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HomeMy WebLinkAbout27-21 Oldham, Anita Smallnit Class NEW Permit Number 27-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Anita Small Oldham, 2764 Millbrook Dr., Greenville, NC 27858 Authorizing development in Pasauotank County at adi. to Albemarle Sound. at 0000 Rebellion Point Rd.. within Rebellion Point S/D, as requested in the permittee's application dtd 7/8/20 (MP-1), 9/2/20 (MP-2), incl an workplan drawings (6), Pp 1-2 of 2 dtd "Rev 2/1721", Pp 1,3 of 4 did 7/21/20, Cross Section dtd 7/23/20 & Fill Area did "Rec DCM-EC 9/16/20". This permit, issued on March 10, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )t mese terns may be subject to tines, impnsomnent or civil action; or may cause the permit to be null and void. Shoreline Stabilization — Offshore Sill 1) This permit authorizes the removal of the existing wooden bulkhead and concrete bulkhead cap, all as expressly and specifically detailed in the attached application narrative. Efforts shall be made to minimize the limits of disturbance below the normal water level to the greatest extent practicable. 2) The alignment of the toe of the offshore sill shall not exceed the alignment as depicted in the attached permit application and workplan drawings. 3) In order to satisfy concerns from the resource agencies, the landward edge of the terminal ends of the offshore sill shall be a minimum of 5 feet waterward of normal water level. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Anita Small Oldham ADDITIONAL CONDITIONS Permit No. 27-21 Page 2 of 3 4) The alignment of the authorized offshore sill shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 5) The offshore sill material shall consist of clean granite, marl, or broken concrete. Sill materials shall be of a sufficient size and design to prevent its movement from the approved alignment by wave or current action. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. 6) The height of the permitted offshore sill shall not exceed one (1) foot above the normal water level. 7) The offshore sill shall have at least one, five-foot opening at every 100 feet. The sill sections may be staggered and overlap as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. 8) Offshore sill shall be marked at 50-foot intervals with yellow reflectors extending at least three feet above normal high water. 9) Unless altered herein, no backfill of the offshore sill or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. Upland Fill 10) No fill shall be placed below the normal water level. 11) The fill material shall be clean and free of any pollutants except in trace quantities. 12) Unless altered herein, all backfrll material shall be obtained from a high ground source and confined landward,of normal water level. Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. 16) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Anita Small Oldham ADDITIONAL CONDITIONS USACE Conditions Permit No. 27-21 Page 3 of 3 17) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.eov/raleigh/ndfs/ManateeGuidelines20l7.pdf. General 18) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 19) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 20) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-01669) issued 3/10/21. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1419. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: A n,\l AcTN Udhclno _..____ __ Type: (Check all that apply) New V _ Major Mod Permit# Permit Coordinator: Field Representative: 9_WC n � Date Time ekA41,( .6rt top-( ? w( w"a P,(;;f: lyu;�l o- W 1i :) of A,*Ak Minor Mod Renewal Transfer Message �S Ge i H C- W') (oWe-c", `Ott..) 11.(eg Pt/�u�h �/1G-ii'��'n( ►+(e� ��� O l J Wdr46W-7 P51-? J Z 64 ZIA,, kr*4,%66ts 044 U,74K "(1501`i�L41'('�i '�191"IZI�Bj2�1�1�25 �Z� �s 4 q d DCM Coordinator: tkl !kQ11 Permit #: Z7'Z MAILING DISTRIBUTION SHEET Permittee: rh1 Ol 1 7Xc/ I(ff wk Zr` G' 4t^_ 27$59 // r Agents: Q5q�d1lrO.r DCM Field Offices Elizabeth Cif �014;0 elf Morehead City Washington (with revised work plan drawings) Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertif, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental. Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater ,{ Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider-401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) )f Natural Heritage Program Rodney Butler LPO: (Zx (NCDOT) Travis Wilson Receivpd APPLICATION for Jul. 27 ,;.-i, fi Major Development Permit ,r.M_FC (last revlaad 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT I. PdmaryApplicent/Landownerinfo medon — - -- - — — 'Busk ess Name -- - --- Project Name (if applicable) Anita Small Oldham Oldham Shoreline Project Applicant Last Name An E S Oldham Applicant MI Last Name NA NA NA Haddldonal aPPlicanW, please attach an addMorel page(s) with Items listed. Mailing Address PO Box City State 2764 Millbrook Drive NA Greenville NC ZIP Comity Phone No. FAX No. 27858 USA 919 " 906 -4593 BxL NA - Street Address (ddifferent from above) City State ZIP NA NA NA NA- Email asoldham8OQgmall.com genNContractorinfonnadon s Name Elliott ConsultinContractor L 1: First Name MI Last Name Kenneth C. Elliott ontractor 2: First Name MI LM Nam NA NA NA Mailing Address PO Box City gvta 202 Elliott Road 112 A diett NC ZIP Phone No. 1 Phone No. 2 27916 NA 252 " 339 - 9021 B7I NA FAX No. Contractor t 888-637-6241 NA Street Addrass (d dfflemm from above) City Slate ZIP NA NA NA NA - Email ken kenobx.com <Form continues on becb RECEIVED CED 9. 9. 2020 . - .. r.ag4ment.nut DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) 3. Proial Locafien APPLICATION for Major Development Permit County (can be mufiiple) Street Address` State Rd. • Pas uotank 0000 Rebellion Point Road SR 1103 Subdivision Name Cm, state Zip Rebellion Point Elizabeth City NC 27909 Phone No. Lot No.(s) flfmany, &Hach sdd//ional page wIM llag 919 - 906 - 4593 ext. (Owner) NA a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Pasquotank Albemarle Sound c. Is the water body identified In (b) above, natural or manmade? d. Name the closest body major water 1 Y to the proposed site. ($Natural ❑Manmade 1]Unknown project Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? [Ayes I. If applicable, list the planning jurisdiction Or city limit the Proposed ❑No work falls within. Pasquotank Coun 4. SNe D"cdptlon a. Total length of shoreline on the tract (ft.) b. Size of entire trap (sq.ft.) 1951 ft 2,534,756 sq. ft. (58.19 ac) C. Siu of individual lot(s) d. Approximate elevation Of tract above NHW (normal high we" or 2,534,756 sq. ft. (58.19 ac) NWL (rrormal ureter level) (if many/U Sizes, please attach additional page aith a ft f) ❑NHW or DONWL 2 feet above on tract of NWL: 1.43 ac residential lawn and grassland, 31.76 ac forest land (pine), 25.0 ac cultivated ans), wetland species: phragmites, cord grass, sawgrass. Waterward of NWL: phragmifes, Feeta eatures and uses now on tract ac residential lot with 760 sf cottage, deck, and 300'x V pier, 31.76 ac tree farm (pine), 25.0 cultivated field. g. Identify and describe the existing land uses sclia{g� to the proposed project site. West - residential; east - tree farm and cultivated field, north - tree farm and cultivated field: south - Albemarle Sound. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? A-1 Agriculture (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA I. Is the Proposed activity part of an urban waterfront redevelopment proposal? ❑Ye6 ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes MNo ❑NA If Yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes (BNo ❑NA National Register listed or eligible property? <Form continues on next pages RECEIVED 2020 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) _ J1.4 ; 1 M. (i) Are there wetlands on the site? (ti) Are mere coastal wetlands on the site? 01) If yes to either (i) or (it) above, has a delineation been ceritlucled? (Arrach documentation, ifavailabre) n. Des be existing wastewater treatment facllittes. Septic tank & drain field at cottage, 400 feet from work site. D. Describe existing dnnlong water supply source. Groundwater well at cottage, no county water Service. p. Describe existing storm water management or treatment systems. None, cultivated field and forest land. APPLICATION for Major Development permit ®Yes ONO ®Yes ONO Ii4Yes ONO s3. Activities and Impacts a. will the project be for commerdel, public, or p vale use? ❑Commercial ❑Public/GovemmeM MPrivatelcommunay b. Give a brief deacnptio i of purpose, use, and daily operations of the project when complete. Purpose of project will strictly be to re -stabilize the shoreline by pulling back and consolidating the existing broken concrete riprap along with new concrete riprap into a 12-ft wide sill along the eroded shoreline, to construct a usable barrier for shoreline protection. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Trees & foliage removed by mower to access shoreline, logging mats placed for temporary wetlands protection. Old riprap to be removed and broken up, then placed in position with excavator or backhoe, new riprap added to build sil o permitted height, tractor used to grade & level disturbed land, groundcover sown, equipment storage in adjacent d. List all development activities you propose. Currently, no development beyond stabilization of shoreline. e. Are the proposed activities maintenance of an existing pro)ect, new vrortr, or both? New work: replacement of old wooden bulkhead with new riprap offshore sill. I. What Is the approximate local disturbed land area resulting from the Proposed project? ❑Sq.Ft or I&Aaas 0.24-ac along shoreline (riprap), 1.37 acres temporary disturbance landward. g. Will the proposed project encroach on any public easement, public accessway or Omer area ❑Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stonmvater be discharged into a wetiand7 ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? Oyes ONO D9NA J. Is there any mitigation proposed? ❑Yes No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 19 RECEIVED SEP 22 2020 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 8. Addklonallnformatlon In atldttlon fo this COMPletedihorifcaffon form, IMR I) the following items below, Aepplymbo mastba spbra'aad in oldarforfha shoocaflaa packagePobe complete. ha—Ia)-(gere-teMysappllceble to any major day el in+bucdon boo Mat on how fo Properly prepare the required items below. loathe application. Please conw/t the application VId.Acopy A narrative. Israte, dated work ptat (including Plan view and aoss-sectional drawings) dra— M scale. Pbase give the pressor star. d the d Projed. Is any portion already complete? If previously authorized work, Deady indicate m maps, plate, drawings to distinguish work completed and proposed. C.inoatlen map that is sum.enuy canned to guide agency personnel unfamiliar with theivalstot .ftp of Me deal (with stab application Only)or Omer inaaument underwhimtheapplicantda nowMeaffectedpmpeN". ropriate application fee. Checkormonayorda matle payable to DENR. f. A list of the names and cornpine addresses of be adjacent waterfront (dpadan) lantlownere and Signed return recap ts as t such owmas have received a way of the application and plats by certilled mail. Suchlandownere must be afvisad Math ha�aays in whkh to submit comments on Me proposed purled tothe Division of Coastal Management. they M m Name Noel W. 8 Gladys Meggs Phone No. 252-330-2208 (P) Address 157 Rebellion Pt. Rd., Elizabeth City, NC 27909 919-330-2208 (C) Naine Harry John Robinson Phone No. 252-335-5200 (P) Addison 203 Dogwood Trail, Elizabeth City, NC 27909 Name Phone No. Address g. A list of pevbus,ladle w lederel permits Iss ed forwork on the ed ar,a Indude Purl peimilnumbere, wrmit[ee, orb isauinp tleles. CAMA General Permft t167358A for 500 feet of dprap shoreline stabilization west of current protect issued 2017 to Aorta Oldham. h. Signed consultant w agent dui ronzaaw form, r applicable. I. Welland ddineatlw, anacessary. - I. A signed AEC hWSM notion for projects In ocimrhont and inlet areas. (NMI be aighetl bypropedy owner) k. A 3wasmant d compliance with the N.C. Environmental Policy Act (N.C. G.S. 11 aA 1-10), if neceasary It the pmled involves expenditure d public funds or use or Public lands, allKh a alinement documenting compliance win the North Cardin Eavlrmmarbl Policy Ad. ..n a Olat any Perron Issued in response tofhie application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained In the permd. 1 certify that I am authorized to grant, and do infect grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating infornation related to this Pernll appication and follow-up monitoring of the project. I further certify that the Information provided Inthis application Is truthful to the best of my knoviedge. Date X July 8, 2020 Print Name Anita S. Oldham Signature X a -wk" 'd. Please indicate application attachments pertainingto your proposed project. MDCM MP-2 Excavation and Fil Information ODCM MPS Bridges and Culverts ❑DCM MP-3 Upland Development ODCM MP4 Structures Infornation AIL 2 ? 7p?q DCM_& 2 2 2020 DCM-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Received CfOn•; ! J 'l DCM-EC Received DMEC 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. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Channel Other (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL) Breakwater shoreline Length NA NA NA NA NA 1010' / 150, stabilization NA Width NA NA NA NA NA 1z/8' NA Avg. Existing Depth NA NA NA NA NA NA Final Project NA Depth NA NA NA NA NA NA NA 1 I — - — - — - - -- C9This section not applicable a. Amount of material to be excavated from belay NHW or NWL in b. Type of material re be excavated. cubic yards. c. 0) Does the area to be excavated include coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (Vitp If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2 DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (I) Do you claim title to disposal area? Oyes ONO ❑NA III) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area induce any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL _ ❑None (if) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. ® ibis section not appacable Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? Oyes ❑No ❑NA (if) If yes, where? f. (I) Does the disposal indude any area in the water? Oyes ❑No ❑NA (if) If yes, how much water area is affected? IVED SEP 2 2 2020 CM-MHD CITY 252.8a8-2808 a t-888411COAST :. wvvw.nccoastulm_a_nageme�i._net revised: ?2126i06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABIUZATION (if development is a wood groin, use MP4— Sbudures) a. Type of shoreline stabil¢ation: ❑Bulkhead ❑Niprap ®Breakwater/Sill ❑Other, C. Average distance watarward of NHW or NWL: d. Outer sill - 13 feet, inner sills - 3 feet 9. Type of stabilization material I. Existina broken concrete slabs in water on site to be broken up to 9" - 23" diameter & steel rebar removed, additional concrete riprap or DOT Class 2 granite added for dressing to permitted height. g. Number of square feet of fill to be placed below water level. h. Bulkhead backfill Piprap Breakwater/Sill 13.320 sf Other _ i. Source of fill material. Parks Land Dev. Inc. Elizabeth City NC Received section not applicable Length: 1UI tt (outer sl inner si Width: 12-9 (outer sill), 8 ft (inner sill) Maximum distance wMerward of NHW or NWL: 23 feet (outer sill) (i) Has Mere been shoreline erosion during preceding 12 months? Was ❑No ❑NA (W If yes, state amount of erosion and source of erosion amount information. 1.76 Wyear avg., site survey Jun 2019, GE historical Type of fit material. Existing broken concrete new broken concrete slab, new NCDOT Class 2 stone. I. OTHER RLL ACTIVITIES ❑ This section rid applicable (Exduding Shoreline Stabilization) a. (i) Will fill material be brought to the sne? INyas ❑No ❑NA b. Q) Will fill material be placed in coastal wetlands/marsh ICWI. c� (ii) Amount of material to be nlar,ad in the water 2.1 cu. yds. (iii) Dimensions of fill area `I 85 t ft. (iv) Purpose of fill Inside eroded comer to be filled above NWL, no groundcover present, to replace eroded 5. GENERAL a. Now will excavated or All material be kept on conholled? Fill material will be stockpiled in adjacent cultivated field for temporary staging only. C. (i) WIII navigattonal aids be required as a result of the project? ❑yes INNo ❑NA (ii) If yes, explain what type and how they will be implemented. x September 2 2020 Date Oldham Shoreline Project Projed Name suomergec aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑OW _ ❑SAV _ ❑SB _ ❑WL _ [NNone (it) Describe the purpose of the fill in these areas: It. What type of construction equipment will be used (e.g., dregline, hadrhoe, or hydraulic dredge)? Excavator, backhoe, loader, skid -steer loader, dump truck it. (i) WIII wetlands be crossed in transporting equipment to project ske? Wes ❑No ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Logging mats will be Placed over designated wetlands & removed at end of project, disturbed land reclaimed wit Ken Elliott for Anita S. Oldham Applicant Name x Ken Elliott 2w sin. a.��.�-��.,,.--- Applicant Signature RECEIVED :: 1-688d1IRCOAST :: vvvvw-nccoast9lmanagemenLnet DCM-MHD CITY OLDHAM SHORELINE PROJECT 0000 REBELLION POINT ROAD, ELIZABETH CITY, PASQUOTANK COUNTY, NC CROSS-SECTION DIAGRAMS / BOTTOM CONTOUR DRAWINGS pIAGFAM C DMOIaMA OMORAMB � COMOUR C MR DEPM BELOW11WL EROSM DIAGRAM A - OLDHAM SHORELINE CONTOUR / SILL CROSS-SECTION -SEGMENT N1 SCALE 1 IN=10 FEET SILL PEAlt6ME 1.6 RABOVENAL OUTER SILL YWIERVMRornW WEETI DISTANCE L�ARD DIAGRAM 8. OLDHAM SHORELINE CONTOUR / SILL CROSS-SECTION - SEGMENT M5 SCALE. i N • 10 FEET MU.R ME 1.5 FiA60YEM OUTER 81LL DIS1 EUOI N DFROMMML DIAGRAM C - OLDHAM SHORELINE CONTOUR / SILL CROSS-SECTION - SEGMENT N SEP 2 2 2U20 SCALE. 1 N. 10 FEET g,pgqDABB MH JUL 27 7f"] DIAGRAM BY ELLIOTT OONSUTMG pp p�1 JULV 33, 2020 J,N r. A 4f *I ow Bodnar, Gre From: Ken <ken@kenobx.com> Sent: Wednesday, February 17, 2021 1:38 PM To: 'Pelletier, Josh R CIV CESAW CESAD (USA)' Cc: Bodnar, Gregg; Oldham Anita; David Parks; Cynthia Rountree; Scarbraugh, Anthony D CIV USARMY CESAW (USA) Subject: [External) RE: Anita Oldham Attachments: Oldham Site Map PRE 1=50 021721.pdf; Oldham Site Map POST 1=50 021721.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Soam. Josh, Hope you are doing well too. Please find attached revised pre- and post -construction drawings of the Oldham project site. The small wetlands area will be left undisturbed and the staging area has been moved into a designated 0.42-acre uplands area starting north of the small wetlands area. The new staging area will be in a corner of the existing cultivated field to the north, in an upland area previously assigned inside the project limit of disturbance. The small wetlands area will be marked, flagged, and taped to prevent inadvertent entrance by construction equipment. Thanks, and let me know if you need more information. Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 USA Phone:252-339-9021 Fax:888-637-6241 Email: ken@kenobx.com From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Tuesday, February 2, 2021 2:04 PM To: Ken <ken@kenobx.com> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Anita Oldham Mr. Elliot, I hope this email finds you well. I am beginning my final review of the Anita Oldman project in Pasquotank. I noticed in the narrative that the project plans called for using the small wetland area as a "staging area." Is this correct? We would require all materials and equipment be staged on high ground. Staging materials and/or equipment in a jurisdictional wetland could potentially cause a violation of several permit conditions. Also, wetlands shall only be traversed in a manner to ensure minimal wetland impacts. Any staging or crossing a wetland causing more than minimal impacts could cause permanent impacts and thus result in a violation of permit conditions and after -the -fact mitigation. Can you ensure that the staging areas are located outside any 404 areas? Thanks and let me know if you have any questions! Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office ROY COOPER Governor MIC14AEL S. PECAN Secretary BRAXTON C. DAVIS Director Elliot Consulting Ken Elliot (ken@kenobx.com) Dear Mr. Elliot, NORTH CAROLINA Environmental Quality January 4, 2021 This letter is in reference to the application submitted for Anita Oldham, for a Coastal Area Management Act Major Permit to undertake development activities to construct shoreline stabilization in Pasquotank County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make March 15, 2021 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Elizabeth City North Carolina Department of Environmental Quality I DIWsionofCoastallvanagement Morehead City Office 1 400 Commeme Avenue I Morehead City, North Carolina 28557 2528082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, January 4, 2021 8:47 AM To: 'Ken' Cc: Cynthia Rountree; Godfrey, Ella M Subject: Oldham Extension Attachments: Oldham EXT.pdf Morning Ken, Please see above for the extension. Currently I am waiting on USACE and 401, of which I have contacted as of 12/29. Once those comments are in I can make a final decision shortly thereafter. Thanks, Gregg V Gregg Bodnar Assistant Major Permits Coordinator division of Coastal Management Department of Environmental Quality 252 ON 2808 ext 215 (office) qM.Qqnar6bncdenr.gov Small correspwdence to and from this address is subject to the North Caraffna Public fte+uords taw and may be dhdased to third parties 1 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director Anita Oldham 2764 Millbrook Dr. Greenville, NC 27858 asoldham@gmail.com NORTH CAROLINA Environmental QuaUty November 6, 2020 pki SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Anita Oldham in Beaufort County Dear Ms. Oldham: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Elizabeth City office on September 15, 2020. On October 6, 2020, processing of your application was placed on hold pending the submittal and acknowledgement of new NC Division of Water Resources federal regulations concerning pre -filing meeting requests. On October 6, 2020, the pre -filing request was submitted. As of November 6, 2020, the 30-day expiration of the request has been fulfilled. Therefore, processing of your permit application has officially resumed. The revised projected 75-day deadline for making a decision is December 30, 2020. Please feel free to contact me by phone at (252) 808-2808 ext. 215 if you would like to discuss this matter further. Sincerely, m Gregg Bodnar Assistant Major Permits Coordinator CC: Ken Elliot (ken@kenobx.com) DCM Elizabeth City Chris Pullinger DWR WaRO (via email) Raleigh Bland, USACE Washington Regulatory Field Office (via email) D_EQ� Ma�MBMWIlW p�e,� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, November 6, 2020 10:54 AM To: 'aoldham80@gmail.com' Cc: 'Ken' Subject: Oldham off hold CAMA application Attachments: Off Hold Anita Oldham.pdf Morning Ms. Oldham, Please see above for a copy of the off hold letter for your project. The DWR pre -filing request has been processed. Thanks, Gregg D_EQ� rx�n_,�nrre +:a C�uaewiW [m'.00..wo4m Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 US 2808 eM 21S (Office) Gre nar ncdenr. v EmaR cor►espondence to and from this address is subject to the North Carottrro pablk Records Law andmay be disdowd to third parties. ROY COOPER NORTH CARouNA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director October 6, 2020 Anita Oldham 2764 Millbrook Drive Greenville, NC 27858 asoldham80@gmail.com SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Hale Stephenson., in Beaufort County Dear Mr. Stephenson: This letter is in response to the above referenced CAMA major permit application, which was accepted as complete by the Division's Elizabeth City office on September 15, 2020. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). Due to new federal regulations adopted by the U.S. Environmental Protection Agency on September 11, 2020, which are currently in effect but are under a legal appeal filed by several states including North Carolina, the N.C. Division of Water Resources has new permitting requirements that require a pre -filing meeting request to be filed with the DWR 30 days prior to receiving a General Certification request. Without this requirement being fulfilled, DWR will be returning all applications received after September 11, 2020. This request can found at https:Hedocs.deg.nc.gov/Forms/Pre-Filing-Meeting-Request. This requirement can also be satisfied if a scoping meeting occurred prior to submittal. If a scoping meeting occurred, please provide a letter attesting to the location and date of the meeting to the Division of Coastal Management. North Carolina Department of Fmlronmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Due to these new Federal regulations, it is necessary that processing of your permit application be placed in abeyance until such time as this new requirement is satisfied and a copy of the request supplied to this office. If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at gregg.bodnar(a)ncdenr.gov. Sincerely, Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: DCM Elizabeth City Ken Elliot (ken@kenobx.com) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, October 6, 2020 3:32 PM To: asoldham80@gmail.com' Cc: Ken; Cynthia Rountree; Godfrey, Ella M Subject: DCM Hold letter Attachments: Anita Oldham ON HOLD.pdf Afternoon Ms. Oldham, Please see above for the hold letter concerning your CAMA Major Permit Application. This hold is in reference to new federal requirements for the NC Division of Water Resources. I have spoken with your agent, Ken Elliot, and have provided him with next steps to satisfy the requirements. As soon as the DWR requirements have been completed I can take the project off hold. I will continue to accept comments from other agencies and discuss any comments of concern if they arise while the project is on hold. Regards, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental quality 262 BOB xsos ext 215 (office) Email carrespondence to and from this address 1s subject to the North Cam" P+ublk Records taw and may bedisdosed to third parties. Bodnar, Gregg From: Wojoski, Paul A Sent: Wednesday, September 23, 2020 2:15 PM To: Pullinger, Robert C Cc: Mairs, Robb L; Bodnar, Gregg; Howell, Jonathan Subject: FW: CAMA: Anita S. Oldham in Pasquotank County Attachments: Oldham Site Plans- ANITA OLDHAM in Pasquotank County.pdf; CAMA - Anita S. Oldham in Pasquotank.pdf Categories: Important Hey Chris, Here's one of the two CAMA projects that came in post new rule without a pre -filing meeting that will have to be returned (still waiting on approval for letter to go out, so the applicant has not been directly notified yet) The other CAMA project that came in under this new Federal pre -filing meeting requirement snafu is in Robb's area. I've copied him (and the relevant DCM folks), so you can coordinate if needed. Paul Wojoski 401 & Buffer Permitting Branch Supervisor Division of Water Resources Department of Environmental Quality Paul.Wojoski( ncdenr.gov 512 N. Salisbury Street (Archdale Building), Suite 942-E, Raleigh; NC 27604 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Montalvo, Sheri A Sent: Wednesday, September 23, 2020 1:27 PM To: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Subject: FW: CAMA: Anita S. Oldham in Pasquotank County And here is the second one. I have not added these to our list of returns yet. Let me know if I need to. It looks like Tanya.pietilaQncdenr.gov Ella. og dfrey®ncdenr.gov Keri.sparks@ncdenr.gov Are the ones that have sent CAMA's to me since 9/11/20 so they will need to be notified about what's going on so they continue to send them to me right yet. Thanks, Sheri IMowtalvo Administrative Specialist 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality Office: (919) 707-3635 Sheri.montaIvo@ncdenr.gov Mailing address: 1617 Mail Service Center, Raleigh, NC 27699-1617 Physical address: 512 N. Salisbury Street, Raleigh, NC 27604 From: Godfrey, Ella M Sent: Tuesday, September 22, 2020 1:19 PM To: Cox, Shelley <coxs@co.pasouotank.nc.us>; Owens, Charlan <charlan.owensCancdenr.gov>; Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.PelletierCalusace.armv.mil>; Padrick, Lee <IpadrickCalnccommerce.com>; DCR - Environmental_Review <>; Whitfield, Clif <clif.whitfieldCilncdenr.eov>; Harrison, James A <James.HarrisonPncdenr.gov>; Harris, David B <davidharrisCa)ncdot.¢ov>; Jenkins, Shannon <>; Gupton, Sharon <sharon.euotonCa ncdenr.eov>; Walton, Tim <tim.waltonPdoa.nc.eov>; Moser, Mike <mike.mosertu�doa.nc eov>; Hilliard, Wanda <wanda.hilliarc1[@doa.nc.eov>; Montalvo, Sheri A <sheri.montalvofalncdenr.gov>; Dumpor, Samir <samir.dumporPncdenr.gov>; Thorpe, Roger <roger.thoroePncdenr eov>; Pullinger, Robert C <>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodnev.ButlerCa�ncdcr.eov> Subject: CAMA: Anita S. Oldham in Pasquotank County Good afternoon, Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above referenced proposal. In the above attachments you will find the standard forms and comment sheet. As before, the comment sheet will provide the requested comment due date, DCM contact information, etc. This distribution email has a return receipt notification. Please accept the request, as we use that.to log receipt of the application. Ella M. Godfrey Office Assistant IV Division of Coastal Management NC Department of Environmental Quality 252-264-3901, ext. 231 252-331-2951 (fax) ella.godfrev()ncdenr gov 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 C. Nothing Compares_•.. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DMSION OF COASTAL MANAGEMENT RECEIVED APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Anita Oldham COUNTY: Pasquotank SEP 2 2 2020 PROJECT NAME: Shoreline stabilization DCM-MHD CITY LOCATION OF PROJECT: 0000 Rebellion Point Road DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-15-20 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Cynthia ROWWfe � DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: %'�' ° Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) # III(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D 9-23-20 ADJ. RIP. PROP NOTICES REC'D: j C) 75DAYDE LINE: �1r3�IL0 HOLDS: (0 1p -II 4 10 EMAIL OUT DATE: 9-.v-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 10-13-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 10-13-20 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep I1 ZA DCM - LUP Consistency Determination !`y 3 Local Permit Officer ly( k Corps of Engineers - Regulatory Branch 3�l0�11 Zo Zo — DWR - 401 Section L 1d'�1p� Z D tv- r -'l� Ll DWR- PublicWaterSupply L K DEMLR-Stormwater 4� Zo DEMLR - Sed and Erosion 4 Z DOA - State Property Office L% x Wildlife Resources Commission 12It DMF - Shellfish Section DMF - Habitat & Enhancement U DNCR -Archives & History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce L ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAROLINA EhvironmentalQualtry TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management, Morehead City THROUGH: Ron Renaldi, District Manager i2A 2 Northeastern District, Division of Coastal Management FROM: Cynthia Rountree, Field Representative Cwt' DATE: November 4, 2020 SUBJECT: Anita Small Oldham Major Permit Recommendations n i i NOV 6 2020 MP SECTION MHD The applicant proposes to construct eleven wetland sill segments that are 12 foot wide at the base, 95-100 foot long, and separated by 5 foot gaps with ten smaller sills landward of these that are 8 foot wide at the base,15 foot long and 5 foot apart with all of them having a height of six inched to one foot above Normal Water Level wetlands along the East end of the property. The applicant is also proposing to add a small area of fill where there are no existing wetlands. The property is located at 000 Rebellion Point Road, adjacent to 157 Rebellion Point Rd, Elizabeth City, Pasquotank County adjacent to the Albemarle Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Shorelines (ES), and Estuarine Waters (EW) Areas of Environmental Concern. I have reviewed the Rules of the Coastal Resources Commissiori (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0205 USE STANDARDS (d) Addresses General Use Standards and requires suitable land uses are those consistent with the management objective in this Rule. First priority of use shall be allocated to the conservation of existing coastal wetlands. Secondary priority of coastal wetland use shall be given to those types of development activities that require water access and cannot function elsewhere. Unacceptable land uses include restaurants, businesses, residences, apartments, motels, hotels, trailer parks, parking lots, private roads, highways, and factories. Acceptable land 0" Qzp North Carolina Department ofEnvlronmemal Quality I DlvlslonofCoastalManagement Ellzabeth City Office 1 401 South Griffin Street, Sulte300 1 Elisabeth CIty.North Carolina 27909 " - 252.2643901 North Carolina Deparhnent of Environmental Quality - -------- ""� "DF"D1I Division of Coastal Management November 4, 2020 uses include utility easements, fishing piers, docks, wildlife habitat management activities, and agricultural uses such as farming and forestry drainage as permitted under North. Carolina's Dredge and Fill Law, G.S.113-229, or applicable local, state, and federal laws. — --- --- In every instance, the particular location, use, and design characteristics shall 6e in acc- - - with the general use standards for coastal wetlands, estuarine waters, and public trust areas j i. desc-ril ed in Rule :0208 of this Section. Consistent: The applicant proposes to construct a riprap sill which is designed to protect coastal wetlands. 15A NCAC 07H.0208 USE STANDARDS r+.-. R • , (a) addresses General Use Standards, and subparagraph (1) requires that uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters, and public trust areas. Restaurants, residences, apartments, motels, hotels, trailer parks, private roads, factories, and parking lots are examples of uses that are not water dependent. Uses that are water dependent include: utility crossings, wind energy facilities, docks, wharves, boat ramps, dredging, bridges and bridge approaches, revetments, bulkheads, culverts, groins, navigational aids, mooring pilings, navigational channels, access channels and drainage ditches. ' Consistent: The applicant proposes to construct a wetland sill. This structure is [ water dependent (a)(2)(A) requires that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC (Rule .0203 of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The development is designed to not interfere with Shellfish beds or submerged aquatic vegetation. (a) (2)(B) requires that the development shall comply with state and federal water and air quality Consistent: This development will not violate water and air quality. (a)(2)(C) requires that the development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural resources. Consistent: There are no known archaeological or historic resources on the i property. RECEIVED NOV 6,2020 __. North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of November 4, 2020 (a)(2)(D) requires that the development shall not increase siltation. Consistent: It does not appear that this development will measurably increase siltation. (a)(2) (E) requires that the development shall not create stagnant water bodies. Consistent: It does not appear that the development will create stagnant water bodies. (a) (2)(F) requires that the development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. 'Consistent: The development will be timed to have minimum adverse significant effects on life cycles or estuarine resources. (a) (2)(G) requires that the development shall not jeopardize the use of the waters4or navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The development proposal should not affect navigation. t 1 t • .. � . • iliL� (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. (d) Use Standards. Acceptable uses shall be those consistentwith the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development -activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. NOV 6 2020 MP SECTION 94 HD North Carolina Department of Environmental Quality MEMORANDUM e4of4 ,...::._............. Division of Coastal Management Page9 November 4, 2020 Consistent: The development proposal of a sill meets the intent of this rule. (d) (1) requires that all development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The development proposal is designed to help protect marshland. (d) (4) requires that the development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of .normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The development proposal meets the intent of this rule. (d) (5) requires that the development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The development proposal is consistent with the intent of this rule. (d) (8) requires that established common law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The development proposal is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to Anita Small Oldham with standard permit conditions. R'E CEPv"E® NOV 6 2020 ESP SECTION MHD ROY COOPER Gotwnw MICHAEL S. REGAN Secretory BRAXTON C. DAMS Director September 21, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce,Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courler 04-16-33) gre g_bodnar(�ncdenr.gov SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road in Pasquotank County Proposed Project: Install a riprap sill for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form to Green Bodnar at, the address above by October 1$ 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. �✓ This agency has'no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME StRM1� DIS�t�n2 AGENCY Di=(Y �- .S SIGNATURE° j DATE � � �.. �... r S E P 2 3 2020 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City. North Carolina').'r909 2522643901 ROY COOPER Qat[rnor MICHAEL S. REGAN seoefary BRAXTON C. DAVIS Director W September 21, 2020 MEMORANDfJMi FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal, Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) preco.bodnar2Dncdenr.00v SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road in Pasquotank County Proposed Project: Install a rlprap slil for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the. proposed project and return this form to Gream Bodnar at the address above by October 1Z 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has.no objection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only If the recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described in the attached commfeh s. .J/� PRINT NAME G Ij r ph W �i r(O AGENCY PLeAlc 4/4ye1. sQcVoh SIGNATURE RECEIVED DATE SEP 2 2 2020 NIP SECTION MHD North Carolina Department ofEnvlrontnental Quality I. DIvlsionorcoastal Management Elizabeth City Me 1401SouthOdfilnStreet;Sulte300 I Elizabcth Clty,Northdaroftno27909 252264.3901 ROY COOPER Cotwnoe MIC14AEL S. REGAN seer VWy RIMTON C. DAMS rumkr September21, 2020 MEMORANDUM: NORTH CAROLINA thehonmenrorQuortty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave, Morehead City, NC 28557 Fax: 252-247.3330 (Courier 04-1 &33) gregg bodnaAncdenrgov SU8JECT: CAMAIDredge Fitt 8 Application Revioty Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road In Pasquotank County Proposed Project: Install a dprap sill for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or vicewpolnt on the proposed project and retum this torn to Gram Bodnar at the address above by October 12, 2020. If you have any questions regarding the proposed project contact Cynthia Rountree (252-2643901, ext. 234) when appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as proposed, "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Lee Padrick AGENCY NC Commerce SIGNATURE ;(4 �1- v DATE 9-25-20 RECEIVED SEP 2 5 2020 MP SECTION MHD Nccth Cer64ns eepvtmrnt arrrrttntuncmal Qualtly l Oh'hlmofCaa,tal Sfsa- t Y&ahnh aty Office 1 4e15ouU1 Ctifrm Street, Anm 9001 EI'aaboh Coy, h'avth CarNitw 2790% �7.2W3707 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director September21, 2020 MEMORANDUM: NORTH CAROLINA En vfronmenrar Quarfty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areas bodnar(Qncdenr aov SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Locatlen: 0000 Rebellion Point Road in Pasquotank County Proposed Project: Install a riprap sill for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by October 12, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested, Y: ✓ This agency has no objection to the project as proposed. "Additional comments may be attached** ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT AGEN( SIGNA' DATE _EQ RECEIVICU S E P 2 5 2020 MP SECTION MHD North Carolina Department ofEnvlronmental Qialhy I Dlvbion of Coastal Management Elizabeth City Ofnce 1 401 South Griffin Street, Suite 3001 Mabeth City, North Carolina 27909 252.264.3901 >0 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Dliecoar September21, 2020 MEMORANDt/M: NORTH CAROLINA Envhunmental Quaety FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areambodnaritlncdenr.Qov . SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road in Pasquotank County Proposed Project: Install a rlprap sill for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this fonn to Greatly Bodnar at the address above by October 1$ 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. One end of the sill, preferably both, PRINT NAME James Harrison should be open, with space shoreward AGENCY NCDMF of the end of the sill, to allow sufficient n // water circulation and fish movement. SIGNATURE 9Ya�,ly JAH'- NCDMF DATE October 2020 RECEIVE® D Q2� OCT 2 2020 a� North Carolina Department of Environmental Quality I DIvlslonorcoastaimmagement MP SECTION ""H® nlzabeth OtyOfflce 1401 South Griffin Street, Stdte300 I FAzabethCtty,North Carolina2/909 252.264.3901 Bodnar, Gregg From: Moore, Bill Sent: Thursday, October 8, 2020 10:32 AM To: Bodnar, Gregg Subject: CAMA-Anita Oldham- Pasquotank County Hey Gregg Based on review of the subject CAMA application, no sw permit required at this time. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 40p81fiiantal Fnvuceimon7al UYallry Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties ROYOOOP% cwawr- hidIAEL&REGAN' BRAXTON Q DAVIS vlftavr 'Septeirnber-21, 2020 MEMORANDUMS FROM: SUBJECT; Applicant: Project Location: Gregg Bodnar, As§lstqht:Major. Permits Coordinator NCDEQ - Division of, Coastal Management: 400'-C6tnmer,ce Ave., Morehead City,, Nd 28657 Fa?Kt'262-247-3130 (Courbir'64-14-33)' OrO �.b- Anctlenroov. CAMAIDredge Fill & Applioddon Review Anita Small Oldham 0000 Rebellion Point Road ImPasquotank County Proposed Project: Instalta r1prapsill for wetland protection adjacqw3c, the Albefflarle. Soundr Please Indicate below youragency's position or viewpoint on the proposed project and returnihis for* to Gmum'Bodnar at IK6 address,above by oepber ig, 260.. If you have any - questions regarding the p'rdposed project,; contact Cynthia Rountree (252-264-3901 , Oki. 234Y when -7/Acoluonal comments MY 1e atMCned-- This allincy has no comment an the propo(sed project. This bgency apprbves of the projedt only if the recommended changes are incorporated. Seezftaclied. This agency objects to the project:for reasons described in the attached comments. PRINT NAME A. o� AGk&Y RECEIVED DATE OCT 1 3 2020 MP SECTION MHD �QEQI MZ&WhCftYOffke I 401SotdhGdfftnRTeet,SWe3Qo I 81zabethC.ft%NorthQw*m279o9 2$2264.3901 — ' ROY COOPER. Governor, MICHAEL S. REGAN Secretary, BRAXTONC,DAVIS, Director Jll�l'd�7:L1�I�1�L9 NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM% -,- Chalon Owen ICP, NE Dlstricf'Plann'er Division of Co tat Management SUBJECT: Major Permit Request by Anita Small Oldham to install eleven (11) 95 to 100 foot long sills with a base width of 12 feet and ten (10) 15 foot long sills with a base width of 8 feet in the Albemarle Sound, and place 485 9q. ft. of fill near the shoreline; at an unaddressed property located on a dirt driveway that extends from the terminus of Rebellion Point Road, in Pasquotank County. DATE: October 13, 2020 Consistency Determination: The request is consistent with/not in conflict with the Pasquotank County/Elizabeth City 2004 Advanced Core Land Use Plan (LUP) certified by the CRC on February 9, 2012. Overview: The 58.19 acre subject property has 1,951 linear feet of shoreline along the Albemarle Sound. Water depths range from 1 to 2 feet below Normal Water Level (NWL) a distance of approximately 15 feet from the shoreline and 2.5 to 3.5 feet below NWL a distance of approximately 20 to 30 feet from the shoreline. The property has an elevation of approximately 2 feet above NWL along the shoreline. An approximately 6 foot wide Section 404 wetland fringe is located along most of the shoreline. The subject property consists primarily of cultivated field and planted pine woods, and also contains wooded areas, yard grasses, and scrub shrubs. Areas along the shoreline are primarily located within the AE (3) Floodzone Existing site improvements consist of a cottage, an out building and two (2) ponds. Existing shoreline improvements consist of a 290 foot long pier with terminus platform extending from a 40 foot long fiberglass bulkhead, 500 linear feet of riprap revetment, and approximately 1,050 feet of remnant wooden bulkhead and broken concrete cap. A relatively small portion of the shoreline is unimproved. According to the application, the riprap revetment was authorized by CAMA General Permit 67358A and installed in 2017 and the 1,050 foot long remnant bulkhead and concrete cap were installed prior to 1993 by a previous property owner. E a� 0 CT 1 3 2020 North 6rolina Department of Environmental Quality I Division of Coastal ManagemAhlti 9'" SECTION M H D Elizabeth City Office 1 401 South Griffin Street Suite 3001 Elizabeth City, North Carolina 27909. 2522643901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 3 Installation of eleven (11) 95 to 100 foot long sills with abase width of 12 feet and ten (10) 15 foot long sills with a base width of 8 feet within the Albemarle Sound, and placement of 485 sq. ft. of fill are proposed. The sills will have a maximum height of 6 inches to 1 foot above NWL and a 2:1 slope ratio. The sills will be located adjacent to the 1,050 linear feet of shoreline where remnant bulkhead and broken concrete caps are currently located. The 95 to 100 foot long sills will be placed approximately 20 to 30 feet from NWL and separated by 5 foot gaps. The 15 foot long sills will be placed 5 feet landward of the longer sills, behind the 5 foot wide gaps. The sills will be constructed from the broken concrete cap. Additional concrete slab or stone will be brought onsite as needed. The fill will be placed above NWL in a small eroded area not containing wetlands. As indicated in the application, Section 404 wetland areas within 100 feet of the shoreline will be temporarily disturbed during construction. The contractor will place logging mats over wetland areas, remove the mats when the project is finished, then reestablish groundcover over the areas. A .21 acre wetland will be used as a construction equipment staging area. The waters in this area are classified as SB and Coastal Waters and are closed to shellfish harvesting. There were no observed Submerged Aquatic Vegetation (SAV) in the SAV survey conducted in April of 2020 or the survey done in September. Historically there have been no documented SAV in this area. A review of archaeological or historical sites within or adjacent to the project area was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of .31acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 485 sq. ft. of High Ground within the Estuarine Shoreline AEC. Basis for Determination: The project site is shown as "Rural Agriculture" on the Pasquotank County Future Land Use Plan Map (FLUPM). Other than fill and project staging areas, development will be located in the Albemarle Sound, which is not designated on the FLUPM. The following LUP policy statements may be applicable to this request: Water Quality: Policy 1, Page 131. "Ensure that water quality in coastal wetlands, rivers, streams, is maintained if not impaired and improved if impaired." and estuar ECEIVE® 0 CT 1 3 2020 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 3 Areas of Environmental Concern: Policy 1, Page 132. "Support state and federal law regarding land use and development in AEC [Areas of Environmental Concern]." Policy 2, Page 132. "Within AEC, permit those land uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water -dependent uses include utility easements, docks, boat ramps, dredging, bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." Policy 4, Page 132. "Restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of the natural function nor condition of the estuarine waters and public trust areas." RECEIVED 0 CT 1 3 2020 RrrIP SECTION MHD ROY COOPER Governor MICHAEL S, REGAN secretary BRAXTON C. DAVIS Director September 21, 2020 MEMORANDUM: NORTH CAROLINA Env/ranmenta►Qua►fly FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16.33) grega.bodnar0ncdenr.00v SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road In Pasquotank County Proposed Project: Install a riprap sill for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaaf Bodnar at the address above by October 12, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Christa Sanderford AGENCY, NCDMF- Shellfish Sanitation and Recreational Water Quality SIGNATURE !Q 4.z/ for Shannon Jenkins DATE 10/16/2020 RECEIVE® 0 CT 1 6 2020 MP SECTION !' HD • North Carolina Department of4udronmental Qualtty, I Dlvislon of Coastal Management Dizabeth Oty Office 1 401 South Griffin Street, Sulte300 I Elizabeth City, North Carolina 27909 2SZ2643901 Received: 10/4/2020 Historic Preservation Office ROY-COOPER cownar MICHAEL S. REGAN seadary BRAMN C. DAVIS DGecror September21, 2020 MEMORANDUM: NORTH CAROLINA &w1ronmentalQurdny ER 20-2103 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areeD.bodnarCaDnodenceoy - SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road In Pasquotank County Due; 10/12/2020 NC - NCH 10/5/2020 Proposed Project: Install a rlprap sill for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by October 1$ 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME. Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE 1�"dt� DATE 10/12/2020 DEQ� RECEIVED OCT 1 3 2020 MP SECTION MHD - • North Carogna Department ofEnvhonmenml Quagly I DKrWoo of Coastal Management atrabeth aty Office 1401 South Gffln Street, Su9te3oo I eizabeth City, North Carolina 279o9 252 M3901 ROY COOPER 0"Mor MICHAEL S. REGAN Serrerary BRAXTON C. DAVIS Director September 21, 2020 MEMORANDUM: NORTH CAROLINA Environmental Qualltr FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courler 04-16-33) gregg bodnar(Wriodenr.gov SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road in Pasquotank County Proposed Project: Install a rlprap sill for wetland protection adjacent to the Albemarle sound Please indicate below your agency's position Or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by October 12, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the projectas proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME W AMJ0. 1� i i 4 ✓ AGENCY SAnal_ Prop t.t !iq r7 j-Vt & e� SIGNATURE (LjpL 1 t 1 D •'a,,t9.� DATE PQ OCT 2 6 2020 MP SECTION MHD North Carolina Department of EmIronmental Quality I DINSIon of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 2SZ2643901 ROY COOPER Oovetnor MICHAEL S. REGAN S—lary BRAXTON C. DAVIS Director September 21, 2020 MEMORANDUM: NORTH CAROLINA ahvirantnmtaf Quattry FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) grean,bodnarAnodenrgov SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road In Pasquotank County DEC 1 7 2020 MP SECTION AFIHD Proposed Project: Install a riprap sill for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Greoo Bodnar at the address above by October 12, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. _, This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME h A f i i fan n AGENCY NI�SP� SIGNATURE �A DATE - M " *221, ! I! Is -*—t-h-e.M 'Is n%&M4 our sMcll o(abn S kncAi-.v C;f -H-e .mc, i rYn .stTue-tu.rc `` �lacecQ 1n -i'1-• Yie� StLj S� be 6-I'2rc� 4, /Sky 'In p6c,, c 4 _oAaLl r IcTF �t� y rzcuvc� {rug n S Ore. North Carolina Deparimem of Environmental Quality I DivisionofCoastal Management Elizabeth City office 1401SouthcrfWnStreet SuJIc3oo 1 Elizabeth City, North Carolina 2r909 252264.3901 Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (USA) <Josh.R.Pelletier@usace.army.mil> Sent: Tuesday, February 2, 2021 2:04 PM To: Ken Cc: Bodnar, Gregg Subject: [External] Anita Oldham CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Soam. Mr. Elliot, I hope this email finds you well. I am beginning my final review of the Anita Oldman project in Pasquotank. I noticed in the narrative that the project plans called for using the small wetland area as a "staging area." Is this correct? We would require all materials and equipment be staged on high ground. Staging materials and/or equipment in a jurisdictional wetland could potentially cause a violation of several permit conditions. Also, wetlands shall only be traversed in a manner to ensure minimal wetland impacts. Any staging or crossing a wetland causing more than minimal impacts could cause permanent impacts and thus result in a violation of permit conditions and after -the -fact mitigation. Can you ensure that the staging areas are located outside any 404 areas? Thanks and let me know if you have any questions! Josh Pelletier Project Manager US Army Corps of Engineers Washington Regulatory Field Office 2407 W. Sth Street Washington, North Carolina 27889 Phone: (910) 251-4605 Email: josh.r.pelletier@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: htto://corosmapu.usace.army.mil/cm apex/f?P=136:4:0 Thank you for taking the time to visit this site and complete the survey. ROY COOPER Governor MICHAEL S. REGAN Sgawary BRAXTON C. DAVIS Director September21, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) areoo.bodnarCa ncdenr.Qov SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project. Location: 0000 Rebellion Point Road in Pasquotank County Proposed Project: Install a riprap sill for,wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greou Bodnar at the address above by October 1 Z 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate„ in-depth comments with supportingr data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Tina Martin AGENCY Division of Water Resources No written concurrence required ^, DWR Project #2020-1419 SIGNATURE , I U/rl N V DATE 21312021 F E B 3 2021 .. �� MP SECTION MH® North Carolina Department of Envlmnmmtal Quality I Divlslon of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 I Regulatory Division Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED MAR 1 0 2021 MP SECTION MHD Reference the application of Mrs. Anita Oldham to construct 11 riprap sills approximately 12 feet wide and 100 feet long with 5ft gaps, and 10 smaller sills landward approximately 8ft wide by 15ft long, in the Albemarle Sound, at 000 Rebellion Point Road, in Elizabeth City, Pasquotank County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. 3. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction ormaintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands- outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. ' 6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shallbe generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), oiu' nightly debris will not be used. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout w ; GEHVE considered significant. MAR 1 0 2021 MP SECTION MHD 12. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Type text here as Josh Pelletier Regulatory Project Manager Copies Furnished: Mrs. Jennifer Burdette North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mrs. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett RECEIVED Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency MAR 1 0 2021 61 Forsyth Street, SW Atlanta; Georgia- 30303 MP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Anita Small Oldham 2. LOCATION OF PROJECT SITE: 0000 Rebellion Point Rd. (SR 1103), Pasquotank County, adjacent to Albemarle Sound Latitude: 36' 7'26.16"N Longitude:-76010'4.59"W 3. INVESTIGATION TYPE: CAMA & Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — July 16, 2019 Was Applicant Present — no but agent was 5. PROCESSING PROCEDURE: Application Received Complete — September 15, 2020 6. SITE DESCRIPTION: Office — Elizabeth City (A) Local Land Use Plan — Pasquotank County Land Classification From LUP—A-1 Agricultural (B) AEC(s) Involved: Estuarine Shorelines, Public Trust Area and Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - septic Planned -none (F) Type of Structures: Existing — Cottage, Pier, deck, riprap and failed bulkhead Planned - Wetland sills (G) Estimated Annual Rate of Erosion: 1.76 feet per year Source - applicant HABITAT DESCRIPTION. [AREA] DRFnr.Fn FII I Fn Quenon (A) Shallow Bottom (EW, PTA) 13,320 sqft (B) Open Water (EW, PTA) (C) High Ground (ES) 485 sqft (D) Total Area Disturbed: 13,805 sqft (E) Primary Nursery Area: No (F) Water Classification: SB Open to shellfishing: No RECEIVED SEP 2 2 2020 DCM-MHD CITY Anita Small Oldham Field Investigation Report Page 2 PROJECT SUMMARY: The applicant proposes to install a riprap sill for wetland protection adjacent to the Albemarle Sound. Project Setting The property proposed for development is located at 000 Rebellion Point Road (SR1103 adjacent to 157 Rebellion Point Rd) in Pasquotank County and consists of approximately 58.19 acres adjacent to the Albemarle Sound. The property currently contains a cabin with a deck and pier, 500 feet of riprap revetment on the western end of the lot, and a remnant wooden bulkhead with broken concrete cap along the eastern end of the shoreline. The property also contains a wetland fringe along the majority of the shoreline. The property to the west is a residential lot and the property to the east is a vacant lot. Vegetation on the site includes, but is not limited to, indigenous yard grasses, various pine trees, Phragmites australis, Cordgrass (Spartina spp.), Sawgrass (Caldium jamaicense) and other noncoastal wetland species. Soil Types include Chapanoke Silt (ChA) and Gertie Silt Loam (GtA). The property has an elevation of approximately 2 feet above normal water level (NWL) along the shoreline. The shoreline is 1951 feet in length and contains a wetland fringe along the majority of the length of the property. The water classification for this area is Primary Recreation, Salt Water (SB) and are coastal waters that are closed to shellfishing. There were no observed submerged aquatic vegetation in the SAV survey conducted in April of 2020 or in the survey done in September except for some algae growing on the concrete slabs. Historically there have been no documented SAV in this area. The water depths range from 1 foot closest the shoreline on the eastern section to 2.5 feet along the western point. Development Proposal The applicant proposes to stabilize 1050 feet of shoreline using a rock wetland sill constructed using the broken up concrete from the old bulkhead cap. The structure will consist of 11 outer sill segments that are 12 foot wide at the base, 95-100 feet long, and separated by 5 foot gaps. On the landward side of these longer sill segments the applicant proposes to place 10 smaller inner sill segments that are 8 foot wide at the base, 15 foot long and positioned 5 foot from the outer segments behind the 5 foot gaps created in the larger segments. The water depths within the inner sill section are between 1-2 feet below normal water level while those near the outer segments are between 2.5-3.5 feet. The proposed sills will have a maximum height of 6 inches to 1 foot above Normal Water Level (NWL) as measured from the closest escarpment location. Additional concrete slab or stone will be brought onsite as needed. The slope of each sill will have a 2:1 ratio along their entirety. The applicant also proposes to place 485 square feet of fill in the eastern corner of the portion of the land that extends out in the water to fill in a small eroded area not containing wetlands,all of which is to be placed above NWL. RECEIVED SEP 2 2 2020 DCM-MHD CITY Oldham Shoreline Project— Narrative Received jUWI�)2-;j Anita S. Oldham — CAMA Major Permit Applicant DCM-EC; Elizabeth City, North Carolina, Pasquotank County The Oldham Shoreline Project is being undertaken by Anita S. Oldham on a waterfront parcel she owns at 0000 Rebellion Point Road, Elizabeth City, NC in order to stabilize eroding shoreline on the parcel and preserve the parcel from future erosion by wave action generated from the Albemarle Sound. This cover letter and narrative will discuss and give details of the construction project. • See Drawing 1 of 2, Project Pre -Construction View. Parcel Overview and Current Shoreline The Oldham parcel is located on the north shore of Albemarle Sound at the end of Rebellion Point Road in Pasquotank County. The shoreline of the parcel has a total length of 1951 feet running east to west. In 2017 Parks Land Development, Inc., Elizabeth City, NC, stabilized 500 feet of shoreline at the western end of the Oldham parcel with a broken concrete slab revetment, authorized by CAMA General permit # 67358A. The owner now proposes to complete stabilization of an additional 1050 feet of shoreline using existing broken concrete slab as riprap, authorized by a CAMA Major Permit. This 1050 feet of Oldham shoreline was stabilized prior to 1993 and prior to Anita Oldham's acquisition of the property. The stabilization involved construction of wooden bulkhead beginning at the western adjoining parcel line and running along the shoreline for 1600 feet until reaching the mouth of a blue -line stream that empties into the Sound. The then -current owner then added a 4 to 6-inch-thick poured concrete cap behind the bulkhead 12-15 feet wide between the bulkhead and the shoreline. Since its pre-1993 construction the elevation of the bulkhead and cap allowed overwash from wave action generated by the Sound to begin eroding the shoreline behind the concrete cap, forming a 1.5-ft tall escarpment landward of the cap. In addition, the wooden bulkhead began deteriorating and falling apart in approximately 2008, also due to wave action on this high-energy shoreline. The deterioration of the bulkhead allowed the concrete cap to be under -washed with subsequent land erosion underneath and landward of the cap. Historic aerial photography shows the concrete cap whole and in place up until2008, though bulkhead damage can be seen. By 2013, damage to the concrete cap can be seen in aerials on the eastern end of the property along with further damage to the bulkhead. On 2016 aerials, severe damage to the concrete cap and bulkhead can be seen with approximately 75% of the concrete cap having broken up and collapsed into the water and shore. By 2019, approximately 100% of the concrete cap was broken and collapsed, laying in the water between the old bulkhead and the current normal water line. Remnants of the old bulkhead remain just waterward of the broken concrete along the entire shoreline. Both coastal and 404 wetland foliage species have grown up along the entire shoreline at this time, except for one 30-ft long section at an inside corner of the shoreline that has eroded adjacent to a cultivated field and woods. This section is approximately 100 square feet in size with a depth below normal ground level 34ECEIVED SEP 22 2020 I)CM-MHD CITY Received of 1.5 feet. It is located landward of normal water level and has no wetland species ;aje s�5lYbreline a >pproximately 5.5�" length. The owner proposes to fill this area to normal ground level, usingcubic yards of sand to do so, and then installing ground cover. The remaining shoreline foliage category locations are illustrated on map 1 of 1. The wetland species are generally located in a band along the shoreline approximately 6 feet wide, inside the formerly bulkheaded area and landward of the broken concrete slabs in the water. In some areas, wetland foliage has grown over the escarpment and extend landward for several feet. 404 wetland species have grown landward from the water's edge in the easternmost 265 feet of shoreline, over the escarpment edge, and then 30 to 40 feet inland into a wooded area. Generally, the broken concrete slabs now extend in a band down the entire shoreline a minimum of 6 feet wide and up to 18 feet wide in some areas, with an average width of approximately 8 to 10 feet. The concrete is generally in large slabs containing little metal or rebar and will need to be broken up to be of use. The owner proposes to use as much of this concrete as possible as a base for shoreline stabilization of the property. Shoreline Stabilization with Rock Sill • See Drawing 2 of 2, Project Post -Construction View Stabilization is proposed along the shoreline of the Oldham parcel from the end of the previously stabilized shoreline at the western end of the parcel, to the mouth of the blue -line stream near the eastern end of the parcel, ending 235 feet from the eastern adjoining property line. With the growth of wetland foliage along the remaining shoreline, the owner proposes to construct a low - elevation segmented rock sill 1050 feet long along the shoreline and slightly offshore, using the existing broken concrete as a base for the structure. The structure will consist of eleven outer sill segments, each 12 feet wide at the base, 95-100 feet long, and separated by a 5-ft wide gap. A series of 10 smaller inner sill segments, each 8 feet wide at the base and 15 feet long, will be constructed 5 feet landward of the outer segments and will overlap the gaps between the outer sill segments by 5 feet each side. Water depths are 1- 2 feet at the inner sill locations, and 2.5 - 3.5 feet at the outer sill locations. The existing large concrete slabs laying in the water will be broken up in place into 2 to 3-foot wide pieces, any metal or rebar removed, and then consolidated into a firm base for the sill. If needed, the concrete slab will be removed from the water, broken up on shore, and then replaced at the sill location. All existing concrete slab located along the shoreline will be used for the sill construction. The owner proposes to construct the sill a maximum of 6 inches above normal ground level measured at the closest escarpment edge. Additional concrete slab or granite stone will be brought on site by the contractor as needed. Each outer sill segment will be constructed as a 95 to 100-ft long pyramidal structure with a 2:1 slope, a few feet waterward of existing wetland grasses, running parallel to the shoreline. The sill will have a 12- ft wide base below normal water level but will be kept low in final elevation, peaking at no more than 6 inches to one foot above normal high water level. The low height will allow large storm -induced waves to pass over into the area behind the sill but will break the wave action to reduce or prevent further ,1FCEIVED SEP 22 2020 ; iCM-MHD CITY Received erosion. Existing wetland foliage landward of the sill will remain in place undisturbed e ter behind the sill will be allowed to return by flowing through the gaps between the inner and outer sills. Protection of Existing Wetland Resources There are two identified wetland areas within 100 feet landward of the proposed construction site. One is a 0.21-acre area inside the western peninsula on the parcel, separated from the shoreline by approximately 40 feet of upland, and is a low cleared area. The other is a 0.64-acre wetland area at the eastern end of the parcel, extending to the shoreline, and is a wooded wetland. Both areas were identified and marked as 404 wetlands during a site visit for preliminary jurisdictional determination by Krysta Stygar with the US Army Corps of Engineers on July 17, 2019. It will be necessary to cross both areas of wetlands to construct shoreline stabilization measures in the proposed project. It is the applicant's intention to impact these wetland areas only temporarily by having the contractor place logging mats over the areas and then removing them once the project is finished. Groundcover will then be reestablished over the areas. The 0.21-acre wetlands area will be used as a construction equipment staging area, and the other area will only be crossed by equipment to access construction on the shoreline. The wetland areas will be well marked and monitored weekly to prevent permanent damage to the areas. Conclusion: All riparian landowners have been contacted and made aware of the proposed construction project. The landowners were contacted by certified mail on January 11, 2020 with information about the construction project, which included maps, a narrative description of the project, and a copy of the full application Package, including MP-1 and MP-2. There have been no negative comments received so far from any adjacent landowners. Mrs. Anita Oldham does hereby request approval of this CAMA major permit and asks that it be expedited as soon as possible. Mrs. Oldham appreciates your consideration of this application. Sincerely, Ken Elliott Elliott Consulting For Anita Oldham, Applicant June 7, 2020 RECEIVED SEP 2 2 2020 DCM-MHD CITY RAP k�.►. —tP e ivw— s Au -- ` -^4�s`7uL T�- ,s« -- -- -- ('o> A ►mow res..-��+,�t.' .� .,p --- -- DfM-EC --___-__ RECEIVED SEP 2 2 2020 0CM-MHD CITY I ID#* 20201419 Version* 1 Regional Office" Washington Regional Office - (252) 946-6481 Reviewer List * Robert Tankard Pre -Filing Meeting Request submitted 10/6/2020 Contact Name * Ken Elliott Contact Email Address* ken@kenobxcom Project Name * Oldham Shoreline Project Project Owner* Anita S. Oldham Project County* Pasquotank Owner Address: Sreet Address 2764 Millbrook Drive Address Lire 2 CKY State /Rovn /Fajon Greenville NC Festal / Zip axis QXK" 27858 USA Is this a transportation project?* r Yes F No Type(s) of approval sought from the DWR: r 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express PF Individual Permit r Modification p Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Do you know the name of the staff member you would like to request a meeting with? Chris Pullinger Please give a brief project description below.* The Oldham Shoreline Project is being undertaken in order to stabilize eroding shoreline on the parcel and preserve the parcel from future erosion by wave action generated from the Albemarle Sound. With the growth of wetland foliage along the shoreline, the owner proposes to construct a low -elevation segmented rock sill 1050 feet long along the shoreline and slightly offshore, using ewsting broken concrete in the water as a base for the structure. The structure will consist of eleven outer sill segments, each 12 feet wide at the base, 95-100 feet long, and separated by a 5-11 wide gap. A series of 10 smaller inner sill segments, each 8 feet wide at the base and 15 feet long, will be constructed 5 feet landward of the outer segments and will overlap the gaps between the outer sill segments by 5 feet each side. The owner proposes to construct the sills a mapmum of 6 inches above normal ground level measured at the closest escarpment edge. The low height will allow large storm -induced waves to pass over into the area behind the sill but will break the wave action to reduce or prevent further erosion. Ewsting wetland foliage landward of the sill will remain in place undisturbed. Trapped water behind the sill will be allowed to return by flowing through the gaps between the inner and outer sills. Please give a couple of dates you are available for a meeting. 10/22/2020 10/29/2020 Please attach the documentation you would like to have the meeting about. CrossSection Apdf 55.01 KB CrossSection B.pdf 54.73KB CrossSection C.pdf 55.09KB FILL AREA091520.pdf 197.38KB Oldham Narrative Letter 011120.pdf 143.78KB Oldham Site Map POST 1=50 P4of4 REV 423.33KB 091520.pdf OLDRAM SITE MAP POST 1 =1 00 P3of4 355.42KB 072120.pdf Oldham Site Map PRE 1=50 P2of4 050120.pdf 380.15KB Oldham Site Map PRE 1 =1 00 P1of4 357.48KB 070820.pdf Oldham_dcm-mpl.pdf 89.58KB Oldham_dcm-mp2 090220.pdf 45.71 KB PhotoPage_050120.pdf 174.07KB SillSidet.pdf 68.24KB topo.pdf 177.71 KB pdf any By digitally signing below, I certify that 1 have read and understood that per the Federal Clean WaterAct Section 401 Certification Rule the following statements: This form completes the requirement.ofthe Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 10/6/2020 Received AGENT AUTHORIZATION FORM DCm-EC PROPERTY LEGAL DESCRIPTION: 1M1 LOT NO. PLAN NO. PARCELID: 8837 675275 STREET ADDRESS: 00000 Rebellion Point Road Elizabeth City, NC 27909 Please print: Property Owner: Anita S. Oldham Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Kenneth Elliott (Contractor J Agent) of Elliott Consulting (Name of consulting firth) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 704 Anoelica Circle, Cary. NC 27518 Telephone: 919-906-4593 Email: asoldham80@gmail.com We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: x January 21, 2020 Date: RECEIVED SEP 2 2 2020 s a ,M—IV HD CITY Harry John Robinson 203 Dogwood Trail Elizabeth City, North Carolina 27909 Dear Mr. Robinson: Elliott Consulting 202 Elliott Road PO Box 112 Aydlett, North Carolina 27916 Phone: 252-339-9021 I am writing to you on behalf of Mrs. Anita S. Oldham, 2764 Millbrook Drive, Greenville, NC 27858, who is applying to the NC Department of Environmental Quality, Division of Coastal Management, for a CAMA Major Permit to stabilize 1050 feet of shoreline with granite and concrete riprap on her property located at 0000 Rebellion Point Road, in Pasquotank County, North Carolina on Albemarle Sound. The specifics of the proposed work are in the enclosed application forms and drawings. As an adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. There will be no construction performed within 15 feet of your property line. If you have no objections to the project, please indicate as such on the enclosed owner's statement and then return the signed statement to my office in the enclosed self-addressed stamped envelope. Should you have any objections to this proposed project, please send your written comments to Mr. Ron Renaldi, NC Division of Coastal Management, 401 S. Griffin St., Suite 300, Elizabeth City, NC 27909 within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions or comments on this project, I would be happy to speak with you and you can call meat 252-339-9021, or e-mail meat. . Mrs. Oldham appreciates your consideration of this project. Thank you, Ken Elliott Elliott Consulting 7/5/2020 Received JUL 2 7 )CM-F-C RECEIVED SEP 22 2020 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED I hereby certify that I own property adjacent to Anita S. Oldham s (Name of Property Owner) property located at 0000 Rebellion Point Road (Address, Lot, Block, Road, etc.) on Albemarle Sound in Elizabeth City Pasquotank County J N.C. (Waterbody) (City/Town and/or County) Agent's Name #: Ken ElliottElliott Consulting Mailing Address: PO Box 112 Agent's phone #: 2Ji9-44q-4a21 Aydlett. NC 27916— He/She has described to me as shown below the development he/she is proposing at that location, and I have no objections to the proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) JUl 2 ," Site drawing and permit applications attached. N you have objections to what is being proposed, you must nomy the urwsion oT L-onssn manayr l—, (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 1367 US 17 South, Elizabeth City, NC, 27909. DCM representatives can also be contacted at (252) 264-3901. No response is considered the same as no objection If you have been notified by Certilled Mail. (Property Owner Information) Signature Ken Elliott for Anita S. Oldham Print or Type Name 2764 Millbrook Drive Mailing Address Greenville NC 2765 City/State/Zip 919-906-4593 Telephone Number July 5. 2020 Date (RI rinlProp�J ner n m ion) J 'Signature//// Harry John Robinson Print or Type Name 203 Dogwood Trail Mailing Address Elizabeth City, NC 27909 C14vstatealp Telephone, Number 71/34ECEIVED Date SEP 22 2020 `,r,M4@HD CITY Noel W. & Gladys bleggs 157 Rebellion Point Road Elizabeth City, North Carolina 27909 Dear Mr. & Mrs. Meggs: Elliott Consulting 202 Elliott Road PO Box 112 Aydlett, North Carolina 27916 Phone:252-339-9021 I am writing to you on behalf of Mrs. Anita S. Oldham, 704 Angelica Circle, Cary, NC 27518, who is applying to the NC Department of Environmental Quality, Division of Coastal Management, for a CAMA Major Permit to stabilize 1050 feet of shoreline with granite and concrete riprap on her property located at 0000 Rebellion Point Road, in Pasquotank County, North Carolina on Albemarle Sound. The specifics of the proposed work are in the enclosed application forms and drawings. As an adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. There will be no construction performed within 15 feet of your property line. If you have no objections to the project, please indicate as such on the enclosed owner's statement and then return the signed statement to my office in the enclosed self-addressed stamped envelope. Should you have any objections to this proposed project, please send your written comments to Mr. Ron Renaldi, NC Division of Coastal Management, 401 S. Griffin St., Suite 300, Elizabeth City, NC 27909 within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions or comments on this project, I would be happy to speak with you and you can call me at 252-339-9021, or e-mail me at snub un;. Mrs. Oldham appreciates your consideration of this project. Thank you, Elliott Consulting 1/11/2020 Received JUN 1 " � DCM-EC RECEIVED SEP 2 2 2020 DCM-MHD CITY Received DATE: January 11.2020 NAME: Noel W. & Gladys Meggs CM�Jj �1 ADDRESS: 157 Rebellion Point Road •'�lJ CITY: Elizabeth City ST NC ZIP 27909 RE: Anita Oldham Shoreline Project To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Anita S. Oldham is applying for a CAMA Major permit to stabilize 1050 feet of shoreline with concrete and granite riprap on property located at 0000 Rebellion Point Road Elizabeth City, INC 27909 , which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to Ken Elliott / Elliott Consulting PO Box 112 AydlettNC 27916 as soon as possible. If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at 252-339-9021 or the Division of Coastal Management at 252-264-3901. Sincerely, I have no objection to the project described in this correspondence. I have objection(s) to the project described in this correspondence. Noel W. or Gladys Meggs x % 14 � �rl . Print Name Signature of Adjacent;Prdperty Owner 157 Rebellion Point Road Elizabeth City, NC 27909 Mailing Address and/or Email Address x Date x 2 S� i'-330- ZZaB Phone Number RECEIVED SEP 22 2020 DCM-MHD CITY ■ Complete Rema1. 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space _permits. 1. Article Addressed tD: Harry John Robinson 203 Dogwood Trail Elizabeth City, NC 27909 IVY .Agent D. Is delivery address`dfferem from item 1—?M If YES, enter deliv address below: ❑ ecehled AIL o '_ IIIIIIIIIIIIIIIIl�II�I�IIIIIIIIII111111111I 3. ❑ lSa slw,ature aed MaP^r 0mun ceType �� MO Mal-ssR ❑ Adult Sipteye %shkted Delhrery ❑ q Mall RcctridW 9590 9402 5869 0038 1154 77 0 Ge anee nm eeehiatad no" ❑ Return Receipt far -- 2. FVtacle Nalrlbel'(rlBee/¢l llOm.SBNICB /dba/f ElCnlloct,n Delivery Merchandise rJ Callectan Delivery Fl,shiciN Oellwry ❑ Signature Confrman'M 7019 D160 0000 9887 4574 Me"i dDel FMW Nary �m C sipelalure eliv y awn Raahlc+ea Drerr Delivery PS Form 3811. July 2015 PSN 7530-o2-wo-9053 Domestic Return Receipt 6 ■ Complete Items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse r, -'4 ❑ Age `d ❑ Addressee ra so that we n return the card to you. W ■ Attachthis card to the back of the mallplece, . or on the front If space permits. B. Received by (Fnnted N ra)Delivery /V Jr—_ � D. Is delivery address - t from item t7 ❑ Yes 1. Article Addressed to: ...-. If YES, enter delivery address below: ❑ No Noel W. & Gladys Meggs Received 157 Rebellion Point Road Elizabeth City, NC 27909 l�f=�EIVg® 3 Ssrvica Typs Cl Pdortty Melt Dpmsg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIlllll 11 Adult °' o ff ODPW Mall Rasetoted 9590 9402 3209 7166 6703 42 Me _ ❑ canned Mal ❑ Pelee, lleealpt far 2 2020 ❑Cdbet an De:!vmy ❑ ccdtt an Delivery Roslncted Delivery tat Mord,andse ❑ S gnatu,e CaMemator' '��pg� w .. p_. pit-iviFiD 2. Article Number(7rarwler from swvlee labeo 7015 3430 0000 2889 5250 oolae� edDevery (. Domestic Return Receipt PS Form 3811, July 2015 PSN 7530-02-000-9053 S r Ln S r ea m or 0 0 0 0 0 a 0 rr' ra 0 M1 Postal CERTIFIED , RECEIPT co trl DomesticMailOnlY nu r a Certleed Mail Fro • r m t1.1 s ��x*� 13 ❑rWaimlp Wdmerl t `t -Here ❑ONM wlt4Ytlrawrrm ,. r3 Oneurt s,pemw seam f - pnamayae.es.ma.dD~ t N N7 O m Rastaea � - $ Senf To 0 f--iiiji Noel W. &Gladys Meggs 157 Rebellion Point Road -- ary'siee. Elizabeth City, NC 27909 Coastal Management ENV IRONMENT Al ONALI t v EMAIL MEMORANDUM TO: The Daily Advance Legal Advertisement Section edalepalsndailyadvance.com FROM: Ella Godfrey DATE: September 18, 2020 SUBJECT: Major Public Notice: Anita Small Oldham ROY COOPER Gurcmrm MICHAEL S. REGAN Sernlmv BRAXTON C. DAVIS Uirxnur Please publish the attached Notice in the Wednesday, September 23, 2020 issue of THE DAILY ADVANCE. Please note that this is for a one -day publication only. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Ellie Davis, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis. Accounts Pavable. DCM. Morehead Citv File RECEIVED 'Nothiny Compare, - Suta of Nonh Cwho.I Emim.mmhl Q lity I Co.sw Mmagmmt S E P 2 2 2020 401 S. Gntlin St., Ste 300I E 7i "h City, NC 27909 252-264-39011252-331-2951 [Mxj v"h -u HD CITY g NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 09/15/20. Anita Small Oldham proposes to install a riprap sill for wetland protection adjacent to the Albemarle Sound at 0000 Rebellion Point Rd (SR 1103) in Pasquotank County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 10/13/20, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, September 23, 2020 RECEIVED SEP 2 2 2020 DCM-MHD CITY ROY COOPER Governor WCHAEL S. REGAN Semaiary BRAXTON C. DAVIS Dlredor Anita Small Oldham 2764 Millbrook Drive Greenville, NC 27858 Dear Ms. Oldham: NORTH CAROUNA Enwonmental Quality September 18, 2020 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to install a riprap sill for wetland protection adjacent to the Albemarle Sound at 0000 Rebellion Point Road (SR 1103) in Pasquotank County. It was received complete on September 15, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 29, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from September 15, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-I 19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your 9V I North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Offire 1 401 South Griffin Street. Sulte 300 1 Elizabeth City, North Carolina 27909 2522643901 RECEIVED SEP 2 2 2020 I)CM-ib1HD CITY Anita Small Oldham September 18, 2020 Page 2 of 2 property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Cynthia Rountree, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, r--5;r Ron Renaldi District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Cynthia Rountree, DCM, Elizabeth City, NC Kenneth Elliott, Elliott Consulting, Aydlett, NC RECEIVED SEP 22 2020 ')CM-MHD CITY NOT 1(0"$104A , Q o ' � CAMA PERMIT APPLIED FOR PROJECT: Install a riprap sill for wetland protection adjacent to the Albemarle Sound COMMENTS i- GCEPTEG 1-HROUGH October 12, 2020 APPLICANT: FOR MORE DETAILS CONTACT Anita Small Oldham THE LOCAL PERMIT OFFICER BELOW, 2764 Millbrook Drive Cynthia Rountree Greenville, NC 27858 401 S. Griffin Street, Suite 300 919-916-4593 Elizabeth City, NC 27909 252-264-3901, ext. 234 Received DCM-EC Refer to J456saat-Razkham, Jr. Estat " I 459 pu721� Deed Book ash , Page 658 V NORTH CAROLINA FXaPM%d h : G. Elvin a®ll, III PASQUOTARK COUNTY Atixeney at l THIS DEED, made and entered into this the 13th day of March , 1985, by and between FREDERICK PENDLETON MARKHAM. III and wife, PATRICIA MARKHAM; DEBRA ANN MARKHAM, On - married; G. ELVIN SMALL, III and wife, MARGARET p. SMALL; FREDERICK PENDLETON MARKHAM SMALL and wife, ROBIN A. SMALL; r ANITA LISTER SMALL OLDHAM and husband, KIRK BRADLEY OLDHAM; , BEVERLY MARKRAM SNAIL and husband, CARTON E. SMALL, JR.; and CEORGE S.JACKSOw, ss Adadolatretur CTA of the Estate of Fred P. Markham, Jr., Parties of the Firer Part; And ANITA SMALL OLDHAM, Route 1, Box 360, Elizabeth City, NC 27909, Party of the Second Part; W I T N E S S S T H: That the said parties of du first part, for and in. =aid- ppp� _ Oration of the exchange of other. property us" ai cIteneously hex with, and pursuant to the provisions of that certain Consent Judgment end Order entered by the Honorable John B. Lasie, Jr., Swarlor Court Judge presiding at the October 29, 1994 Civil Session of Paagwtank County Superior Court, in the proceeding entitled "In the Matter of tba Will of Fred P. Markham, Jr., Deceased' bearing File No: 63-E-111, do the Office of rue desk of Superior Court of Paaquotaok County, and "G. 31v1n Sms11, III, et at vs. Frederick Pendleton Markham, 111, at al," be eYlag PSLe 'b qY' No: 83-CVS-319, in the Office of the Clerk of Superior Court of ()) Pasgwtank Cooaty, and for end in consideration of the sup: of Q ONE DOLLAR ($1.00) and other good and valuable considerations to th® paid by the party of the second pert, the receipt of which is bereby acknowledged, have bargained and cold, and by these Presents do bargain, $811, give, grant, and convey onto the said Party of the second part, her heirs and assigns, all that certain i nxehei imnmume y49 u Qk RECEIVED SEP 2 2 2020 PECAN-fMHD CITY 'Receive' �dlnlVl-E1... on 4% elce722 tract or parcel of land lying and being in Salem Township, Pasquotank County, North Carolina, and more particularly described i as follows: r All that certain tract or parcel 04 land, inn. and being 80 acres more or leas, located, lying and being in Salem Township, POn, the north by North Carolina, being bounded r On, the mrth by the lands kvbwn as the Lister Perm, now or for mow ned rced by Mrs. Ooldie Lister Markham and the farm known as the Leigh Perm belonging nw, or formerly to C.O. RobL;son, formerly awned by his anther, Mary Leigh Robinson. on the east by the farm known as the Leigh farm, row belonging or formerly belonging to C.O. Robinson; on the south by the Albemarle Sound, the lands of Mrs. M. Saunders and the lands of R. Cartwright and on the west by the landa of N.E. Spruill and the lands known as the Lister farm, now or formerly belonging to Coldie Lister Markham, EXCEPTION: There is excepted from the tract of land above described end bersin conveyed, a parcel of tun acres, mots or lea., bounded as follows: On the north by the lands of Goldie Lister Markham, on the east by tba lands formerly owned by John A. Cartwright and A.C. Lowry, now or formerly owned by Clarence White and Josephine WHits; on the south by the Albemarle Sound, the Lot. of Andrew Sanders and A. Cartwright; or the west, by the lands owned by Andrew Sanders. For further description see deed. from L.S. Blades, Jr., Commissioner to A.C.Lowry, dated August 7, 1939, recorded in Book 96, Page 478. and deed from R.C. Lawry to Clarence White and Josephine White dated August 28, 1940 i recorded in Book 100, Page 137, In the Public Registry of Pasquotank County, NC. Lasi This beangg the same property conveyed to Fred P. Markham, Jr., by Deed dated February 20, 1956 and recorded in Dead Book 190, Page 483, in the Office of the Register of Deeds of Pasquotank County, and devised under the Will of Fred F. Markham, Jr. to the party of- the second part, said Will being filed In Estate Pile No: 83-E-111 in the Office of the Clark of Superior Coors of Pasgwtank County, TO HAVE AND TO HOLD the aforesaid land, together with 11 privileges and appurtereneea thersunto belonging unto the aid party of the second part, her heirs and assign. forever. IN WITNESS WREREOF, the said patties of the first part eve berounto at their hands and seals, this the day and year first above written. Y adetTr�abaton—�e,'�1�•' P'e r cra r�cTiam _q_ me SEP 29, 2020 �G"V e 456 w.023 1FoywiT4 U (SEAL) 53—r-sman -tlki c d e Qjp4La• kSEAL) �c))a� yy.�ttar ma1T b1-dam H j Yl JJ. &if. rn _ (SEAL) NORTH CAROLINA PASQDOTANR COUNTY I, the undersigned Notary Public, do hereby certify that Frederick Pendleton Markham, III and wife, Patricia Markham, personally appeared before me this day and acknowledge n�dnq execution of the foregoing ineLcUMM It for the Puxpoa expressed. S. < Sf �RTp163S ory lend sad notarial seal, this the of q b10 Commission Expires: PASQUOTANR COUNTY I, the undersigned Notary Public, do hereby certify that Debra Ann markham, personally appeared before me this day and "c w}� eed ed the due execution of the foregoing instrnmaat for tl c•. "J puydgim8r, n expxeseed. y:.i � o: -+hand and notarial seal, this the _80 day of '�. 19135. My- db `Expires: Received 7 DMEC RECEIVED SEP 2 2 2020 DCM1R-MHD CITY Received DCM-EC W W Pacf724 NORTH CAROLINA .. PASQUOTANK COUNTY ear I, the undersigned Notary Public, do hereby certify that G. Elvin 9=11. III and wife, Margaret P. Small, personally ap- peared before as this day and acknowledged the due exacution of the foregoing instrument for the purposes tkeraiu expressed. VLTNPSS 4 hand and notarial seal, this the aR% day of 11 1985. n y{ " ,N sty �- seion Sxpiree: NORTH CAROLINA PASQUOYANK COUNTY I, the undersigned Notary public, do hereby certify that Prederick Pendleton Markham Small and wife, Robin A. Small, personally appeared before me this day and acknowledged the due , execution of the foregoing instrument for the purposes therale expressed. Yna NITRES my hand and notarial seal, this the gj�n day of 1985. EdaM`'s F. t 9 gy.(''48�;;aion Expires: ,CK OF, Q AUNTY OF /._ • �,Ga I, the undersigned Notary Public do hereby certify that Inita Lister Small Oldham and husband, Kirk Bradley Oldham, ,arsooally appeared before me, this day and acknowledged the due nnaution of the foregoing instrument for the purposes therein . mpreeaed. -4- `e+_ RECEIVED pS6 2 2 2020 d-�4QNta�� CIr/ am 456 PACE727 WITNESS sU, hand and notarial seal, this the day of 1985. "Olfflot��' Public !"n CAROLINA PASQUOTANR COUNTY I, the undersigned Notary Public, do hereby certify that Beverly Markham Sma11 and husband, Gaston E. Smell, Jr., personal. appeared before ea this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed- 9 my hand and notarial seal, this this V`day of _t+gTq 1985. ,, 6? � rrrDT^ Y.: ��oxary�Tu91�c- 4,l. .- jy �, a u1on 6xpiree: f CAROLINA IOTANE COUNTY I. the undersigned Notary Public, do hereby certify that We S.Jackson, as Administrator CTA of the Estate of Fred P. use, Jr., perconally appeared before ma this day and acknow- id the due execution of the foregoing instrument for the sea therein expressed. WITNESS my hand and notarial seal, this the 2 day of is 1985. 4'4� AoCar �ubS c ij ljF ii y — Expires: -5- Received DMEC gFCEIVC® SEP 2 2 2020 r'C M-M HD CITY t^eK 456 WON NORTH CAROLINA PASQNOTANR COUNTY The foregoing or annexed certificates of Trem T. Cooper a Notary Public of Perqulnans County. North Carolina; Lois Foster, a Notary Public of Pasquotanh County, North Carolina; Beverly E- Gregory, a Notary Public of Psaquotank County, North Camlioa; Joyce E. Nrda, a Notary Public of Florida at Large and Susan R. Area trong, a Notary Public of Pasquotank County, North Carolina, are certified to be correct. This the 26U day of Jaw 1985. Rafta r ofd. BY; Vapeapimatfusputy Filed for ree tr.ti.a th. ecpi^� dey of /// 1985. at La=15(>.M. and registered on the dZik say o 1995. t4J ,Register of totdo Byi ,Lbpety -b- Received DdM-EC I RECEIVED I SEP 2 2 2020 DCM-MHD CITY Received i Oldham Shoreline Project Rebellion Point Road Elizabeth City, NC 27909 DCM-EC Photos showing current bulkhead at Anita Oldham property, including broken or deteriorated wood bulkhead, broken and fallen concrete bulkhead fill, under -wash of concrete, erosion of shoreline, wetland foliage growth along shore. Elliott Consulting May 1, 2020 RECEIVED SEP 22 2020 DCM-MHD CITY i her � � ,,��• i Received JUN 10 2M DCM-EC RECEIVED SEP 22 2020 DCM-MHD CITY ;►� 4 ♦ f 44 f Received: JUN 1 o its DCM-EC RECEIVED SEP 2 2 2020 �)CM-IVHD CITY 3 cr�g Location Map Anita Oldham Shoreline Project Elizabeth City, NC (Weeksville) X m n m m 0 Received JUN 1 ^ 2220 a O s NATIONAL GEOGRAPHIC 76- 10' Weeksville, NC 9' Received "+ USGS JQ $iriF._. O R•rW u / �C d a pG ! l _ / JY L (III) -'� •,�' j / � ' • / .. : .. {hope[ � .. .. en ee y ` ' pom " If \ Il. CGrn=r i W I ay i- F_ Oldham Shoreline Pro'ect Site 'Mill P.1n, _ l E� ALBEMMRLE SO ND 397000 mf 76•AW 0 .. 2000 9000 MIEIV ,5 n NIl.ONFllgA ] NAOB]/WGGN UTM Zeno l• MILES...... MEDIA 1000 SEP 2 2 2020 FuldFam Shoreline Topo Map Page 1 of 2 DCM—MHD CITY Received I K Stevenson Point, NC n ' 76.11' 194 >,. 16' +II'„ IL- 397ERE G v 7!• • p t — o ER n a � ` a Oldham Shoreline Project Site • 1\ . Int n / 1 1 I i � l 11 1 • / 1 � Y • 11 O n S 11 b / 1 / 1 1 VA V\O __ � V m 96 76•6' 397606me 76-VW 1000 a000 56m 1 .5 0 plpT 1 NAM/WG594 WM 7YM 16 NIIIS '��1t! p MElER9 1G00 Oldham Shoreline Topo Map SEP 2 2 2020 �. Page 2 of 2 I)CM.MHD CITY DCM Coordinator: Greg Bodnar Distributed VesM No ❑ Applicant: Anita Small Oldham Distribution Date: 9/22/2020 AGENCY ECRO Shelley Cox Community Development/LPO DCM Planner Charlan Owens Eliz city US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort Carteret craven, ElizciM Pamlico, Washington) Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries James Harrison NC DOT David Harris Shellfish Sanitation Shannon Jenkins Sharon Gupton Tim Walton Mike Moser Wanda Hillard State Property DEMLR/DWR: Sheri Montalvo Samir Dumpor Roger Thorpe Chris Pul linger DEMLR } Sediment & Erosion- Storm water- DWR 401- WRC Maria Dunn (WARD) National Heritage Program Rodney Butler RECEIVED SEP 2 2 2020 DCM-MHD CPR( C:\Users\enigodfrey\Docuinents\Major Permits\Oldham\Maj Comment Distribution Sheet -Anita Oldham.docx Revised: 6/29/2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director September 22, 2020 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 26557 Fax: 252-247-3330 (Courier04-16-33) gregg bodnarCaricdenr gov SUBJECT: CAMA/Dredge Fill & Application Review Applicant: Anita Small Oldham Project Location: 0000 Rebellion Point Road in Pasquotank County Proposed Project: Install a riprap sill for wetland protection adjacent to the Albemarle Sound Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Grew Bodnar at the address above by October 13, 2020. If you have any questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE RECEIVED DQ� py SEP 22 2020 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-MHD CITY Y Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.264.3901 —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11NV2012) as complete" in SITE DESCRIPTION(PERMIT INFORMATION PNA: ❑Yes No Photos Taken: Yes No❑ Setback Required (riparian): Yes No Critical Habttat.' Yes No ❑Not Sure 15 foot waiver obtained. Yes No Hazard Noti(cation Retumed: []Yes ®No SA ❑Yes No Not Suns Shell bottom: yes No Not Suns Temporary Impacts Yes No Sandbags: Yes No Not Sure Did the land use daswflcahon come Irom Mitigation Required (optional): countyLUP: ®Yes ❑No ❑Yes ®No Moratorium Conditions: []yes ❑No Environmental Assessment Done: ®NA []Yes ❑No ®NA SCWRUART WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) "0 r W nw nerAc 1 to (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswat (Sa/tcomta sp.) wetlands) ® (CJ) Saw grass (Cladtum jamaicense) ❑ (SA) Salt marsh cordgrsss (Spariina (SY) Salt reed grass (Sparfina attemilbm) cynosuroides) (DS) Salt or spike grass (Disfichlts (SC) bullrush or three square (Scirpus (TV) Cattail (Typho sp.) spicats) SO (JR) black needlerush (Juncus ® (SP) SaMmeaciow grass (Sparhna memerianus) patens) APPLICATION FEE No feerequired - $0.00 lll(A) Private W D&F up to 1 acre; 3490 can be applied - $250 ® Ill(D) Priv. public or canon w(D&F to 1 acre; 3490 can't be applied - $400 Minor Modificationto a CAMA Major Major Modification to a CAMA Mapr ❑ IV Any devebpment tnvolmg D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 III(b) Public orcommercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request- Il. Public orcommemiaUno dredge $100 and/or fill - $400 ® I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w rD&F to 1 acre; 3490 can be applied; OCM needs DWO agreement - $400 VLI YY LVLV 252-808-2808 :t 1.8884RCOAST :: www_nccomstalmartagemenl. meC DOMM491crN NC Division of Coastal Mqt. Applicatiorq Corripttter Sheet, page 2 of Applicant Anita Small Oldham Date: September 18, 2020 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in yourActivilies code sheet. TYPE REPLACE Activity Nam® Number Choose one Choose One Dimension 1 Dimension 2 Dimerfabn 3 Dimension Breakwater 1 Main 440br/ Replete 1010 ft 12 ft Maint ❑ ❑ Y ® N Breakwater 1 ^mow wok RWpla� 150 ft 8 ft Maint ❑ ❑ Y ® N Fill General 1 New wok [aReplacre 16 ft 30 ft 1.5 ft Maint ❑ ❑ Y ®N New Work Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ET Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Repleoe Maint ❑ ❑ Y [IN New Work Replace Maim ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Wotk Replace Main(❑ ❑ Y ❑ N New Work Replace Writ ❑ ❑ Y ❑ N New Work EF fWp-lace Maint ❑ ❑ Y ❑ N New Work Replete Maint ❑ ❑ Y ❑ N New Work ❑ Repace Maint ❑ ❑ Y ❑ N New Work ❑ — Rep—lace--Maint❑ ❑Y❑N ECEIVED SEP 22 2020 DcnYt'f MMIffV NC Division of Coastal Mgt. Application C=QMPuter Sheet, page 3 of 3, Applicant: Anita Small Oldham Date: September 18, 2020 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft. FINAL 4 Ft TOTAL Feet F(AntINAL Feet (Applied for (Anticipated final (Applied for cipated renal Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any antiapated restoration any anticipated resforabon and/or restoration or and/or temp restoration or temp impact Shallow Bottom Dredge ❑ Fill ® Both ❑ Other ❑ tam El is 13,320 sqft ct amoun 13,320 sgft tam im cts amount High Ground Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 485 sgft 485 sqR Wedge ❑ FIB ❑ Both ❑ Other ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ FBl ❑ Both ❑ Other ❑ Dredge ❑ FBI ❑ Both ❑ Other ❑ Dredge ❑ Fri ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Wedge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FBI ❑ Both ❑ Other ❑ Dredge ❑ FBI ❑ Both ❑ Other ❑ Dredge ❑ FBI ❑ Both ❑ Other ❑ RECEIVED SEP 2 2 2020 DCM-MHD CITY 252-808-2808 :; 1-888.401COAST :: www.ncr-oexW"pasomen#.net revised: Nov. 2012 •"Tyw ... s.W...�yni....� MAJOR PERMIT FEE MATRIX Applicant: f}8lL1a Q0JN14MI Selection Development Type Fee DCM % (143001601 4351000931625 6253) DWO % (2430o 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100%($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: El Major Modification to a $250 100% ($250) 0% ($0) CAMA Major ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: El III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: ❑ III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be a lied: El III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or Irfe: f General Water Certification No. $40060%($240) 40% 160 ($ ) 4aouatic see attached) cannot lie development that the filling and/or $475 60%($285)ECE)VE 40% 190s ation of more than one acre of wetlands and/or I III open water areas: SFP 2 2 9n9n DCM-MHD CITY— NC Division of Coastal Management 10 613 �B n Cashier's Official Receipt Date: I. n e Q, 20 20 Received From: A n "i a 0 I rA'a xn $ 40o. o' Permit No.: mA ;cr �e ryr� oe x7pl (e tlZsn Check No.: g' Applicant's Name: An Al\r•.yr County: IS4r.,,+—y— Project Address: 0c,.: �e'T, LI ii 10-Y, 1 i`^V M Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: �e'2 �L k Date: Signature of Field Representative: � Date: E�r7 1Zr, RECEIVED SEP 22 2020 OCM-MH0 CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01239 County: Pa ilumank County U.S.G.S. Quad: Stevmaon Polar NOTIFICATION OF JURISDICTIONAL DETERMINATIONIN Received ,, , j Property Owner/Applicant: .Received Pro a Owner/A hcant: Anita S. Oldham 704 Angelica Circle Address: Cary, NC 27518 IUL ? IG%8 Telephone Number: (919) 906-4593 Size (acres) 1.35 Nearest Town Elizabeth City Nearest Waterway Albemarle Sound River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude: 36.123986 Longitude:-76.167889 Location description: Property is located at 00 Rebellion Point Road, Elizabeth City, Pasquotank County, North Carolina. This property is a combination of forested, agricultural, and undeveloped residential land. The only portion of the property that was reviewed is 1.35 acres directly adjacent to the Albemarle Sound a Traditional Navigable Water. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made an the basis of a preliminary JD will neat all waters and wetlands that would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There arc wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not he used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish This wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. 4ECEIVED.. Page 1 of 2 SEP 22 2020 DCM-MHD CITY SAW-201"1239 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requiremenis of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement of dredged or fill material within water; of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or IO of the Rivers and Harbors Act (33 USC § 401 and/or 403), If you have any questions regarding this determination and/or the Corps regulatory program, please contact Krvstvuka Stv¢ar at 910-2514019 or Krvstvoka.B.Styear(a),usace.armv. mil. C. Basis For Determination: The review area exhibits both wetland criteria as described in the 1987 Corps Wetland D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attu: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by NA. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. oswiy,N-MW STYGAR.KRYSTYNKA.B mcnararmaw DrNMa.n tTHANIE14086MA30 w°0so,cmnrz3rno�vr ej�j�iVt� Corps Regulatory Official: Received Date: July 17.2019 Expiration Date: NA RECEIVED .t,r 2 �11; SEP 22 2020 DMELI. DCWMHD CITY SAW-201"1239 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httn://corosmayu.usace.army.mil/cm apex/Pt)=136:4:0. Copy Furnished: Ken Elliott PO Box 112 Aydlett, NC 27916 13 Aeceived- V? i,-.l "'CM -EC RECEIVED SEP 2 2 2020 DCM-MHD CITY - SAW-2019-01239 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Anita Oldham File Number: SAW-2019-01239 Date: July 17, 2019 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information maybe found at ht_pt //www usace armv mil/Missions/CivilWorks/RegulatorvProeramandPermits asp or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section ll of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the daft of this notice. �eGe iv?'( RECEIVED SEP 2 2 2020 DCM..MHD CITY E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. U - REOUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. I POINT OF CONTACT FOR OUESTIONS OR INFORMATION: - 1 if you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Krystynks Stygar 2407 West 5 ° Street Washington, NC 27889 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site invcsti ation, and will have the o or to artici ate in all site investi ations. n�,,. Telenhone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka Stygaq 2407 West 511 Street, Washington, NC 27889 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone:(404) 562-5137 iAcelveq DECEIVED SEP 2 2 2020 AGM -EC nCM-MHD CITY PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: July 17, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Oldham, Anita, 704 Angelica Circle, Cary, NC 27518 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Oldham Anita/Pasquotank/PJD, SAW-2019- 01239 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Pasquotank County City: Elizabeth City Center coordinates of site (lat/long in degree decimal format): Lat.: 36,123986' Long.:-76.167889' Universal Transverse Mercator: Name of nearest waterbody: Albemarle Sound E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): July 16, 2017 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404 Wl 36.123838 -76.168379 428 SQ FT WETLAND 404 W2 36.124000 -76.166800 0.634 ACRE WETLAND 404/10 Received RECEIVED SEP 222020 DMEC e � —,OAHD CITY 1) The Corps of Engineers believes that there may bejurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AID) for that review area based on an informed decision after having discussed the various types of JI)s and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PID; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PID constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: Received JUL 2 7 ' + RECEIVED D M-EC SEP 2 2 2020 DCM-MHD CITY SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Ken Elliott for Anita Oldham ❑ Data sheets prepared/submitted by or on behalf of the PID requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concurwith data sheets/delineation report. Rationale: ® Data sheets prepared by the CorpsJULY 16, 2019 by Krysta Swig ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Earth Point Togo Mai). July 2019 ® Natural Resources Conservation Service Soil Survey. Citation: Gooele Earth Soil Mapper Survey July 2019 ® National wetlands inventorymap(s). Citename: USACE Viewer: NWIMapper Laver July 2019 ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Google Earth Pro 2019 2018 .2002 or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): Site Visit Conducted July 16, 2019 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. D qWy signed by STYGAR.KRYSTYNKA.B SfYGAKKPYSIMABETHANU ETHANIE.1408680430 401680030 Date: ]019.0].1 ] 09:09]]-0PoO' Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timefremes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. RECEIVED Received Jul 9 SEp 2 2 2020 �^ i�k��.AHD CITY-Jul_�Es o Received U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01239 County: Pasauotank County U.S.G.S. Quad: Stevenson PointD� �`^'F NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant Anita S. Oldham 704 Angelica Circle Address: Cary, NC 2751 R Telephone Number: (919) 906-4593 Size (acres) 1.35 Ncarest Town Elizabeth City Nearest Waterway Albemarle Sound River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude: 36.123986 Longitude:-76.167889 Location description: Property is located at 00 Rebellion Point Road, Elizabeth City, Pasquotank County, North Carolina. This property is a combination of forested, agricultural, and undeveloped residential land. The only portion of the property that was reviewed is 1.35 acres directly adjacent to the Albemarle Sound a Traditional Navigable Water. Indicate NNhich of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this prelintnaryjurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes ol*computation of impacts, compensatory mitigation requirements, and otter resource protection measures, a permit decision made on the basis of a preliminary 1D will treat all waters and wetlands that would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under die Rebnhlatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to supportan enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There arc waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations. this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wedand delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page I of 2 RECEIVED SEP 22 2020 Received SAW-2019 O1239 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has riLfied. by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be re to verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact KrvstYnka Stvear at 910-2514619 or Krvstvnka.B.Stvear(4usaee.armv.mil. C. Basis For Determination: The review area exhibits both wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coast Regional Supplement as well as portions of the review area exhibiting an Ordinary High Water Mark (OHWM) and is directly abutting the Albemarle Sound a TNW. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) if you object to this determination, you tray request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room I OM 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by NA. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. o .11,.1 abr STYGAR.KRYSTYNKA.B srvcsxxms*v BFTHssa14 EIHANIE.1408680430 perm oornimva4m Corps Regulatory Official: _ - Date: July 17, 2019 Expiration Date: NA RECEIVED SEP 2 2 2020 DCM-MHD CITY SAW-2019-01239 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httD://corr)smar)u.usace.anny.mil/cm apex/ ?P-136:4:0. Copy Famished: Ken Elliott PO Box 112 Aydlett, NC 27916 Received DCM-EC ;RECEIVED SEP 22 2020 DCM-MHD CITY ._ .. .+. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS " A Applicant: Atdu Oldham File Number: SAW-20 99-01239 Date: July 17, 2019 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission A PROFFERED PERMIT Standard Permit or Letter of permission B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above. decision. Additional information may be found at http /,,ivww.usacc.annv miliMissions/CivilWorkdRceulatorvProetamandPerbrit,' asp. or Corps regulations at 33 CFR Part 331. - A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must he received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: if you choose to decline the proffered permit (Standard or LOP) because of certain terns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section n of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by ,the division engineer within 60 days of the date of this notice. DECEIVED SEP 2 2 2020 DCM-MHD CITY Received E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to o s P or regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may requ t vd JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION IT - RF ITEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT' _ REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Krystynka Stygar 2407 West 56 Street Washington, NC 27889 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation and will have the opportunity to participate in all site investigations. ,,participate Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Krystynka Stygar, 2407 West 51h Street, Washington, NC 27889 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED SEP 212 2020 DCM-MHD CITY PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: July 17, 2019 Received LJMEC B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Oldham, Anita, 704 Angelica Circle, Cary, NC 27518 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Oldham,Anita/Pasquotank/PJD, SAW-2019- 01239 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Pasquotank County City: Elizabeth City Center coordinates of site (lat/long in degree decimal format): Lat.: 36.123986" Long.:-76.16788T Universal Transverse Mercator: Name of nearest waterbody: Albemarle Sound E. REVIEW PERFORMED FORSITE EVALUATION(CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): July 16. 2017 TABLE OFAQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource -may be" subject (i.e., Section 404 or Section 10/404) WI 36.123838 -76.168378 428 SQ Fr WETLAND 404 W2 36.124000 -76.166900 0.634ACRE WETLAND 404/10 RECEIVED F P 2 2 2020 v!aO D CITY 1) The Corps of Engineers believes that there may bejurisdictional aquatic resources in the DMEC review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AID) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD; which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AID constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terns and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during aft administrative appeal, it becomes appropriate to make an official determination whether geographicjurisdiction exists over aquatic resources in the review area, or to provide an official delineation ofjurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may he" waters of the U.S. and/or that there "nray be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: RECEIVED SEP 212 2020 DCM-MHD CITY Received DCM-EC SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Ken Elliott for Anita Oldham ❑ Data sheets prepared/submitted by or on behalf of the PJD requester. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets delineation report. Rationale:- 0 Data sheets prepared by the Corps:JULY 16 2019 by Krvsta Stvear ❑ Corps navigable walers'study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Furth Point Toi Mao July 2019 to Natural Resources Conservation Service Soil Survey. Citation: Goode Earth Soil Mapper Survey July 2019 ®National wetlands inventory mapli Cite name: USACE Viewer: NWIMapper Laver July 2019 ❑ State local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Google Earth Pro 2019 2018.2009 or []Other (Name & Date): ❑ Previous determination(s). File no. and date of response Ictter: ® Other information (please specify): Site Visit Conducted July 16. 2019 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by 5TYGAR.KRYSTYNKA.B sTYGM.ImYSTYNIASETHMIE1 ETHANIE.1408MG430 wa za 9oy.ayoaae:n aava Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester dues not respond within the established time flame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ,' 4ECEIVED SEP 22 2020 aCWIMHD CITY i : I �S• qFC�/NF Q / P IR CULTIVATED FIELD MIXTURE OFWOODS � Wt AND OPEN LAND / pas -- '','r+`t/ ..'• � �_ _ I U ✓ECTgRFgqCNF. �``' w_�iIM O NEW ppEOFFI LD CON �� C�css f DISTURBANCE- +� -t -�_-� _— - '- _ PER SgW72KEDA3 -- gp, 04 MF�? PROJE TAREA'••., STAGING AREA FOR �T i� - - - EQUIPMENT AND SUPPLIES , �- f8. STARTSIIERE t 0.42ACRES e % 2 THIS AREA TO BE COVERED BY TEMP LOG MATS B5FORE _ BARE _ - - -CONSTRUCTION - -- Sol _-........���. P�Q�yEa 1 1 t NEB- ESCARPMENT 2 I ✓ SG ,: D <..... BROKEN 2 ......... E;E 1,: BROKEN _} I - _ • 1 CONCRETE I i � •••. . EXISTING BR ....."""'. • 7 AREA MARKED AS 404 WETLANDS ! OKEN WOOD BULKFilq" j I PER`SAW-2019•W2 �i i .�� D'.....zs.......... 7 OkMin A. FJOO_071719 7 ie...................2.5 UNDISTURBED 25 1 4 t 1 `'~P• EXISTING BROKEN BULKHEAD i j _'< 1050 FT LONG 0P Legend ENS 2 5 Existing Broken Concrete Slab PRP� Coastal Welland Foliage ESQ' 404 Wetland Foliage 4 Welland Foliage 2.5 NFL �p0 6VLKV�Po •• Mixture of Coastad nitif d Wetl ds Edge epths 25 1 gfzON5 ALBEMARLE SOUND Equipment Staging Area - - -- .0 NO 2s ANITA S. OLDHAM - APPLICANT 704 ANGELICA CIRCLE CARY, NC 27518 MAP BY ELLIOTT CONSULTING MAY 1, 2020 REVISED FEB 17, 2D21 SCALE: i INCH - 50 FEET WATER DEPTHS BELOW NWL MARKED IN BLUE PRE -CONSTRUCTION VIEW OLDHAM SHORELINE PROJECT CAMA MAJOR PERMIT APPLICATION 0000 REBELLION POINT ROAD ELIZABETH CITY, NC 27909 PASQUOTANK COUNTY 50 D 25 50 1D0 (IN FEET) 1 inch - so It RECEIVED F E B 1 7 2021 Il SECTION MHD NOTE: THIS MAP IS NOT CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. 2 PROJECTAR PAGE 1 OF 2 �S'q FD L!A'F CA44r. � P�✓E � </NF CT9 RFa NST/ ACCLcss CO RFT�NG Re��M FiyT CULTIVATED FIELD �` =� _►_ _ ,_ FIELD EDGE %`` iP bfi Dl1�URgylvcE- _� STAGING AREA FOR PROJE TARFA EQUIPMENT 8 SUPPLIES ' STARTSWERE 0.42ACRES % 100 5F AREA TO BE FILLED `wryP,�o, LANDWAROOFNWL55CS ' BARE Sol rvwL I 1 / 1 I AREA MARKED AS 404 WETLANDS i ! 1 i PER SAW-201"1239 ' ! 1 i Oldham —A. PJD_071719 ' ! , j UNDISTURBED �' ! I 1 ' 1 1 '- 1 OUTER RIPRAP SILL •1' 12' WIDE AT BASE 11SEGMENTS +96 LONG EACH ANITA S. OLDHAM -APPLICANT 704 ANGELICA CIRCLE CARY, NC 27518 SCALE: 1 INCH ® 50 FEET WATER DEPTHS BELOW NWL MARKED IN BLUE REFLECTORS INSTALLED EVERY 50 FT ALONG WATERWARD EDGE OF OUTER SILL INNER RIPRAP SILO WAVEATTENUATOR B' WIDE AT BASE 10 SEGMENTS, +15' LONG EA( OVERLAPS OUTER RIPRAP SEGMENT BY 5' EACH SIDE OF 5' WIDE OPENING to ! r! ! , MIXTURE OF WOODS ! AND OPEN LAND t e1 / PER AW-20 9-KEDD 5'04 WETLq-NDgttIII -ft OMham q-PJD 07171.9 THIS AREA TO BE ! COVERED BY TEMP LOG MATS BEFORE wM CONSTRUCTION ALBEMARLE SOUND NOTE: 11 SEGMENTS OUTER CONCRETE RIPRAP SILL TO BE CONSTRUCTED WATERWARD OF NWL. 95-100 FT LONG BY 12 FT WIDE WITH 5 FT WIDE GAP BETWEEN SEGMENTS. 10 SEGMENTS INNER CONCRETE RIPRAP SILL TO BE CONSTRUCTED LANDWARD OF OUTER SILL, 15 FT LONG BY B FT WIDE WITH 5 FT OVERLAP OF SEGMENTS AND 5 FT WIDE GAP BETWEEN INNER A OUTER SILL SEGMENTS, EXISTING WOODEN BULKHEAD WILL BE REMOVED FOR SILL PLACEMENT. POST -CONSTRUCTION VIEW OLDHAM SHORELINE PROJECT CAMA MAJOR PERMIT APPLICATION MAP BY ELLIOTT CONSULTING MAY 1, 2D20 0000 REBELLION POINT ROAD REVISED FES 17, 2D21 ELIZABETH CITY, NC 27909 PASQUOTANK COUNTY RECEIVED F E B 1 7 2021 Legend Concrete Sill Coastal Wetland Foliage 404 Wetland Foliage Mixture of Coastal & 404 Wetland Foliage Identified Wetlands Edge Reflector O Water Depths 25 Equipment Staging Area ---• 50 0 25 50 100 (IN FEET) 1 inch - 50 R. LIT vLCTION VIHD NOTE: THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. PROJECTAREA ENDS HERE PAGE 2OF2 DCM-MHD CITY PAGE 1 OF 4 N/F I Z WOODS NOEL W b GLADYS MEGGS j n 157 REBELLION PT RD 1 O \ flE5 \ ! \ j DCONC RIVEWAY ! \ RESIDENCE ) BLD6".� iJ OLDHAM �LEXSTING) Gr AT �p� _ _ .� RAMP N j ••, \ \ / BAND\ TREES \ / NwL \ a r•' FIBERGLASS TREES (EXISTING) NWL PIER ANITA S. OLDHAM -APPLICANT 2764 MILLSROOK DRIVE GREENVILLE, NC 27858 MAP BY ELLIOTT CONSULTING JULY 21. 2020 SCALE 1 INCH • IN FEET CULTIVATED FIELD NF ANITA S OLDHAM 00W REBELLION PT RD EwsnNG POND EXISTING POND GRASS a SCRUB SHRUBS RAMP TREES \ ` \ \ .: V/ / TREES FyInY4� / ` Fl/9yo \ WOODS / TREES \ A. \ 5UAW / OLDHAM PIER 'F (E)ISTING) 290 FT LONG AND PLATFORM POST -CONSTRUCTION VIEW OLDHAM SHORELINE PROJECT CAMA MAJOR PERMIT APPLICATION 0000 REBELLION POINT ROAD EuueETN CRY, NC 27" PASOUOTANK COUNTY PROJECT •!� 1 / ,..: '• � _ _ .� — _ — / ,C AREA t•••.• / ��•T V STMT I I '•• / :'•3V yprgpsO�CTC� `r.....�w�...w� — TREES 1••'•.. �,........... / (r.. �........:' ~....... — — _ _ 'TREES 1 •' OUTER RIPRAP SILL rf4REEIS / I TREES/ 'rf' I ALBEMARLE SOUND Legend �L�'..... CURRENT EBB —0 Riprap Sill CURRENT FLOW t-- Normal Water Line INNER RIPRAP SILL I Embankment Edge WAVE ATTENUATOR Existing Bulkhead — TGO Setbacks — — THIS MAP IS NOTA CERTIFIED ILi Full Growth Foliage (Trees) o SURVEYAND HAS NOT BEEN REVIEWED BYALOCALGOVERNMENTAGENCYFOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. PROJECT -AREA rRa WOODS t"Z NIF .� C H ROBINSON ETAL 10 cm HARRY JOHN ROBINSON 2 D M-EC 0 so (I� TInch • f00 R. ND t SEP 22 PAGE 3 OF 4 �Sq FC<iryF n�✓F BOA\ rqR COry ��ST/ry �gOC6s FTF p 2.5 2.5 FIR, i 2 CULTIVATED FIELD ► ► LIMIT Op 01S URBgNCE ► ► PORTION OF CULTIVATED FIELD TO PROJECTAREA BE USED AS STAGING AREA FOR / �. STARTS HERE EQUIPMENTAND SUPPLIES �G 15P r� l l 1 W I AREA MARKED AS 404 WETLANDS I PER SAW-2019-01239 Oldham -A. PJD_071%19' THIS AREA TO BE COVERED BY TEMP I LOG MATS BEFORE CONSTRUCTION 3CS l t l, ANITA S. OLDHAM - APPLICANT 2764 MILLBROOK DRIVE GREENVILLE, NC 27858 MAP BY ELLIOTT ON LTI� JULY 21, SCALE: i INCH = 50 FEET WATER DEPTHS BELOW NWL MARKED IN BLUE BARE y 2.5 EXISTING BROKEN BULKHEAD 1050 FT LONG MIXTURE OF WOODS AND OPEN LAND 2� v W Q n .000 ' 2 FQ U � ► ► _ PER SA W-20 gp123901d404I"L AE` N 071710 THISAREATOBE ► .00 ALBEMARLE SOUND PRE -CONSTRUCTION VIEW OLDHAM SHORELINE PROJECT CAMA MAJOR PERMIT APPLICATION 0000 REBELLION POINT ROAD ELIZABETH CITY, NC 27909 PASQUOTANK COUNTY COVERED BY TEMP LOG MATS BEFORE CONSTRUCTION lial<EN WOOb�gt1LKH�'AU'.•. •.2.5....• PA6j Legend Edsting Broken Concrete Slab Coastal Wetland Foliage 404 Wetland Foliage Ai Mixture o/ Coastal S 404 Welland Foliage Identified WellarMs Edge Water Depths 2.5 50 0 25 50 100 (IN FEET) 1 inch - 50 rt. ENDS Received JIIL 21 7191 Ps°MEG NOTE: THIS MAP IS NOT CERTIFIED RECEIVED SURVEY AND HAS NOT BEEN REVIEWED r BY LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE SEP 22 2020 LAND DEVELOPMENT REGULATIONS. IDCM-MHD CITY PAGE 2OF4 �Is A FOc1NF ib. '� a� JFC�- Cot,C kiST� gRFggCCFss RFrFNG RF��•� MFNT STARTS HERE iz CULTIVATED FIELD LIMIT' DISTURBANCE + PORTION OF CULTIVATED FIELD TO .� BE USED AS STAGING AREA FOR EQUIPMENT AND SUPPLIES 485 SF AREA TO BE FILLED f1,G 2I CY LANDWARD OF NWL �5 P / 1 �♦ 1 � 1 NWL I AREA MARKEDAS 4D4 WETLANDS "1 1 PER SAW-2019-01239 Oldham -A. PJD_071719' THIS AREA TO BE COVERED BY TEMP r LOG MATS BEFORE CIS' ,1z CONSTRUCTION 1 ' 1 ff Ey° O. ,tr. , i k BARE e nm _ I MIXTURE OF WOODS 2 3 AND OPEN LAND U ' • gRF_2 K&' -S PER SA W' 19-0112339A0lyham ATP 071710 .- _ _ _ - - --1----- THIS AREA TO BE COVERED BY TEMP LOG MATS BEFORE CONSTRUCTION SGP�Y --- - Me `�_ N1'1'<°cARPIuFNT S' e o� -- �_ '= ___g5•. _______-_�I� Qa 'O INNER RIPRAP SILU V Q------ ' WAVE ATTENUATOR (.� 8'WIDE AT BASE O - 10 SEGMENTS, +15' LONG EAC Q OVERLAPS OUTER RIPRAP SEGMENT BY 5' EACH SIDE OF 5' WIDE OPENING -` �UTER RIPRAP SILL 12' W IDE AT BASE P��NZ 2'O 11 SEGMENTS µ t95' LONG EACH 2:5 � ,. O— _ REFLECTORS INSTALLED EVERY SOFT ALONG WATERWARD EDGE OF OUTER SILL ALBEMARLE SOUND Legend ConcretE Sill Coastal Wetland Forage 404 Wetland Foliage Mixture of Coastal & 404 Wetland Foliage Identified Wetlands Edge Reflector NOTE: Water Depths 11 SEGMENTS OUTER CONCRETE RIPRAP SILL TO BE CONSTRUCTED WATERWARD OF NWL, 95-100 FT LONG BY 12 FT WIDE WITH 5 FT WIDE GAP BETWEEN SEGMENTS. 10 SEGMENTS INNER CONCRETE RIPRAP SILL TO BE CONSTRUCTED LANDWARD OF OUTER SILL, 15 FT LONG BY 8 FT WIDE WITH 5 FT OVERLAP OF SEGMENTS AND 5 FT WIDE GAP BETWEEN INNER & OUTER SILL SEGMENTS. EXISTING WOODEN BULKHEAD WILL BE REMOVED FOR SILL PLACEMENT ANITA S. OLDHAM - APPLICANT SCALE; 1 INCH = 50 FEET POST -CONSTRUCTION VIEW 2764 MILLBROOK DRIVE OLDHAM SHORELINE PROJECT GREENVILLE, INC 27858 WATER DEPTHS BELOW NWL MARKED IN BLUE CAMA MAJOR PERMIT APPLICATION MAP BY ELLIOTT CONSULTING JULY21, 2020 -' 0000 REBELLION POINT ROAD REVISED SEPT 15. 2020 ELIZABETH CITY, NC 27909 ®j PASQUOTANK COUNTY O 2.5 50 0 25 50 100 ON FEET) i Iran - 60Ir NOTE. THIS MAP IS NOTA CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. PROJECTARE ENDS HERE C Received SEP 2 2 2020 DCM-MHD PAGE 4OF4