20060775 Ver 1_More Info Received_20061227

6Zuible
Quible & Associates, P.C.
ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING
SINCE 1959
December 21, 2006
Mr. Ian McMillan
Water Quality Certification Program
NC Division of Water Quality
1650 Mail Service Center '~.
Raleigh, NC 27699-1650 ~'' ~~ - ~'-~
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Re: Lot 7, Holiday Shores, Rodanthe, Dare County, NC (DWQ # 06-0775)
M&L Partnership (Attn. Linda McCown)
Nationwide #18/ 401 Water Quality Cert. Permit Application Package
Dear Mr. McMillan:
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone:[phone]
fax:[phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
d ~.
The purpose of this correspondence is to provide the additional information requested in your May 15,
2006 letter. I realize that a significant amount of time has elapsed since you letter, but we have been
waiting on a response from NC Division of Coastal Management (DCM) (a jurisdictional wetlands call)
for this lot. The DCM field representative was unable to make the call and deferred the call to Ted
Tyndall (DCM assistant director) who visited the site in October, but did not provide any written
judgment. John Cece (DCM field representative) recently provided a letter (dated November 30, 2006).
This project has received a Nationwide 18 from USACE on June 19, 2006.
The following are responses from your May 15, 20061etter:
1. Please resubmit your application using the most current Pre-Construction Notification application form
(Version March, 2005).
Response: Enclosed is the completed March 06 PCN Application.
2. Please provide documentation from the Division of Coastal Management that this project does not
require their review.
Response: See enclosed November 30, 2006 letter from John Cece, DCM to Linda McCown.
3. Please provide documentation from NCEEP indicating their willingness to provide the required
mitigation for the project.
Response: See NCI~P acceptance letter
4. Please specify the~ercent of project impervious area based on estimated build-out conditions and
provide an inventory of all impervious surfaces (building footprints, roads, driveways, decks, sidewalks,
gravel-covered areas„_etc.) and resubmit this information. Please note, if the project imperviousness area
exceeds 30 percent, }r~u will need to submit a stormwater management plan per GC3402.
Response: The proposed impervious cover for all work including residential structure footprint, driveway,
and pool area is 26.9~b (this is included on the current PCN application).

I have enclosed three copies of the necessary information including: DWQ additional information request,
PCN application, DCM letter, and EEP acceptance letter. If you have any questions of comments
regarding this additional information, you can reach me at [phone].
Sincerely.
Quible & Associates, P.C.
~~-~./~
Brian Rubino, L.G.
CC: Linda McCown

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
fir any parucutar item is not appltcable to thts project, please enter "Not Applicable" or "N/A".)
I. Processing
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: Nationwide#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
Name: M&L Partnership (Attn: Linda McCown)
Mailing Address:__ 300 Sir Walter Raleigh Street
Manteo, NC 27954
Telephone Number: [phone] 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: Brian Rubino
Company Affiliation: Quible & Associates, P.C.
Mailing Address: P.O. Drawer 870
Kitty Hawk, NC 27949
Telephone Number: 252-261-3300 Fax Number: 252-261-1260
E-mail Address: [e-mail]
Updated 11/1/2005
Page 5 of 13

III. Project Information
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: Lot 7 Holidav Shores
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 065809076166
4. Location
County: Dare Nearest Town: Rodanthe
Subdivision name (include phase/lot number):. Holiday Shores Revised, Lot 7
Directions to site (include road numbers/names, landmarks, etc.): NC 12 South to Rodanthe
on Hatteras Island; turn left (east) on North Holiday Blvd just to the north of Rodanthe
fishing pier; the lot is located at 24228 North Holidav Blvd on the sooth side of the ri hg t_of_
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.586667 °N 75.465278 °W
6. Property size (acres): 0.25 ac
7. Name of nearest receiving body of water: The Pamlico Sound and Atlantic Ocean are
similar distances awav in opposite directions• this is a relatively narrow portion of the island
There is a drainage ditch located 65 ft to the west of the nearest portion of proposed wetland
impact.
8. River Basin: Pasauotank
(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/.)
Updated 11/1/2005
Page 6 of 13

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped ~rassy with maintained herbaceous-type
vegetation; total lot area is 0.25 ac; non-wetland (~0 08 ac)• Section 404 wetland (~0 17 ac)
The general vicinity is comprised of residentially developed lots with some undeveloped
residential lots.
10. Describe the overall project in detail, including the type of equipment to be used:
The project involves residential construction of a timber framed house with a driveway pool
and an on-site septic treatment system Equipment to be used include a ip'ling installation
auger, backhoe, concrete truck, dump truck and other rading_~uipment Residential
construction of this manner is typically completed within athree-month ep riod
11. Explain the purpose of the proposed work: The purpose of the project is to rovide
sufficient area for the placement of a se tp 1C system house pool and driveway The proposed
septic system location has been approved by the Dare County Health Dept (Improvement
Permit enclosed).
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. A USACE jurisdictional determination has been issued on 6-19-06
(SAW-2006-32355-128) and a USACE Nationwide #18 permit for the proposed work described
herein has been issued on 6-19-06 with the same Action ID (SAW-2006-32355-128) Also for
the on-site septic system proposed an improvement permit has been issued by the Dare Count
Health Department on 8-15-02 (enclosed).
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.
There will be a future building_permit request to Dare County
VI. Proposed Impacts to Waters of the United States/Waters of the State
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
Updated 11/1/2005
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: Impacts include a jurisdictional
Section 404 wetland impact of 0.1 acres. This area is proposed to be filled to allow a
buildable area for residential construction as depicted on the enclosed site plan
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 hnth stnictnre and flnnrlino
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)
Shaded on plat Fill, Grading Herbaceous yes 65 if to ditch 0.10

Total Wetland Impact (acres) 0.10
3. List the total acreage (estimated) of all existing wetlands on the property: 0.17 ac.
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
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~e_ malt;nlv 1Pnath X w;rlrh then rl;v;rlP h~, d'~ Sin N/A
Stream Impact
Number
(indicate on map)
Stream Name _
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)

Updated 11/1/2005
Page 8 of 13

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. N/A
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)

Total Open Water Impact (acres)
6. List t
he cumulative im act to all Waters of the U.S. resulting from the ro'ect
Stream Impact (acres):
Wetland Impact (acres): 0.10
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) _
Total Stream Impact (linear feet):
7. Isolated Waters
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 USAGE.
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
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
Updated 11/1/2005
Page 9 of 13

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. The proposed residential
construction plan requires the proposed fill as shown. As an attempt to minimize wetland
impacts, a retaining wall will be constructed around the proposed pool area adjacent to the
wetlands, so that a fill slope in additional areas of wetlands is not necessary This layout that has
been ermitted b the Dare Count Health De artment is achievable under a Nationwide 18
(issued 6-19-06), with less that 0.1 acres of Section 404 wetland fill There is no proposed fill
within the Area of Environmental Concern (AEC).
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.
USAGE - 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 USAGE 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
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide.html.
1. 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.
Proposed mitigation includes ~ayment into the NC EEP at a 2.1 mitigation to fill ratio
Updated 11/1/2005
Page 10 of 13

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.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):
Amount of Non-riparian wetland mitigation requested (acres): 0.25 acres (see
acceptance letter)
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 ^ N/A
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 ^ N/A
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
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
(Neuse), 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
Updated 11/1/2005
Page 11 of 13

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. N/A
* Impact Required
Zone Multi Tier
(c rniara faatl P U.t: ~:.,,..:.._
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the neaz bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 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. N/A
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 existing impervious covera~e•
Proposed new impervious: 2,932 ft2 (26.9%) for residential structure footprint driveway and
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.
On-site septic treatment system to be constructed as a conventional bed-type system The
permitted position of this system is shown on the site plan
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
Updated 11/1/2005
Page 12 of 13

XIV. Cumulative Impacts (required by DWQ)
XV. Other Circumstances (Optional): N/A
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/ncwetlands. If no, please provide a short narrative description:
The proposed work is for the residential development on the subject property only (as shown on
the site plan). This does not enable any additional development or wetlands impacts on nearby
property.
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).
ApplicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13

O~Q~ W ATFRpG Michael F. Easley, Governor
y, William G. Ross Jr., Secretary
..- r- North Carolina Department of Environment and Natural Resources
~ ~ 'C Alan W. Klimek, P.E. Director
Division of Water Quality
May 15, 2006
DWQ Project # 06-0775
Dare County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Ms. Linda McCown
M & L Partnership
300 Sir Walter Raleigh Street
Manteo, NC 27954
Subject Property: Holiday Shores, Lot 7
Pamlico Sound, Atlantic Ocean [030155, 30-22, 99-(7}, SA, HQW, SB] 303d
REQUEST FOR MORE INFORMATION
Dear Ms. McCown:
On May 8, 2006, the Division of Water Quality (DWQ) received your application dated May 1,
2006, to fill or otherwise impact 0.10 acres of wetland to construct the proposed residential
development. The DWQ has determined that your application is incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject
property. Therefore, unless we receive the additional information requested below, we will have
to move toward denial of your application as required by 15A NCAC 2H .0506 and will place
this project on hold as incomplete until we receive this additional information. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
1. Please resubmit your application using the most current Pre-Construction Notification
application form (Version March, 2005).
2. Please provide documentation from the Division of Coastal Management that this project
does not require their review.
3. Please provide documentation from NCEEP indicating their willingness to provide the
required mitigation for the project.
4. Please specify the percent of project imperviousness area based on estimated built-out
conditions and provide an inventory of all impervious surfaces (building footprints,
roads, driveways, decks, sidewalks, gravel-covered areas, etc.} and resubmit this
NoOe Carolina
40 ] Oversight/Express Review Permitting Unit ~tura!!y .
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] !FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

M & L Partnership
Page 2 of 2
May 15, 2006
information. Please note, if the project imperviousness area exceeds 30 percent, you will
need to submit a stormwater management plan per GC3402.
Please respond within three weeks of the date of this letter by sending this information to me in
writing and Kyle Barnes of the DWQ Washington Regional Office. If we do not hear from you
within three weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian
McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
Sincerely,
. ~~
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: March 2005 Pre-Construction Notification Application
cc: Kyle Barnes, DWQ Washington Regional Office
USAGE Washington Regulatory Field Office
File Copy
Central Files
Brian Rubino, Quible & Associates, P.C., P.O. Drawer 870, Kitty Hawk, NC 27949
Filename: 060775HolidayshoresLot7(Da re)On_Hold

12104/2006 14:48 2524733822 MCCOWN PAGE 02102
~~~
w.wa~ww~~,
NCDENR.
North Carolina Departmenfi of Environment and Nafiu:ral Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. JOnes, Director William G. Ross Jr., Secretary
1Voveia~.ber 30, 2006
Ms. Linda, I~. McCown
McCown & McCown, JP..A..
Attdmcys At Law
300 Sir Walter Raleigh Street
Manteo, NC 27954
Dear Ms. McCown:
. Thank you for your most recent letter of November 22, 2006, to Mr. Ted Tyndall,
Assistant Director for p~erm.its and enforcement of the North Carolina: Divisi.ozi of Coastal
Management (DCM), whereby you requested wrft~ten confirmation. vfithe presence of coastal
wetlands on lots 7, 10, .and 11 i1n. Idoliday Shores Subdivisiron, in ih.e Town of Rodatathe, Dare
County. North Caxolina..M..r. Tyndall has asked zne to respond to your request atad to apologize
for him the see~r-ingly long delay in xespor~di.ttg.
On October G, 200b, Mr. Tyndall anal myself were onsitc a.t fife .lots .in question and
determined that although. there were substantial coastal wetlands adjacent tv the area and tlae
presence of at least two coastal wetland species on lot ~7, it appeared. that the area within lots 7,
10, and 11 were not subject to the regular or occasional il.oodi.z>,g from the tides as necessary to
be determined. a Coastal. Wetlatad Area of Envizonnaental. ConceiYt (AEC). Therefore, the DCM
is not clai,ttai,n,g coastal. wetland jurisd.ictior~al with tl~e wetlands on the three subject lots.
.T.Towever, please note that the IJC.M is claiming the open waters of the adjacent canal as
Estuarine Waters acid tY~at 75' landward of the normal high water of the canal is within the
Coastal Shoreline AEC. Therefore, any development within the Coa.,,-tai Shoreline will rcquirc a
Coastal Area Management Act (CAM,A.) permit before work can began. .
I appreciate your efforts to comply with the perzxi.it recluiremcnts of the DC.M. 1'f 1 can be
of further assistaree, please feel free to contact rne. '
Sincerely,
. vluz Cccc
Fic1d. Representative. ,
. 1367 U.S. 17 South, Elizabeth City, Na~th Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccvastalmanagement.net
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