19970908 Ver 1_COMPLETE FILE_19971010

State of North Carolina
Department of Environment,
Health and Natural Resources Y?.'?TA
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary p E H N F?
A. Preston Howard, Jr., P.E., Director
November 18, 1997
Perquimans County
WQC 401 Project #970908
COE #199810032
APPROVAL of 401 Water Quality Certification
Mr. James J. Jellison
Post Office Box 265
Hertford, NC 27944
Dear Mr. Jellison:
You have our approval, in accordance with the attached conditions, to place fill material in 1620 square
feet of wetlands or waters for the purpose of constructing a bulkhead and pier and remove a jetty at Lot 7,
Goosenest Lane, as you described in your application dated October 10, 1997. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
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. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed
in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for ar, adjudicatory hearing.
Y3u must act within 60 days of the date that you receive this letter. To ask for a hearinti, 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sin rely
ston Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker, DCM
9709081tr
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
REPLY TO
ATTENTION OF
Regulatory Branch
Action 11) No. 199810032
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 15, 1997
Fru:,
Mr. John Dorncy
Division of Environmental Management
North Carolina Department of F'rivironment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
Please reference the application of James J. Jellison for Department of the Army (DA)
authorization and a State Water Quality Certification to construct a pier, bulkhead, and boatramp,
on property located at Lot 7 of the Goose Nest Lane Subdivision, adjacent the Albemarle Sound,
in Perquimans County, North Carolina. Your receipt of this letter verifies your acceptance of
a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the
Clean Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after
receipt of a request for certification is a reasonable time for State action. Therefore, if you
have not acted on the request, or asked for an extension of time, by December 15, 1997, the
District Engineer will deem that waiver has occurred.
r
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, at the Washington
Regulatory Field Office, Regulatory Branch, telephone [phone], extension 23.
Sincerely, .4 w-&4
490
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
DIVISION OF COASTAL MANAGE
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: James J. Jellison
2. LOCATION OF PROJECT SITE: Lot 7 Goosenest Lane Subdivision, Perquimans County, Albemarle
Sound
Photo Index - 1995: 157-1614 Q12 1989: 116-7 M14 1984:
State Plane Coordinates - X: 2779600 Y: 860600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - August 27, 1997
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - September 22, 1997
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Perquimans County
Land Classification From LUP - Conservation 9,7 0
(B) AEC(s) Involved: ES, EW, PT n a ;
(C) Water Dependent: Yes
(D) Intended Use: Private, residential
(E) Wastewater Treatment: Existing - Septic tank and drainfield
Planned - N/A
(F) Type of Structures: Existing - None
Planned - Bulkhead
(G) Estimated Annual Rate of Erosion: 5 ft.
Source - NRCS information
7. HABITAT DESCRIPTION: [AREA]
DRF.T GED FTT.i.FD
September 22, 1997
No

cr ?
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y ?(
?
.

c

OTHER
A Vegetated Wetlands
Non-Vegetated Wetlands
(C) Other Shaded
Public trust waters 1620 sq. ft. 600 sq, ft,
G
d
d
Estuarine shoreline ra
e
10,125 s q. ft.
(D) Total Area Disturbed: 45,180 sq.ft. (1.04 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicant proposes to construct 135 ft. of treated wooden bulkhead an
average distance of 12 ft. waterward of the normal water line, construct a pier (100' x 6') with a 'T'
head platform (20' x 10'), remove 4 (@40' long) wooden jetties, grade 10,500 sq. ft. Of land, add 790
cubic yards of sand to improve the lot's tilth, dig two 5' x 284' drainage swales and construct a 15' x
45' boat ramp.
James J. Jellison
Bio Report
Page Two
The applicant owns Lot 7, Goosenest Lane Subdivision in Perquimans County. This lot
fronts on the Albemarle Sound and is 42,681 sq. ft. in size. It is a relatively level lot, with an
elevation of approximately 9 feet above normal water level. The vegetation on this site
consisted of an overstory of loblolly pine, red maple and sweetgum. The understory was made
up of American holly, sweetbay, sourwood and wax myrtle. The soil is classified as Roanoke
silt loam. The entire lot was cleared and graded without NCDCM authorization in August
1997, and the applicant was sited with a CAMA Minor violation (#97-26A). The only man-
made feature on the applicant's lot is a septic tank and drainfield lying landward of the
Estuarine Shoreline Area of Environmental Concern. Four derelict wooden jetties (built by a
previous landowner, each approximately 40 ft. long), lie approximately 80 ft. waterward of
normal water level.
The adjacent lots (Lots 8 and 6) have not been developed. However, Lot #8 is
bulkheaded. The applicant's lot has eroded an average of 18 feet landward of the bulkhead
return wall on Lot #8. The average annual erosion rate for this area is approximately 5 ft.
The waters of the Albemarle Sound are classified as SB by the NCDWQ and closed to
shellfishing by NCDMF. These waters are classified as estuarine by NCDCM. There is no
known historical and/or archeological significance associated with this property.
The applicant proposes to:
(1) Construct a 100 ft. x 6 ft. pier with a 10 ft. x 20 ft. `T' head platform. (The
platform will rest in approximately 3 ft. of water under normal conditions.)
(2) Remove the four existing (non-functioning) jetties.
(3) Construct 135 ft. of wooden bulkhead a maximum of 12 ft. waterward of the
normal water level.
(4) Grade the existing bank from a point starting approximately 70 ft. landward of the
NWL of the property down to the proposed bulkhead.
}
k
(5) Bring in approximately 790 cubic yards of sand to improve the tilth of his entire
lot.
James J. Jellison
Bio Report
Page Three
(6) Construct a 15 ft. wide concrete boat ramp extending approximately 12 ft.
waterward of the NWL and approximately 33 ft. landward of the NWL for an
overall length of 45 ft.
(7) Grade two `V' ditches running along the east and west property lines on either side
of Lot 7. They will have a width (at the surface) of 5 ft. and a depth of 3 ft. The
ditches will drain away from the sound toward the south.
(8) Fertilize, lime and seed the entire lot in yard grass.
The applicant's project will have the following impacts.
(1) Bulkheading will eliminate the loss of approximately 225 cubic yards of soil due to
erosion each year (based on an average annual erosion rate of 5 ft.).
(2) Bulkheading will result in approximately 60 cubic yards of fill which will be
placed below NWL.
(3) Bulkheading will result in the water depth along the shoreline to deepen.
(4) Grading the bank to the proposed bulkhead will result in the disturbance of 10,500
sq. ft. of land.
(5) Adding 790 cubic yards of sand to the lot will require the discing of the entire lot
(42,681 sq. ft.).
(6) The lot will be approximately 45,180 sq. ft. in size after the bulkhead is
completed.
(7) The proposed pier and platform will shade approximately 800 sq. ft. of public
trust waters.
(8) The removal of 4 jetties will eliminate them as a potential hazard to water users.
The proposed pier and platform are well within NCDCM's estuarine waters general use
standards. These same standards allow the NCDCM to give back to a landowner the amount
of land he/she has lost in the last 12 months (assuming they had ownership over this period).
James J. Jellison
Bio Report
Page Four
The applicant has owned Lot #7 since August 1996. Based on aerial photography taken on
December 1, 1995, the lot has lost approximately 18 ft. in 22 months. Storm activity accounts
for the erosion rate, which exceeds the annual average rate of this area. The only increase in
impervious coverage within the AEC will be caused by the boat ramp. The ramp will result in
an impervious surface courage within the AEC of 5 %.
The Perquimans Land Use Plan consistency will be reviewed under a separate letterhead.
Date: September 23, 1997
Submitted by: Richard L. Watts

Form DCM-M -1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
r•n?Fn
AUG 1 8 1991
b. City, town, community or landmark
Goosenes- subdivision. Bethel
Township, Hertford, NC
c. Street address or secondary road number
Route 5, Box 172H
Name James J. & wife Ida M. J e l l i s o n d. Is proposed work within city limits or planning
jurisdiction? x_ Yes No
Address Post Office Box 265
e. Name of body of water nearest project (e.g. river,
City Hertford State NC creek, sound, bay)
Zip 279,44 Day Phone [phone]
Fax
b. Authorized Agent:
Name
Address
City State
Zip Day Phone
Fax
c. Project name (if any)
NOTE: Permit will be issued in name of landowner(s), mid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Perauimans
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
_Building home; work shop; utility
sheds; bulkhead; pier with platform
boat ramp; filling in behind bulk-
head and planting vegetation.
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? Private use,
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. Frame construction of
permanent home & outbuildings;
bulkhead for preservation of land;
pier for personal use; and boat ramp
for launching watercraft.

Revised 03/95
Form DCM-MP-1
7f;Ir;t'`-i
AUG 1 (1 100 7
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 4 a rPs apnrox.
b. Size of individual lot(s) l a n d 1/ 9 a c r e
c. Approximate elevation of tract above MHW or
NWL o f n n i-
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract Some trees.
f. Man-made features now on tract (Z e? t is tank
g. What is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.)
Conservation
Developed
y,X- Rural
Transitional
XX Community
Other
CPlanned subdivision)
h. HHow is the tract zoned by local government?
Be_cirlantial ctiY)ditrisinn_
i. Is the proposed project consistent with the applicable
zoning? ?;) Yes No
(Attach zoning compliance certificate, if applicable)
J.
Has a professional
done for the tract?
If yes, by whom? _
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _yy No
1. Are there wetlands on the site? Yes xx No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach documentation, if available)
m. Describe existing wastewater treatment facilities.
Ca^tlC tank c;Zstam
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.)
Nnna _ T.and pre= t.n include swa 1 es
on both sides of property for sur-
face run-off to road side ditch.
o. Describe existing drinking water supply source.
Eeu n 4 T prnvidPd water to be
completed in September 1997,
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument 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 carry 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 I V white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
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

archaeological assessment been
Yes XX No
Revised 03/95
Form DCM-MP-1
RFCE!VFn
AUG 1 8 1997
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.
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.
Name Mr , & DU R ? A 9112P I certify that I am authorized to grant, and do in fact,
Address -7F u A ; h a ,- S +. a +. a n T c 1 and, grant permission to representatives of state and federal
Phone NY 10 314 review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name Mr. Peter B o r t n i c k permit application and follow-up monitoring of the
Address 5372 Meredith Ter Se, Stuart, project.
Phone FL 34997
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.
Issued
Selatie 414652 nW /na /o:?
• 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.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 18th day of August , 1997
Print N son
Signature
Landowner or A rued A rnt
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
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.
Revised 03/95
Form DCM-MP-2
EXCAVATION
FILL
AND
(Except bridges and culverts)
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.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Existing Project
Len¢th Width Death Death
Access
channel
(MLW) or (NWL)
P
Pier
xa
bwkixx
Platform
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

100 6 2.5 2.5
20 10 2.5 2.5
20 15 2 2

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\j5• \?:'\?
;
?

AUG '1 3 1997

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards Hene
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area
b. Dimensions of disposal area
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?

Revised 03/95
orm DCM-MP-2
Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
Does the disposal include any area in the water?
Yes No
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
b.
. SHORELINE STABILIZATION
Type of shoreline stabilization
XX Bulkhead Riprap
+ pNE bps jug OJAI-L- °?j
Length 5 N? .15 T e On I ipp-e or/
Average distance waterward of MHW or NWL
a. How will excavated or fill material be kept on site
and erosion controlled?
AP 20 M P -FL;-,'
5: GENERAL .
Maximum distance waterward of MHW or NWL
Shoreline erosion during preceding 12 months
(Source of information) P l a t y p 1 n n _S L1 r Zf PTS
as ws11 as sight inspections.
Type of bulkhead or riprap material
Salt treated wood to code
Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill 1 g n
c.
Type of fill material Fill dirt and sand mix
Source of fill material
land sloping
1. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)

If yes,
(1) Amount of material to be placed in the
water
(2)
(3) Purpose of fill
Will fill material be placed in
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area _
(2) Purpose of fill
Will wetlands be crassed in transporting equipment
to project site? Yes No -
If yes, explain steps that will be taken to lessen
environmental impacts.
Applicant or Project Name c
i. Will fill material be brought to site?
Yes No
Sig 0, ?_)(
Hate
Dimensions of fill area .
coastal wetlands
Revised 03/95
Form DCM-MP-3
UPLAND
DEVELOPMENT
RECI`ITM
AU G 1 8 1997
(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. Type and number of buildings, facilities, units or
structures np/r?oyp?o(?s?ed?4? - 2C-TSICr
A?/ /? l r A GTTC7C?
b. Number of lots or parcels (5 A! 1-d7
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?
Yes_ No
If yes, date submitted
i. Describe proposed method of sewage gisposal.
c. Density (give the number of residential units and the
units per acre) I
Have the facilities described in Item i. above
received state or local approval? BEu I
(Attach appropriate documentation) f1S-s r )1 X • _
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. >2E sanitary wastewater, industrial /commercial effluent,
MF)Qr- "wash down" and residential discharges).
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? Yes _ No
If yes, date submitted
List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces.
g. Give the percentage of the tract within 75 feet of
MHW 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 sed for
vehicular driveways or parking.
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
?ucXaC.
m. Will water be impounded?
If yes, how many acres? _
n. If the project is a oceanfront development , en
was the lot(s) platted and recorded?
Revised 03/95
Yes >0 No

Form DCM-MP4
STRUCTURES
_
?j, to 1
i
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys M/ A -
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial -Community _ Private
other sect ions of the Joint Application which relate to (2) Number
this propo sed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s) \\?
1
i
l C
i
P
i
C
(
) _
ommerc
ommun
r
vate
a
ty
(2) Number 0Ar
(3) Length /OO (4) Width of water body
(4) Width 4 (5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes _0 No shoreline
(i) Number
(ii) Length f. Mooring structure (boatlift, mooring pilings, etc.) N/A
(iii) Width _ (1) _ Commercial -Community _ Private
(6) Platform(s) _ 0 Yes No (2) Number
(i) Number 1 (3) Length
(ii) Length (4) Width
(iii) Width
(7) Number of slips proposed g. Other (Give complete description)
(8) Proximity of structure to adjacent riparian
property lines ?Iyo
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL 3
b. Boathouse (including covered lifts) H/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) V/f4
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.) t414
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
/v

I
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Revised 03/95
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PERMIT # 14658
Jellison, James
LOT 7, Goose Nest Lane Subdivision
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