19950293 Ver 1_Complete File_19950321

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 9, 1995
MEMO
& LT"NAA
'; to) A
?EHNR
To: Don Safrit
From: John R. Dome
Re: Suggested setbacks from wetland for
tertiary treated wastewater applied to golf course
Currituck Club
Currituck County
FILE COPY
Cherri Lee Smith, Deborah Sawyer (WaRO) and I visited this site in early 1995. I have recently issued
the 401 Water Quality Certification for this project. This memo addresses the question of what setbacks are
appropriate from the wetland to the golf course area where tertiary treated wastewater will be applied.
Based on a review of the site and relevant literature, we believe that a 25 foot setback should be
required from isolated, drier wetlands (Type I) and a 50 foot setback from non-isolated wetter wetlands (Type
II). If the applicant can demonstrate through technical analysis that smaller setbacks will still protect the
wetlands from alteration (for instance, via hydrology modifications or nutrient input), then smaller distances
could be appropriate. In this regard, a package of BMPs (e.g., no spray during rainfall) may be useful in
evaluating these distances.
We have characterized specific areas of the site as follows:
All of hole 16 and west side of 15 (except the creation area):
Type I wetlands
South green at hole 16: Type II
Hole 17: Type I
Hole 18
West: Type I
East: Type II
Hole 9: Type II
Hole 8: Type I
Hole 7: Type I
Please call me at 733-1786 if you have any questions.
cc: Jimmie Overton
Deborah Sawyer; Washington Regional Office
Kevin Martin; Soil and Environmental Consultants
currclub.mem
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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8

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A[LW4 - WWOAA
[D EHNFi
May 9, 1995
Currituck County
DEM Project # 95293
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. I%Iickey Hayes
Kitty Hawk Land Company FILE
3628 N. Croatan Highway
Kitty Hawk, N.C. 27949
Dear Mr. Hayes:
You have our approval to place fill material in 2.134 acres of wetlands or waters for the purpose
of constructing a golf course/residential/commercial community at Currituck Club, as you described in
your application dated 24 February 1995. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Numbers 2732, 2733 and 2671. These
certifications allow you to use Nationwide Permit Numbers 14, 18 and 26 when they are issued by the
Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Mitigation shall be done as discussed in the application. Additional written DEM approval is needed
for the mitigation plan. In addition, you should get any other federal, state or local permits before you
go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Domey
Central Files
Kevin Martin; Soil and Environmental Consultants
7
95293.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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:tSon & Enwironmertal Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
February 24, 1995
NC DEHNR,, DEM
Water Quality Planning
Attn: Mr. John Dorney
4401 Reedy Creek Rd.
Raleigh, NC 27607
Dear Mr. Dorney and Mr. Sugg:
US Army Corps of Engi
Regulatory Branch
Attn: Mr. Mickey Sugg
PO Box 1000
Washington, NC 27889
C6[?WR
IFW?0
The purpose of this letter is to request a Nationwide Permits 26,14 and 18 and a
401 Water Quality Certification for the project known as the Currituck Club. The
project is east of NC Hwy. 12 as shown on the enclosed plans and vicinity map.
We have previously met Mickey Sugg on site to revise wetland delienations
previously performed by Jim Poteat and discuss impacts. We also discussed this
project in the office with John Dorney of DEM and on site with him and Debra
Sawyer of the DEM Regional Office. Overall the Engineer, Architect and
Developer have minimized impacts to high and medium value wetlands to the
greatest extent possible. Considering the amount of wetland on-site they have
done an amazing job in wetlarid avoidance.
Fill in Waters of the US will be required to develop the site for golf course and
residential community, including roadways, cart paths, parking, and lots. It will
be necessary to impact a total of 2.134 acres of jurisdictional Waters of the US
above headwaters for placement of the proposed facilities. In addition to the
1.94 acres to be impacted under NW 26. Other impacts are 0.094 acres for
Nationwide 14 and .10 for adjacent wetlands Nationwide 18. (See attached map
for impact location and size.)
The plans for the development have been modified in order to minimize impacts
to wetlands; upland areas have been utilized as much as possible.
The attached site photos shows most wetland impacts associated with the golf
course. The location of the Nationwide 18 impact is along the landing area of
Hole 18. Also note that the large wetland areas adjacent to Currituck Sound and
the large freshwater marsh west of Hole 18 have been avoided.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
f
To expedite the permitting process and to ease the process for everyone
involved, the following individuals/agencies have been provided with a
complete copy of this entire application package: Debra Sawyer (DEM
Washington Regional Office), David Franklin (Wilmington Corps), USF&WS,
and NC Dept of Cultural Resources, and'CAMA (Elizabeth City).
Detailed plans for the residential pods surrounding the course are close to their
final version but may require future revision. The client realizes that these must
be addressed prior to construction. It is anticipated that any changes would
require no or only minimal wetland impacts.
If you intend to perform a site visit, please call and we can arrange for someone
to accompany you.
Sincerely,
C
I L
Kevin C. Martin,
President
cc: (w/enclosures) David Franklin, Wilmington Corps
Debra Sawyer, DENT Washington Regional Office
USF&WS
Cultural Resources
CAMA ;
KCM/jmb

DEM ID: ACTION ID: 26, 14 and 18
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. BOX 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. PLEASE PRINT.
1. Owners Name: Kitty Hawk Land Co., Attn: Mickey Hayes
2. Owners Address: 3628 N. Croatan Hwy., Kitty Hawlc, NC 27949
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Soil and Environmental Consultants, Inc.
244 W. Millbrook Rd.
Raleigh, NC 27609 Ph: [phone]
5. Location of work (MUST ATTACH MAP). County: C u r r i t u c k
Nearest Town or City: Between Duck and Corolla
Specific Location (Include road numbers, landmarks, etc.): West of NC Hwy. 12,
See attached vicinity map.
6. Name of Closest Stream/River:
Currituck Sound
7. River Basin: North Landing River
8. Is this project located in a watershed classified as Trout, (SA) HQW, ORW, WSI, or WS II?
YES (x ) NO ( )
9. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO (x ) If yes, explain.
10. Estimated total number of acres of waters of the U.S. including wetlands, located on project site:
Unknown over 75.
11. Number of acres of waters of the U.S. including wetlands, impacted by the proposed project
Filled: ? _ C 18
_
Drained:
Flooded:
Excavated:
Total Impacted: 1 .c)4 OOA .10
12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only): Residential
development and golf course with some commercial
13. Purpose of proposed work: Allow construction nf r1pyt-Inpmenf.
maximizing upland use and minimizing wetland impacts.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts. See a a _h d 1 r by S&F . .
15. Youxe required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) regarding the presence or any Federally listed or proposed for listing
endangered or threatened species or critical habitat in the permit area that may be affected by the
proposed project. Have you done so? YES (x ) NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence
of historic properties in the permit area which may be affected by the proposed project? Have you done
so? YES ( 4 NO ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? TIn d eve 1 n p P d nr Residential,/ifaration Home
F. If applicable, w h a t is proposed method of sewage disposal? M u n i c i p a l Land Abp l i c a t i o n
C
Agent's Signature Date
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Table 1
"Reason' for Wetland Impact
Regardless of Permit Type
Golf Course Fill -1.51 ac.
Road Fill - .624
Lot Fill - 0.00 (to datepay be addressed in the future once site plan is finalized)*
*.Due to time schedules for construction of the golf course the application is
being submitted now. Road alignments are mostly set but lot configurations
may change which could require future revisions to this projects permit.' The
client realizes there is no guarantee such revisions will be approved but "to be
upfront' we wanted to make you aware of the possibility.
110? 0'
SOIL AND ENVIRONMENTAL CONSULTANTS, INC.
PROPOSAL ACCEPTANCE AND AGREEMENT
FOR PROFESSIONAL SERVICES
This Agreement made this 1 day of December 19 94 by and between
f'1 /15(2W
jg,- 60 ?O i91?17' (hereinafter referred to as
client) at (street address) 3620 A/. 646,47*AJ 4 !?4 F-
?°b . rrax ZZ?? 27141
and Soil and Environmental Consultants, Inc. (hereinafter referred to as
Consultant) at 244 West Millbrook Road, Raleigh, North Carolina 27609.
V* TNESSETH: WHEREAS, Client desires to contract with Consultant tro
perform services pertaining bo Clients project known as ?ey? ?i?r17/G
4e (hereinafter referred to as Project) located at street address)
?p 14/G
WHEREAS, Consultant is engaged in the business of providing professional
services and has submitted a propbsal offering to perform services for client
NOW, THEREFORE, in consideration of the Mutual Covenants and Promises
included herein, Client and Consultant agree as follows:
PROPOSAL ACCEPTANCE - Client hereby accepts Consultant's proposal
referenced below.
CONTRACT DOCUMENTS - "Contract Documents" shall mean,this document
as well as proposals and other documents listed below under PROFESSIONAL
SERVICES TO BE RENDERED.
PROFESSIONAL SERVICES TO BE RENDERED - Consultant will provide
Professional Services for the Project as indicated in Proposal dated
the 1 day of December 19 94 which is included and incorporated
herein. (Brief description of services or if a'proposal was not submitted describe
services to be provided and attach fee schedules.)
v FPm P,E

CONSULTANT HEREBY GIVES. NOTICE OF ITS OBJECTION TO ANY
DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS.
Consultant hereby advises that its performance of this agreement is
expressly conditioned on clients assent to the terms and conditions detailed
herein.
ENTIRE AGREEMENT - This agreement, including the Contract
Documents, represents the entire understanding and agreement between the
parties hereto relating to the Services and superseded any all prior agreements,
whether written or oral, that may exist between the parties regarding same.
To the extent that any additional or different terms or conditions conflict
with the Terms and Conditions of this Agreement, the Terms and Conditions of
this Agreement shall govern. No amendment or modification to this Agreement
or any waiver of any provisions hereof shall be effective unless in writing,
signed by both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representative.
G?1?c+ Cd SOIL AND ENVIRONMENTAL CONSULTANTS, INC.
CLIENT.11
C(j
BY ?Y
Hole Number 1. Typical wetland to be impacted (area nearest tee).
Hole Number 1. Typical wetland to be impacted (area nearest green).

Hole 2. Large wetland impact area.
Hole Number 2. Small wetland impact area.
Hole 5. wetland to be played over.
n % T, -- A ", A .n
M, at c-S, V\
Hole 18. Edge of large freshwater marsh to be preserved.
Hole B. Wetland impact area.
Hole Number 8. Freshwater marsh to be avoided (played over).
Hole Number 9. Freshwater marsh to be avoided (played over).
Hole Number 9. Typical wetland to be impacted.
Hole 18. wetland impact area %-%mv Nkoke. 1$ Gceer`,
Hole 18. wetland impact area at turning point (dog leg).
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