU 1 /2 mile upstream
>70%coverageby Irregular, sinuous shorelines 2acres =4
Medium Microtopographic Relief upright, woody (i.e. unchannelized streams)
(>50% of wetland area with vegetation; persistent, and
depressions > 5 inches and < 10 inches) upright emergents; Gradual topography within
1 /2 mile upstream <2 acres =3
or other obstructions- Total Wetland Width > 100 feet
• Contiguous to and within irregular, sinuous shorelines >2 acres =3
WATER 300 feet of surface water (i.e. unchannelized streams)
STORAGE* with signs of overbank flooding
(primarily surface flow) >70%coverageby

d
h
i an
Gradual topography within
<2 acres
2
t, woo
y
upr
g 1 /2 mile upstream ?
=
persistent
,
vegetation;
upright emergents;
or other obstructions Channelized streams > 2acres =2
4C
Little Microtopographic Relief Steep slopes within
2
1
(Depressions within wetland 1 /2 mile upstream <
acres =
<5 inches deep)
91
[Total Wetland Width < 100 feet
irregular, sinuous shorelines

2 acres
(i.e. unchannelized streams)
;mod
<70%coverageby
upright, woody Gradual topography within
1 /2 mile upstream
<2 acres . 0 -1
vegetation; persistent,
upright emergents;
or other obstructions
Channelized streams

Steep slopes within
*Chart continued on following page 1 /2 mile upstream
Chart 1 b. WATER STORAGE
Good Microtopographic Relief
(>50% of wetland area
with depressions >_ 10 inches)
and
Total Wetland Width >_ 100 feet
>70% coverage by
upright, woody
vegetation; persist(
upright emergents;
Gradual topography within
1 /2 mile upstrepm
Medium Microtopographic Relief >70% coverage by
(>50% of wetland area with upright, woody Gradual topography within
upstr
topography
depressions > 5 inches and < 10 inches) egetation; persistent, 1/2 mile
m
X upright emergents;
Total Wetland Width ;-> 100 feet or other obstructions

Beyond 300 feet of surface wat(
WATER with signs ofoverbank flooding
4L
STORAGE* signs of overland flow
(orimarily surface flow)
Little Microtopographic Relief
(Depressions within wetland
<5 inches deep)
QL
Total Wetland Width < 100 fee
>70%coverageby
upright, woody
vegetation; persistent,
upright emergents;
<70% coverage oy
upright, woody
vegetation; persistent,
upright emergents;
Gradual topography within
1 /2 mile upstream
Steep topography within
1/2 mile upstream
I>L acres I
acres I =3
>z acres =S
<2 acres =2
>z acres =e
<2 acres =
2 acres =1
2 acres = 0 -1
=0-1
*Chart continued on following page
Chart 1 c. WATER STORAGE
Contiguous to and within 50 feet
of the edge of linear depression,
canal, ditch, streambank, with
no evidence of surface flow
(primarily ground water flow)
.. 2r
Non-linear depression
0
WATER
STORAGE"
Interstream divide
(primarily precipitation)
QC
Not described as above
Good Micro topographic Relief ` .70%coverage bysome]
(2 50% of wetland area form of vegetation >_2 acres =3
with depressions >_10 inches)
Medium Microtopographic Relief 4>70% coverage bysome 2acres -2
(>50% of wetland area with form of vegetation
nressions>5 inches and <10 inches)
>2 acres =1
>70% coverage by some
form of vegetation <2 acres =0_1
Little Microtopographic Relief
(depressions within wetland
<5 inches deep) <701%Y coverage by some =0-1
form of vegetation
Good Microtopographic Relief tj>70% c overagebysome op- 20 acres .3
(Z50% of wetland area orm of vegetation
with depressions Z10 inches)
Medium Microtopographic Relief
(>50% of wetland area with >70%coveragebysome
>20 acres =2

depressions >5 inches and <10 inches) form of vegetation
>20 acres =?
>70% coverage by some
form of vegetation <20 acres = 0
Little Micro topographic Relief
(depressions within wetland
<5 inches deep) <70%coverage bysome =o- 1
form of vegetation
co
**For those wetlands influenced primarily by groundwater and precipitation but that apparently receive significant amounts of stormwater, increase final
score for water storage by 1 point