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Home My WebLink About74-96 Ricks, WilliamPermit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environmerit; Fiealtli & Natural Resources '%- Coastal -Resources Commission pxn it jN forte} a X Major Deve p ent in an Area of Envtionmental Concern pursu GS 113A-118."=- X Excava o and/ g rsuant to NCGS 113-229 Issued to authorizing development in Hertford N./ lu .. , -1- -I - This permit, issued on s1//S`/9� is subjj� to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) In order to minimize impacts to high quality wildlife habitat, the proposed bulkhead shall be positioned no more than an average of 2 feet waterward of the toe of the riverbank. 2) The alignment of the proposed bulkhead must be staked 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 co will require the alignment to be restaked by DCM within a maximum of 30 day expected start of construction. _ r I[ n n MpY �� 1996 COPS�AL j attached sheet for Additional Conditions) ��AFa4GEFAEN This permilLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December 31,1999 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 Secret Chairman of the Coastal Resources the 7,;i R99ftN. Scheeler, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Perrnittee Permit Class NEW . STATE Department of Env X Major Devi pursuant to X Excavation and/or Issued to Resources Concern Qunhi v,o�a.� to NCGS 113-229 Permit Number 74-96 authorizing development in P2rgU.1ma115' County at per =nimans River New Nose 'Areea, SR � 121 rd y Creek R ond) as requested in the permittee's application dated 3/4/96 including attached workplan drawings 2 dated received 3/4/96 and 1 dated /1 /96 This permit, issued on to 9 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) In- order to minimize impacts to high quality wildlife habitat, the proposed bulkhead shall be positioned no more than an average of 2 feet waterward of the toe of the riverbank. 2) The alignment of the proposed bulkhead must be staked 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, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. for This permiLaction may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 furtherDepartmental approval. Ali work must cease when the permit expires on December 31,1999 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 DEHNR and the Chairman of the Coastal Resources Commission. you R . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Perrnittee William E. Ricks ADDITIONAL CONDITIONS Permit #74-96 Page 2 of 2 3) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or othexsuitable_materials approved by department personnel. No excavation is permitted except for that which maybe regntred-for the construction of -the -bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5) The bulkhead must be constructed prior to any backfilling activities. 6) All backfill material shall be obtained from a highground source and confined landward of the permitted bulkhead. 7) The fill material shall be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris shall not be used. Genera 8) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. 9) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. NOTE: The N.C. Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action ID No. 199601497. ,Form'DCM-MP-1 APPLICATION REC II'I:n - MAR 0 4 1996 (To be completed by all applicants) 1. -`APPLICANT a. -_Landowner: Name W1 Ili 4 t 121C�G5 Address P-auTE 3 gox fo I b :. City O E itT F U Rif State n! C - �TM - Zip 37 Q 44 �y Phone a(�4-4511 x Wic Pnd\Sfi 335-/o1D-1 b. Authorized Agent: Name Address City _ Zip Fax State Day Phone c. _ Project name (if any) N07E. Perndr will be issued in name of tosdowner ' and/or projed name. . 2. LOCATION OF PROPOSED PROJECT a. County Pee_ uiMAA5 CtJL111Ty b. City, town, community or landmark UE RTrQ UI C. Strevddrvss or secondary road number _ d. ` Is proposed work within city limits or planning .-.. _.._jurisdiction? ----Yes - k No e. Name of body of water nearest ppr ject (e.gg. river, -_- creek, sound, bay) - PCRL+iUIMAQS A&- k- 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. _ List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. BULK HEU :— R&ftV_ = i LL. b. Is the proposed activity maintenance of an existing project, new work, or both? c. Will the project be for public, private or commercial use? Mt/ATE d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. SIiDPCL( E 5-FA3Li JkfiM Revised 03/95 Form DCM-MP-1 RECEIVED 4. LAND AND WATER CHARACTERISTICS MAR 0 4 1995 a. Size of entire tract APFU ,ta5' X 100 t b. Size of individual lot(s) NJA c. Approximate elevation of tract above MHW or NWL �l d. Soil type(s) and texture(s) of tract in. Describe existing wastewater treatment facilities. SEPTIL SVEY'CIA n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) o. Describe existing drinking water supply source. %CuurV WAt SyS104. e. Vegetation on tract oajvage f. Man-made features now on tract OEc Ic Lu.l EZ PORTION oc AILEA S. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (Consult the /ood land we plan.) following items must be submitted: Conservation Transitional Developed Community A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. if the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? Yes i/ No (Anach zoning compliance een;ficate, if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes x No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes Y No 1. Are there wetlands on the site? �L Yes —No Coastal (marsh) _ _ Other If yes, has a delineation been conducted? (Attach docunen=don, if available) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name GEbRGE f. EURE Address R7"3 SOV-61L. 14ER.YFOR1b, Nc Phone a14- a64-a551 Name G6A4.L D Ps . RoTR 1G 14AM Address 35S C-RAWI:026 pvwq Phone P0RT5M13UTl1, VA. a31D4 Name Address Phone • A list or previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Nip, • A check for $250 made payable to the Department of Environment, Health, and Natural Resources . (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. MAR 0 4 1996 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the '� day of �¢'tL . 19�. Print Name (N 11(1ArA E -RickS Signature S_')s6' _ Tg,rg tadowner or Twhafizd Agent Please indicate attachments pertaining to your proposed project. x- DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM W-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Leneth Width Depth Depth m.y... 4Y°ahlaS'.�ro<v':� Y a�� RECEIVED MAR 0 4 1996 L' EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 0 b. Type of material to be excavated < /A c. Does the area to be excavated include coastal Jf wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? — Yes _ No d. Highground excavation in cubic yards 0IA 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area d I A b. Dimensions of disposal area rJ llk c. Do you claim title to disposal area? 'II Yes , . No N1 If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes l— No If yes, where? N ] A Revised 03/95 RECFn1-^ Form DCM-MP-2 W1R R 4 1996 14AR P e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? J Yes No f. Does the disposal include any area j a e water? Yes No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization ✓ Bulkhead Riprap b. Length DO r c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months / F'oo LI (Source of informadon) e965ePL'A-Ffo;U L Type of bulkhead or rprap materialyJD0D g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material Swim i TOPSOIL. i. Source of fill material Cor MERC-ML SUP P,ICP-S (GPlnv(J Soagee) 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? J Yes No If yes, (1) Amount of material toe placed in the water (2) Dimensions of fill area (3) Purpose of fill BACK FlLl_ b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? ./ Yes No If yes, (1) Dimensions of fill area APPRNX d!�X IOD� • (2) Purpose of fill STA Si �.i 1E S t o+ E i i 11c 5. GENERAL a. 1� C. How will excavated or fill material be kept on site and erosion controlled? 9t jKt-1gAD What type of construction ment will be used (for example, dragline, ackhoe or hydraulic dredge)? Will wetlands be cr:,ssed in transporting equipment to project site? —Yes ✓ No If yes, explain steps that will be taken to lessen environmental impacts. � lLt. / l 1 (.�✓� Aplirt or Project Name Signature l46 Date Revised 03195 6 PIPE ARC SOU"ARi 91P� hlooaE�J aEcl! P 8ULK4JIEEAbE ' ' P MAWILIL Nor -Lo sca�E P12CPAkCL 6r APDl. A01- pGrc��IFD MpR p 4 1996 ROD PIPE EXIST/f� HOUSE 1 PIPE �Xisri�j � $ter out.0c'9D a' IVWL 5cAlc /"=9D' 0111 rAr+ E. Ricks ,- CAMR MA3DR PER M"T MARC,14 /a, 1994 $RirTINSHAM .-----.--- — L EXIST//J UTILITY SHED EL PIPE - y f:t ��s�5��: �� °RiR 8F1n�x• An/D .APeA aw ^ L%A \ 1 DECKg 0 EXIST' I Boni. o 0 RAMP o o D c.Mess PER QUIMA1\6 R►vER NO RT 0 y Exisn�j PIeR RC55 >se 0 CAP L. S. R. 1321 ( MUDDY CREEK ROAD) 1 320 30' W 254.75' 17' W \ 185.68' ROAD BED \ ROD SURE \ PROPERTY 44' W 39.35' - 48' W 97.53' R/W 60 PIPE 0.7 MILE TO S.R. 13! DO 120 PS UTILITY SHED PIPE_ P05EO BULKHEAD yv-0 RIVER SCALE DECK I aut % \\ } 00, 0 V Pro;rrl I7:I , r. art, if';r that i.s Orr_tvm f r. oj;i r>Y survey It..io of prec :.ion a c ticlila.ted t,hr'.t. th:i; 1<�-)., ir)) dravm in ac-- ii.h the staridar.,13 of nra.ct.i ce for ;i "AtrlC:.ss I'w on Final. )rl rrczmber i-.nd se:a... t1:3.5 /% clay of ONE STORY FRAME HOUSE PIPE ENLAR&EMEAn- OF SoEJtd PReEopmri5 RV CHaRL65 E. RRnc,su w FoIL WrAry e. I RILUE S. RIC.kS, JL)L-4 I-1. q5 �cr�IVAF� LL i,•'Fl Q 4 636 I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF May 29, 1996 Regulatory Branch Action ID No. 199601497 and State Permit No. 74-96 William E. Ricks Route 3, Box 616 Hertford, North Carolina 27944 Dear Mr. Ricks: Reference your application for a Department of the Army (DA) permit to construct a bulkhead and place fill material in wetlands, on property located off State Road 1321, adjacent the Perquimans River, New Hope, Perquimans County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Pro4ect Manager Enclosure Copies Furnished without enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans -and Watersheds -Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker ovision of Coastal Management rth Carolina Department of Environment, VVV Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S_ 17 South Elizabeth City, North Carolina 27909 _. - -T RC- s_ ._ii' ., - _ ' � t•Y-__ -'fit: 11 I L - State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. William E. Ricks Route 3, Box 616 Hertford, NC 27944 Dear Mr. Ricks: ATWMA A ID FE FR May 13, 1996 Perquimans County DEM Project # 960306 You have our approval to place fill material in 767 square feet of wetlands or waters for the purpose of constructing a bulkhead with back fill at SR 1321 on your lot, as you described in your application dated 26 March 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733- 1796. Sincerely, LHoki P.E. C RECEIV€d r. MAC t Attachment iT COASTAL mWiGE164t cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files Doug Huggett; DCM 960306.1tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-17a6 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10 % post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 17,1996 Mr. William E. Ricks Route 3, Box 616e Hertford, NC 27944 Dear Sir:: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, John .Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure wl P.O. Box 27687, 'wFAX 919-733-1495 Raleigh, North Carolina 27611-7687 Nw- C An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50%recyc!ed/10%post-consumer paper DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: William E. Ricks COUNTY: Perquimans LOCATION OF PROJECT: SR 1321 (Muddy Creek Road), New Hope Area, Perquimans River DATE APPLICATION RECEIVED COMPLETE BY FIELD: March 11, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Frank Jennings DI Q ICE: Elizabeth City DISTRICT MANAGER REVIEW: r 3 qCo B) DATE APPLICATION RECEIVED IN EI :MAR �Zgg6 REC'D: $ ?s T' PUBLIC NOTICE REC'D: Eft OF NO DATE: 1l-/7'9L ADJ. RIP. PROP NOTICES REC'D: w 9 D REC'D: APPLICATION ASSIGNED TO: ON: C) 75 T)AV T)FAT)T.TNF.- 7 - y_ y6 150 DAY DEADLINE: MAIL OUT DATE: 7 — — STATE DUE DATE: —�3 FEDERAL DUE DATE: S'- "`4 FED. COMMENTS REC'D: 44-3 U `q PERMIT FINAL ACTION: ISSUE �DENY DRAFT ONE -" y 6 AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management Dist. Office _ f� Div. of Community Assistance d- , Land Quality Section — 'I 00 0 g 'tU-44 Div. of Env. Mana ement `� r y'� S 'L�" / ✓ ✓rr(./ 3oa a-z4 4c State Property Office S-.L-YL �(✓�✓?�` Div. of Archives & History r J. yS —Ct/ Div. of Env. Health Div. of Highways Wildlife Resources Commission N-I,- 5(. Div. of Water Resources 1 - Div. of Marine Fisheries Y State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM: Frank A. Jennings, III IDEHNFR SUBJECT: William E. Ricks Major Permit Application Recommendations DATE: April 2, 1996 I recommend the permit be approved with the following conditions: 0XI 01 [1] The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of construction. [2] The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of thirty (30) days prior to the start of construction. Failure to initiate construction within thirty (30) days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of thirty (30) days prior to the new expected start of construction. [3] The bulkhead must be constructed prior to any backfilling activities. [4] The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. [5] The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles, or other suitable materials approved by Department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. [6] The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 1367 U.S. 17 South. Eltzabeth Ctty, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper ./ John Parker April 2, 1996 Page Two [7] All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. [8] All fill material to be placed below normal water level will be confined behind the permitted bulkhead. [9] No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill area indicated on the workplat(s). State of North Carolina Department of Environment, IMWA Health and Natural Resources &ja Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM: TO: John Parker FROM: Frank A. Jennings, III 14 SUBJECT: William E. P4*s Major Permit Application Consistency DATE: March 27, 1996 The applicant proposes to construct 110 ft. of bulkhead in the estuarine shoreline and backfill 681 square feet of freshwater wetlands. Forty-three feet of the proposed bulkhead is to be located an average of two feet water of an existing bulkhead. This proposal involves the Public Trust, Estuarine Shoreline and Estuarine Waters 0041 Perquimans County's polices for AECs is to place them in the Conservation land class of the County land use plan. In that land class, the County allows all those uses that can be permitted under the existing state, federal and local regulations. No other specific policies apply to the activities contained in this proposal. Based on the above, so long as the proposal is found to satisfy applicable CAMA regulations, it is -consistent with the Perquimans County land use plan. .V k -, REC1N Os1 APRG0�1A� MpNpGEMENS 1367 U.S. 17 South. Eltzabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Parker, Coordinator Major Permits Processing Section Division of Coastal Management, DEHNR FROM: UJL William Wescott, Coastal Coordinator Habitat Conservation Program DATE: April 16, 1996 SUBJECT: CAMA/Dredge and Fill Permit Application for WrHRun Ricks, SR 1321 (Muddy Creek Road), New Hope Area, Perquimans County. Wildlife Resources Commission biologists have completed a review of the project with regards to associated impacts on wildlife and fishery resources in the area. A site visit was conducted on April 11, 1996. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Coastal Area Management Act (G. S. 113A-100 through 113A-128). The applicant proposes to construct a 110 ft. long x 3 ft. high bulkhead. In the shoreline area where the existing bulkhead is located, the applicant proposes to construct the new bulkhead an average of 2 ft. with a maximum of 5 ft. waterward of the normal water level (NWL). In the unprotected wetland area, the applicant proposes to construct his bulkhead an average of 10.2 ft. waterward of the riverbank and to backfill the entire area. The estimated annual rate of erosion is 1 ft. Waters at the project site are classified as SB. The applicant's property abruptly changes from a mowed lawn 6 ft. above NWL to a wide wetland fringe at NWL. The riverbank is stabilized with lawn grass and the wetland fringe is vegetated with various wetland plants except where the 3,326 ft deck extends over the wetlands and water. Drift lines were observed in the wetlands but no signs of riverbank erosion were seen. The applicant proposes to construct the new bulkhead an average of 10.2 ft. waterward of the riverbank and to backfill over the wetlands. We recommend that the bulkhead be aligned along the toe of the riverbank and landward of all wetlands. Thank you for the opportunity to review and comment on this project. If you need further assistance or additional information, please contact William Wescott at (919) 927-4016. WW/fn '0V State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 3, 1996 MEMORANDUM 1� IDEHNFR TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review 'yRECO ED APR I 7, 1996 COASRL MANAGEMENT APPLICANT: PROJECT LOCATION: SR1321 (Muddy Creek Road), New Hope Area, Perquimans Co. ROPOSED PROJECT: To construct bulkhead in AEC and backfill wetlands. Please indicate below your agency's position or viewpoint on the proposed and return this form by April 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. t� 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 ((�� co�mments. Signed QG llshAm`�, eo.,w: eu;'K Date 4 - ((g -q(r May 21, 1993 P.O. Box 27687, 7�FAX 919-733-1495 Raleigh, North Carolina 27611-7687 NrC An Equal OpportunHy/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: lF. ��v 7 E) F-= � TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: P. A. Wojciechowski'-,�' FROM: Sara E. Winslow, Biologist Supervisor SUBJECT: Wicks DATE: March 26, 1996 The following comments by the North Carolina, Division of Marine Fisheries are provided pursuant to General Statute 113-131. Pergnimanc River functions as a spawning and n a for blueback herring and alewife. Striped bass, white perch, yellow perch, spot, cro er, blue crabs and other commercially and recreationally important species also utilize the area as a nursery. SAV's are found along the shoreline. The Division approves of this project with the following modifications. 1"%osed 110 foot long bulkhead should be constructed landward of the wetland area. The wetland area is rather extensive, and is a continuous wetland. In the past 15-20 years the size of the wetland area has increased significantly. Wetlands are of great importance serving as sources of biological productivity and providing food directly and indirectly. Finally, wetlands perform important roles in modifying acute impacts of hydrologic events, moderating stormwater flows, trapping sediments, and providing nutrients for incorporation into resident plants. P.O. Box 769, Morehead City, North Carolina 28557.0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, FIWA Health and Natural Resources aAja Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director March 21, 1996 TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Ricks Project Location: Perquimans County, SR 1321 (Muddy Creek Road), New Hope Area, Perquimans River Proposed Project: To construct 110 feet of bulkhead in the estuarine shoreline AEC and backfill 681 square feet of freshwater wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 12, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. 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. S igne Date 3 1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources a Division of Marine FisheriesA&4 , ±ffl;k �� James B. Hunt, Jr., Governor [D E H N Jonathan B. Howes, Secretary Bruce L. Freeman, Director 27 March 1996 MEMORANDUM TO: John R. Parker, Jr. FROM: P.A. Wojciechowski " z SUBJECT: CAMA/DREDGE & FILL Permit Application William E. Ricks Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: April 3, 1996 P. A. "Ski" Wojciechowski Division of Marine Fisheries John Parker Major Permits Processing Coordinator [DEHNFR CAMA/Dredge and Fill Permit Application Review APR 15 IM WHO. TRAILIBLANDS APPLICANT: William E. Ricks C PROJECT LOCATION: SR1321 (Muddy Creek Road), New Hope Area, PROPOSED PROJECT: To construct bulkhead in the AEC and backilll Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY c/There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signe Date P.O. Box 27687, ��C FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice919-733-2293 50%recycled/10%post-consumer paper RF'R 19 ' Departmt �-ieatth an rj Division of C ri.u,y James E. H } I Jonathan E Roger N. Sc 5E 0- 03F't'I I ii ,rth l .arolina t o Environment, N ura! Resources F ast I Management rt. Governor :�la es, Secretary hecter, Director April 3, 1996 P.7 ED E=HNFR MEMORANDUM TO: Ms. Linda Sewall, Director rt:•:i Division of Environmental Health k- 0i :;a ::•:. FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: 1111100ME. Ricks PROJECT LOCATION: SR1321 (Muddy Creek Road), New Hope Area, Perquunans Co. PROPOSED PROJECT: To construct bulkhead in the AEC and fill wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293- When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. r 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. Signed P.O. Box 27667, I� W � U Raleigh, North Carolina 2761 1-763'J Il V Voice919-733-2293 Date- Y 7 /9G, oe Action Employer i ... r rnsuTler Parer State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 3, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: AFT•�' [DEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: mks PROJECT LOCATION: SR1321 (Muddy Creek Road), New Hope Area, Perquimans Co. PROPOSED PROJECT: To construct bulkhead in the AEC and backfill wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. L� 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. Signe Date � Z �! /G P.O. Box 27687, ��FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N �C An Equal OpportunNy/Afflrrnafive Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper uk State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 3, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator A •1 [DEHNR i� t. Cra``i' IiLol APR 3 1996 DO" OF YIi4iER RESOURCES SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: }ks PROJECT LOCATION: SR1321 (Muddy Creek Road), New Hope Area, Onslow Co. PROPOSED PROJECT: To construct bulkhead in the AEC and backfill wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. 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. ECEA Signed ° Date �Pt29 1996 C0 SiAi MANAGEMENT P.O. Box 27687, FAX 919-733-1495 Raleigh, North Carolina 27611-7687 �CAn Equal Opportuntty/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper Stat6 of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 3, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNR SUBJECT: CAMA/DREDGE & FILL Permit Application Review RECEIVED MAY 13 1996 COAStAt MANAGEMENT APPLICANT: William E. Ricks PROJECT LOCATION: SR1321 (Muddy Creek Road), New Hope Area, Perquimans Co. PROPOSED PROJECT: To construct bulkhead in the AEC and backfill wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 19%. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY 411111111— ✓ This agency has no objection to the project as proposed. 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. Signed C/-J' fC7 r W % Dates� P.O. Box 27687, Nif ` ;6 FAX 919-733-1495 Raleigh, North Carolina 27611-7687 An Equal Opportunity/Afflrmattve Action Employer Voice 919-733-2293 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director March 21, 1996 MEMORANDUM TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator A '", IDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Ricks Project Location: Perquimans County, SR 1321 (Muddy Creek Road), New Hope Area, Perquimans River Proposed Project: To construct 110 feet of bulkhead in the estuarine shoreline AEC and backfill 681 square feet of freshwater wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 12, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. Signed This agency approves of the project only if the recommended changes are incorporated. See attached. objects to the project for MA , z) 66t MpNpGEMENt Date reasons described in the 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmative Action Employer 50% recycled/ 10% post -consumer paper PV State of North Carolina Department of Environment, Health and Natural Resources FORMA Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N. Schecter, Director RECEN� March 21, 1996 MEMORANDUM TO: Mr. Charles Gardner, Director * `� Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William E. Ricks Project Location: Perquimans County, SR 1321 (Muddy Creek Road), New Hope Area, Perquimans River Proposed Project: To construct 110 feet of bulkhead in the estuarine shoreline AEC and backfill 681 square feet of freshwater wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 12, 1996. If you have any questions regarding the proposed project, please contact Frank Jennings at (919) 264-3901. When appropriate, in-depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. 4, Phis 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.Signed �Gf r �G�s " Date -3- 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264,3723 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: WA A1. 0 �FEE HNFR April 3, 1996 Mr. Larry R. Goode, Phd., P.E. ti,RECEIVE Highway Administrator Division of Highways NPR 12t 9g6 John Parker, Jr. � MRN � MENZ Major Permits Processing Coordinator < g CAMA/DREDGE & FILL Permit Application Review APPLICANT: William E. Ricks PROJECT LOCATION: SR1321 (Muddy Creek Road), New Hope Area, Perquimans Co. PROPOSED PROJECT: To construct bulkhead in AEC and backfdl wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 23, 19%. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY,,, T This agency has no objection to the project as proposed. aw 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 cowmen . Signed Date P.O. Box 27687, N�`, C FAX 919-733-1495 Raleigh, North Carolina 27611-7687 r An Equal FAX Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper / DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: William E. Ricks 2. LOCATION OF PROJECT SITE: Perquimans County, SR 1321 (Muddy Creek Road), New Hope Area, Perquimans River Photo Index - 1989: 119-9 (06) 119-10 (015) .1984: 116-817 (H-9) State Plane Coordinates - X: 2801000 Y: 873200 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 11, 1996 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - March 5, 1996 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Perquimans County Land Classification From LUP - Conservation (B) AEC(s) Involved: ES, EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic system Planned - N/A (F) Type of Structures: Existing - House, deck, pier, boat ramp & bulkhead Planned - bulkhead (G) Estimated Annual Rate of Erosion: V Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER '1 (A) Vegetated Wetlands I "404" Wetlands 681 square feet (B) Non -Vegetated Wetlands II (C) Other Public Trust Waters 86 square feet (D) Total Area Disturbed: 767 square feet (.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct 110 feet of bulkhead in the estuarine shoreline AEC and backfill 681 square feet of freshwater wetlands. William E. Ricks Bio Report Page Two Site Description In July, 1995 the applicant purchased a .9 acre tract located on the Perquimans River and on SR 1321 (Muddy Creek Road), New Hope area, Perquimans County. The tract is developed and has 110 feet shoreline, a single family house, a utility shed, a 4' x 100' pier with a 12' x 12' platform, an 8' x 20' boatramp, 43' of 11h' high bulkhead, a 3,326 square foot elevated deck, several grapevines and a maintained yard. The house is situated approximately 6 feet above normal water level and the deck is approximately 5 feet above normal water level and is attached to the house and functions as a backporch. The soils of the tract are sandy loam and the elevation of the tract changes from a uniform 5 feet to 1 foot in a sloping transition area along the riverbank that varies in width from 10 to 15 feet. A freshwater wetland area consisting of common reed (Phragmites australis), wax myrtle (Myrfca cerifera) and bald cypress (Taxodium distichum) lies waterward of the river bank along the unbulkheaded shoreline. Adjacent property consists of an unbulkheaded and undeveloped tract and unbulkheaded and cleared and maintained building lot. The Perquimans County Land Use Plan classifies the area as Conservation. The Division of Environmental Management classifies the waters of the Perquimans River in this area as SB. Development Proposal The riverbank is eroding and the applicant proposes to construct a 110 foot long, 3 foot high, continuous bulkhead along the embankment. In the shoreline area where the existing bulkhead is present, the applicant proposes to construct the new bulkhead an average of 2 feet with a maximum of 5 feet waterward of the normal water level. In the unprotected wetland area, the applicant proposes to construct his bulkhead an average of 10.16 feet waterward of the riverbank and to backfill that area. Anticipated Impacts The project as proposed will fill 681 square feet of vegetated wetlands in the Estuarine Shoreline and 86 square feet of Public Trust and Estuarine Waters. Turbidity increases are to be expected during construction. The project will stabilize the applicant's riverbank and protect his house. Submitted by: Frank A. Jennings, III Date: March 20, 1996 0REPLYTO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 April 24, 1996 Action ID No. 199601497 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker! Reference the application of William E. Ricks for a Department of the Army (DA) permit to construct a bulkhead and place fill material in wetlands, on property located off State Road 1321, adjacent the Perquimans River, New Hope, Perquimans 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 condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict Aompliance with the permit plans. t„2. The bulkhead will not be positioned farther waterward than 10 feet Z'q-y from the normal water level elevation contour at any point along its alignment. U 3. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 4. No vegetated wetlands will be excavated or filled outside of permitted project area. 5. The temporary placement or double handling of excavated or fill �-M {Irials within waters or vegetated wetlands is not authorized. 6. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, aXh land, P.W.S. p EryE'V L1i Regulatory Project Man r p 1996 Q' APRCUPSM. MANA6�'E11i -2- Copies Furnished Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North -Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF March 27, 1996 Regulatory Branch Action ID No. 199601497 William E. Ricks Route 3, Box 616 Hertford, North Carolina 27944 Dear Mr. Ricks: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received March 25, 1996, for Department of the Army (DA) authorization to construct a bulkhead and place fill material in wetlands, on property located off State Road 1321, adjacent the Perquimans River, New Hope, Perquimans County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199601497. It will be coordinated by Mr. Raleigh Bland in our Washington Regulatory Field Office. Mr. Bland is available at telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Project Manager Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management �corth Carolina Department of Environment, i/ Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF March 27. 1996 Regulatory Branch Action ID No. 199601497 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of William E. Ricks for Department of the Army (DA) authorization and a State Water Quality Certification to construct a bulkhead and place fill material in wetlands, on property located off State Road 1321, adjacent the Perquimans River, New Hope, Perquimans County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by May 25, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Project Manager Regulatory Branch Enclosure -- J -2- Copies Furnished (without enclosure): Mr. John Parker vision of Coastal Management rth Carolina Department of Environment, ✓✓✓✓✓✓ Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTTON, NORTH CfA,ROILIINA 28402-1890 REPLY TO ATTENTION OF , orcl �• V } ! 1� � Regulatory Branch Action ID. 19 1 fI, o Iy "11 Applicant trl I`I Gvh G • l�� L�S Waterway [arqph (, R'Ift County re iVhG i Type Work Qul<< e-ik Weklr,J Ti II Mr. Larry Hardy National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Fish and Wildlife Enhancement U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: Ir. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 I LNG Ww (_ ` Regional Office Division of Coastal Management North Carolina Department of Environment, Heallth and Natural Resources s r U I E c- Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosedA Youl comment and/or recommendations would be appreciated on or before 5 I I'g . Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. AFRO �q 1,;ilu;� iilll Raleigh Bland ,' Manageregulatory Project Enclosure State of North Carolina Department of Environment, IT Health and Natural Resources 1 ° • Division of Coastal Management James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director March 22, 1996 Mr. William E. Ricks 777 Fire Tower Road Elizabeth City, NC 27909 Dear Mr. Ricks: The Division of Coastal Management hereby 110100MM receipt of your application for State approval for development of your property located Perquimans County, SR 1321 (Muddy Creek Road), New Hope Area, Perquimans River. It was received on March 5, 1996 , and appears to be adequate for processing at this time. The projected deadline for making a decision is 1�96. 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. NCGS 113A-119(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 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 me if you have any 1367 U.S. 17 South. Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 6o% recycled/ lo% post -consumer paper March 22, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, U--). �i's Frank A. Jennings, III Field Representative I FAJ/kh Enclosure cc: John Parker Richard L. Watts NOTI(olo$170A CAMA PERMIT APPLIED FOR PROJECT: To construct 110 feet of bulkhead in the estuarine shoreline AEC and backfill 681 square feet of freshwater wetlands. COMMENTS ACCEPTED THROUGH April 16, 1996 APPLICANT: p, rce, FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Mr. William E. Ricks NC Division of Coastal Management 777 Fire Tower Road Y 1367 US 17 South Elizabeth City, NC 27909 Elizabeth City, NC 27909 P 57iAU 268 .US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. j Do not use for International Mail See reverse j sentto GERALD A BRITTINGHAM Street & Number 355 CRAWFORD PKWY Post office, State, &ZIP Cade PORTSMOIun , VA 23704 Postage $ .32 Certified Fee 1.10 Special Delivery Fee I. Restricted Delivery Fee N Return Receipt Showing to Who1.10 Whom &Date Delivered n Relum ReceiptShasmg to Whom,[__ I ' Q Date,&Addressee's Address= ,._ Ty` ,52 TOTAL Postage&F \ 0 a tco � P�ir�R 0 4 �'.�',: p �� _ A RECEIVED ft1AR 0.4 1996 cern: tingham, own property in Perquimans County, ch shares a common boundary with property am E. and Billie S. Ricks. The Ricks' have r intentions to place a bulkhead on their property adjacent to the river. I have no objection, as an adjoining property owner, to their establishment of the bulkhead and breakwater, and I waive the 15' setback criterion. m SENDER: I also wish to receive the v m :Complete Rams 1 andlor2 fbr additional services. .Complete items 3, 4a, and 4b. following eefVICBS (far an - m . Print your name and address on the reverse of this forth so thatwe can retum this extra fee): ai - d card to you. .Attach this form to the from of the mallpiew, or on the back if space does not 1. ❑ Addressee's Address m i y permit. .Wdte'Retum Receipt Requested'on the mailpiece below the article number. Return Receipt wilt show to whom the article was delivered and the data 2.❑ Restricted Delivery (on i ° t. .The delivered. Consult postmaster for tee. v 3. Article Addressed to: • a. Article Number 4b d tc P 573 843 268 E a GERALD A. BRITTINGHAti 4b. Service Type d o V.I.P, 11ANAGEKENT ❑Registered Certified cc 355 n�CRAWFORD PfIIIY ❑ 6 press Mail ❑ Insured 5 m PORTSPiOUTH, VA 23704 ❑ Return Receipt for Merchandise ❑COD 7. Date of D livery2� ii 2m T,e 5: Rec v d (Print N 8.AddreSsee'e,�Onlyarequested �drtls ispdj` an fee F_ g 6. Siiggnature: (Addressee or Age o p:IAR 0 4 199b T ^ a PS Form 3811, December 1994 Domestic Return Receipt , P 573 .843 493 US Postal Service Receipt for Certified Mail No Insurance coverage Provided. Do not use for intemavonat mmi Sentto GEORGE THOPIAS EURE Street & Number P.OUTE 3 BOX 617 Postotfice, State,&ZIPCode- HERTFORD, Nc 27944 Postage $ .32 Certified Fee 1.10 Special Delivery Fee Reshicted Delivery Fee w Return Receipt Showing to 1.1D Whom & Date Delivered .8. Return Receipt Shriving to Whom. Date, &Addressee's TOTAL Postag .52 cD rD r.+f Postmark or a T ,— l_ �S - � 199h RECE��iFn 4 1996 , own property in Perquimans Conty, shares a common boundary with property, i E. and Billie S. Ricks. The Ricks' it heir -intentions to place a bulkhead on ent to the river. r.k I have no objection, .as an adjoining property owner, to their establishment of the bulkhead and breakwater. I also wish to receive the to SENDER: v •eompleteftem.; *.'vor 2 for addition- vices. following services(for an m m .Complete ift-,a and 4b. •primyour a-:, addressonthe, cc this form so that we can return this extra fee): vi ucard to Yyuman .Attach Mis,®the from of the �a or on the bade if space does not 1. ❑ Addressee's Address Z t permit. :wdte'Retam Receipt Req yq0er. .me mailpiece below the article number. was delivered and the dale 2. ❑ Restricted Delivery ru W i eThe Return Receipt will stv'7 am the article Consult postmaster for fee. a I e delivered. to I 3. Article Addressed to: 4a. Article Number v 0 GEORGE THOMAS EURE P 573 843 493 o ROUTE 3 BOX 07 4b.Service Type Certified m oc HERTFORD, NC 27944 ❑Registered Mail [Irn ❑ Express MaInsured . w ❑ Return Receipt forMertdtandse ❑COD tx e 7. qa� of Deliveyy G F Q T . Z S. Received By: (Print Name) 8. Addressee's Address -(Only!/ requested 5 and fee is paid) �• f 6. Signature: (Addressee or Agent) .,:', l990 3 v Ps Form 3811, D cember 1994 Domestic Return 600K 164FLGE 799 ' Pr(`EIV�D �ti16k1 0 4 1996 The property hereinabove described was acquired by Grantor by instrument recorded in ....DeeCl Book 98,,,dt.............. ........................ Page...359...in...the,.Rg quimans....pgAty...Registry.................................................................................... ••""""• """ Cabinet 2, Slide 32, Map 3 A map showing the above described property is recorded in Plat BGV1K1nxmXMXMXMXmXMrft5smxm ................ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, hits the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Restrictive covenants of record•in Deed Book 98 at Page 359 in the Perquimans County Registry. hereunto the Grard.r sands setseal, or If the ls )land of hDirectorrs,11 the ned Its day anent to be d Year first by Its dulyOauthorized officers its to hereuntoand affixed by authority of Iler Board corportate names abuse written. "///,�/'/)//� it (r-F-/--_~__f_•_d_______________________(SEAL) ____________________ (Corporate Name) a Marie 11. Banks O BY.___________________________________________________________ ; yJ� 1----------__(SEAL) ',�,'Ban s President ATTEST: .I; _________________________________________________(SEAL) r (Corporate Sean [f. _____(SEAL) _______________________SecretarY SEAL-STAAIP ti3OrA s 0 ear e vaa,, VB;.IC J CS Pas uotank ---------- County. NORTH CA1U)LINAr ____--- --q--- 1, a Notary f•ublic of the County and State aforesaid, certify that -------- _ hus batici_t__ROy_ S . _ BaGrantor, nks------------------------------------------------------------ x IS personally appeared before me this day and acknowledged the execution o[ the foregoing Instrument. Witness MY e p hand and official stamp or seal, this -�2_I i--- day of ---- _---Ju- Y --_------' ,- -- 19_____. A1y commission expires: __gnu k -a --------------- NORTH CAROLINA, ------- County. Notary Public 1, a Notary Public of the County and State aforesaid, certify that------------------------------------------ m personally came before me this day and acknowledged that ____ he Is --------------------------- Secretary of C .. allorth Carolina curPoraltun, and that by authority duly x._________._..______________________ the foregoing Instrument was signed In its came by its ^ given and as he net of tile Corporation, --------------- ra as Its President. sealed with its corporate seal and attested DY------------------------------'------' Secretary. Witness u.y Land and official stamp or seal, this ------- day of --------------------------' 39_______-. All, cmnmimlr,a expires: ------- Notary Public PLIlA13F'PI A_ ROWL' a Notar Pu is o -asqu-- an ours '1'Im turegnhlg C,r rllf lculc(s) of � ' ____________X____ _ ------------ ---------- N N. C ---------------------------------------------------------------------------------------------- ---------------- ------------ --------------------------------------------------- ---------------------- Ls.t',Xc certified to be correct. This instrument and this certificate are duly registered at the date and time and In tile Book and Page shown on the first page hereof. DEBORAH S. REED _ _ __ _________REGISTER OF DEEDS FOE ...... P-ERQUIBANS------------ COUNTY Ctq..e _______DeputY/A ,d&i ^'-Register of Deeds N. C. har Awe. Form No. 3 g, 1976, Revised G 1977 -+-—wm...... s c,r.1.1 err. iB, r-mn.ei.. N. c. Pass Pnnnd uv Plrvernenr n�rl, rM N C e.r Amc - IJSI BOOK 164PAGE798 1990 SCHEDULE A Beginning at an iron pipe situated on the southwestern right of way line of State Road 1321 (Muddy Creek Road), which iron pipe is further situated 0.7 mile northwestwardly from State Road 1359, and which iron pipe is also situated at the northernmost corner of the G. A. Brittingham property as. described in instrument recorded in Deed Book 120 at Page 409 in the Perquimans Registry, and running thence from said point of beginning along the southwestern right of way line of State Road 1321 North 320 30' West 254.75 feet to an iron rod, cornering; thence along the east side of an old road bed South 150 17' West 185.68 feet to a rod, cornering; thence South 750 44' West 39.35 feet to a pipe, cornering; thence South 420 48' West 97.53 feet to a pipe at or near the shoreline of the Perquimans River; thence along the shoreline of the Perquimans River South 550 46, East 91.11 feet to an iron pipe and South 440 05' East 34.55 feet to an iron pipe, cornering; thence along said Brittingham property line North 570 30' East 226.30 feet to the pipe at the point of beginning, this being a portion of the property that was conveyed to Charlie Mizelle Hurdle and wife, Marie Hughes Hurdle by Deed dated December 1, 1981 from William Penn Chappell et al •of record in Deed Book 98 at Page 359 in the Perquimans Registry. Charlie Mizelle Hurdle predeceased his wife, Marie, and Marie thereafter remarried Roy S. Banks, her -current spouse. Marie Hughes Hurdle is the same person as Marie H. Banks. Reference is made to plat entitled in part, "Marie H. Banks," prepared by Charles E. Brown, III, Registered Surveyor, under date of March 2, 1992, of record in Plat Cabinet 2, Slide 32, Map 3 in the Office of the Register of Deeds of Perquimans County, NC. The property herein described is the same property that is delineated on plat entitled in part, "Property Being Conveyed to William E. Ricks and wife, Billie S. Ricks," prepared by Charles E. Brown, III, Registered Surveyor, under date of June 17, 1995. �a Nr I. LAND iTAX s?:i i5' .K PAM) f STATE OF OINA R H C ROLtE it tt % ` e 100.00 STATE OF NORTI ppCAqJ �pLIIN(7A, $50.00 STATE OF N.�MT CA k�LIINA .00 u' STATE OF R H CA OLINA ATA7CE IS � 20.00 ' n Excise Tax ig / r1'1, 6 If4PAGE 797 BOOK DATE: JULY 21, 1995 TIME: 4:34 P. M. 00 BOOK: 164 a.:i o 014 PAGE: 797 Recording Time, Hook and Page RECEI\JFn MAR 0 4 1996 .............................. I ..... .................. I.... . .......... Parcel Identifier No........................................................................... .......................... County on the ................ day,of........................................................1 19............ ........................................... Mail after recording to ......Hornthal Riley, Ellis & Maland ........................................................ ................................... P......0.. Box 22.0.,....1 lizabeth Ci.tY.A...Nq...27909.............................................................. This instrument was prepared by ....... J..r_r.......ed,.Riley,...Attorn.ey........ ........... ....... ..... ............ .... .......... ..... ........:.......... .......... ,.... Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .2.ls.t...... day of ...................July 19.. PA...; by and between GRANTOR MARIE H. BANICS and husband, ROY S. BANKS GRANTEN WILLIAM E. Rl'C&S and wife, BILLIE S. RICKS Route 3, Box 616 Hertford, North Carolina 27944 Enter to appropriate block for each party: n:.me, address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigps, and sliall include singular, plural, masculine, feminine or neuter its required by context. WITNESSETII, that the Grantor, for at valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of ......... . .... New ... Hope ........ ....:... Townhip, yta;yu, m.,ans................. County, North Carolina and more particularly described as follows: , See Schedule A attached hereto and incorporated herein by reference. 1, i i 1 i N. C. Bar Assoc. Fnr,u No. 3 6 1976, Revised `) 1977 -+.mn wpm,.,.. & Co.. inc.. 90. 127. y.wsm.nm, N. a ])995 •\ . YnnwJ Ly Ap,eemam wnn,hu N: C. Ue A..[.-1981