19970198 Ver 1_COMPLETE FILE_19970304

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Louis Amato
57 Carmen Street
Somerset, NJ 08873
Dear Mr. Amato:
A IVUWWA
4 ?jj
Oak
ED EHNR
March 24, 1997
Perquimans County
WQC 401 Project #970198
COE# 199703931
You have our approval, in accordance with the attached conditions, to place fill material in 0.073 acres
of wetlands or waters for the purpose of constructing a bulkhead, pier and boat house at Ainsley Drive in
Hertford, as you described in your application dated 4 March 1997. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3112.
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) (6) and (7). For this approval to be valid, you must follow the
conditions listed in the attached certification. 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.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
e on 'Howar , r. 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
970198.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

Form DCM-MP-2
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stabilization)
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c. Does .:the. area to be excavated include coastal
wetlands "(marsh), "submerged aquatic vegetation
(SAVs) or other wetlands? 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?
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
Regulatory Branch
Action ID No. 199703931
February 25, 1997
Mr. John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Dear Mr. Dorr_ey:
Please reference the application of Louis Amato for Department of the
Army (DA) authorization and a State Water Quality Certification to construct
a wooden bulkhead, pier, and boathouse, on property located at 1416 Ainsley
Drive, in Matthews Acres subdivision, adjacent the Perquimans River, near
Hertford, 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.
According to our administrative regulations, 60 days is reasonable
for State action. Therefore, if you have not acted on the request, or asked
for an extension of time, by April 26, 1997, the District Engineer will deem
that waiver has occurred.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington
Regulatory Field office, telephone [phone], extension 23.
Sincerely,
Raleig Bland, P.W.S.
Regulatory Project Manager
Enclosure
Copies Furnished (without enclosure):
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
DEHNR
Y .,
Flan-hing ranch
Fax : [phone] Mar 19 '97 14:45
P. 07/08
- DIVISION, -OF Eta nOMMMAL MAMA P
CAMAICOE PERMIT APPLTCATION REVIEtii
WQ SUPERVISOR:
REt?IEH: SAYER DATE:
E'Eiclxl?ID•. ]NFA II 10H. FOR -CWMa 0M C3 TRACKING
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'R OOA??!IDA7'ION: ?? ISSIM/Com DEAN HOLD t? -
STO ATER. PLAT REQ'D: ? IF YES, DATZ APPROVED:
. .?E.CT ON??? ? % ? 1++
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CATER -. Ai,] T ]E : GE&x. 4 :Q
. CTRL'.' REQ'D:
IP:` YES, TYkE: t
-SEWAGE DISPOSl
TYPE .OF DISPOSAL 91G. (FITS PROPOSED, ETC.)
TO' BE FFMMITTED BY:
(DEl44 DHS,
IF BY— DEM, IS' SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
..WATERL?':'.FIIF- -
A M,' •OF FILL: WATER: •3/92- WETLAND:
IS FILL ELIMINATING A SI•GNIFIG .?USE? A/
y??EDF'?IG t •
ARF,&? 'I'0 BE DREDGED=
IS, DR dTMG ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
PISOURCE?
YS SPQIL DISPOSAL ADEQUATELY ADDRESSED?
;.:MAR'INA '
ARE tHI 'FOLLOWING ADEQUATELY ADDRESSED? / N
S.WAdE DISPOSAL: MAR: NA SER'lICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS'
CC: :WaRO; gentral Files; DCM Field Offices; COE Washinutcn Office
3"
3
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Louis Amato and Thom Terranova
2. LOCATION OF PROJECT SITE: Ainsley Drive, Hertford, Perquimans County
Photo Index -1995: 160-1648,T13; 1989: 118-4,Hll; 1984: 116-809, L18
State Plane Coordinates - X: 2757500 Y: 896400
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8-1-96;11-13-96
Was Applicant Present - yes ; no
5. PROCESSING PROCEDURE: Application Received - December 23, 1996
Application complete - February 14, 1997
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan -1993 Perquimans County Land-Use Plan Update
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Septic Tank for Single Family Residence
(F) Type of Structures: Existing - None
Planned - Bulkhead, Pier and Boathouse
(G) Estimated Annual Rate of Erosion: 10'
Source - Applicant
7. HABITAT DESCRIPTION: EXCAVATED
[AREA]
OR GRADED FILLED SHADING
(A) Freshwater Wetlands
(B) Public Trust Waters/
Estuarine Waters 3,182 sf. (0.073 A.) 1,592 sf. (0.037 A.)
(C) Upland-Estuarine Shoreline 13,270 sf. (.304A.)
(D) Total Area Disturbed: 18,044 square feet (0.414 A.)
(E) Primary Nursery Area: No
(F) Water Classification: S Open: N/A
8. PROJECT SUMMARY: The applicants propose to construct a 189 ft. of wooden bulkhead, an average
distance waterward of 17 ft. beyond the NWL, as well as construct a 176 ft. long by 4 ft. wide pier with a
600 sf. boat house. The pier project also includes a 256 sf. gazebo. Other proposed work includes grading
the Estuarine Shoreline to provide backfill for the proposed bulkhead, as well as the eventual construction
of a residential structure.
Louis Amato/Thorn Terranova
Bio Report
Page Two
This work site is located in a small subdivision known as Matthews Acres on the east bank of the
Perquimans River in Perquimans County, approximately one and one-half miles southeast of the
Town of Hertford. This site and application involve two applicants and two separate adjacent
residential tracts. Louis Amato and Thom Terranova are co-applicants so that the Amato's may
extend the proposed bulkhead alignment across the property line-and attach their proposed
bulkhead to the existing Terranova bulkhead. Many lots in this subdivision have been previously
bulkheaded and several piers and boat mooring structures exist along this vicinity of the river.
The natural shoreline alignment on the Amato lot is considerably concave, with a maximum
washout distance in the center of between 25 and 30 feet. The lot elevation is between 10 and 15
ft. above the NWL. The Amato's have indicated that at least 10 feet of erosion has occurred in
the last year. The Terranova lot was previously bulkheaded under a CAMA Permit. The
Terranova property also includes a 50 ft. long by 6 ft. wide pier and a 20 ft. by 20 ft. platform
which has become detached from the existing pier. This lot also includes a residential structure.
These lots are almost entirely upland and are vegetated mostly in lawn and field grasses. A
narrow fringe of upland shrubs and trees exists near the shoreline escarpment.. At the NWL
elevation, a fringe of the shoreline (approximately 50 linear feet) is vegetated in canopy of
Taxodium distichum, Pinus serotina, and Platanus sp. However, most of the NWL vicinity of
the shoreline is devoid of any vegetation.
The waters of this portion of the Perquimans River are classified by the Division of Marine
Fisheries as Joint Waters. This portion of the Perquimans River is classified by the Division of
Coastal Management as both Public Trust and Estuarine Waters and as such, is part of the
Estuarine System Area of Environmental Concern.
This application involves 189 ft. of wooden bulkhead shoreline stabilization. The applicants wish
to construct a bulkhead an average distance of 17 feet and a maximum distance waterward of 26
feet beyond the NWL. The proposed bulkhead will attach to the existing Terranova bulkhead,
approximately 9 feet beyond the property line.
Other proposed work for the Amato tract include the construction of a 176 ft. by 4 ft. pier with
a 24 ft. by 25 ft. boat house with open sides. A 20 ft. by 15 ft. slip with 340 sf. of walkway
around the slip will be included under the boat house. This proposal also includes a 16 ft. x 16
ft. (256 sf.) covered gazebo with open sides at the landward end of the pier structure (over Public
Trust Waters), adjacent to the proposed bulkhead.
Form DCM-MP-1
C. Street address or econdary road number
d. ' Is 'proposed work within cityF lunits or planning
- Jurisdiction? -FYes v X---_No '
e. Name of body of water- nearesfproject (e g: river,
-- creek, sound, bay) ` 'Al,L%IY?Q!? l'ver
3. .DESCRIPTION AND PLANNED _USE
OF PROPOSED PROJECT

Fax
c. Project name -(if any)
NOTE: Perndt will be issued in name of lmidowner(s), mid/or
project name.
4_
a _ List all development activities :jyou propose -(e.g.
building a home, motel, marina, bulkhead,*pier, and
excavation and/or filling activities.
LuVC?2cn ?G-L/ /(o -?Xt6" t CoyG?'Ltl?
b. - Is the proposed activity maintenance of an existing
project, new work, or both? - aP-W W01- k
c. Will thgroject be for-public, private or commercial
use? _ roilate
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. ('RtJATZ::' IKt,5t6i-WT-tAU
Revised 03/95

Form ACM-MP-1
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.
Name fled I& P0 Is o n
Address f2?L ,Box 7 de,;-4 brd NC a ?9
Phone
Name al Z: o
-i-Go
Address k-44 o
?9 1
Phone 91 q - a lv L - LJ:2 y Y
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.
• 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.
DEC 2 3.1996
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.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge. .
This is the .?? day of , NO (IP r?16-19_q1_.
Print Name PCL?r?I'!GC (dliGGirys
Signature Ai.«
landowner or
ecrapp Ica nt."
Please indicate
project.
to your proposed
DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
L/ DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each anachment in the
space provided at the bonom of each form.
Revised 03/95