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HomeMy WebLinkAboutDEN-Foreman,ClayState of North Carolina Department of Environment, Health and Natural Resources ` IT 0 a Division of Environmental Management James B. Hunt, Jr., Governor ALI IL Jonathan B. Howes, Secretary ID E H N F� A. Preston Howard, Jr., P.E., Director June 17, 1996 PasCounty 9 iO DEM Project ct # 960190 1� APPROVAL of 401 Water Quality Certification n ly�o'� Mr. Clay B. Foreman, Jr. -�, �P � 1808 Revershore Road ; `. Elizabeth City, NC 27909 t9 y 6, Dear Mr. Foreman: S You have our approval to place fill material in 0.07 acres of wetlands or waters for the purpose of constnicting a driveway at your home at 1808 Rivershore Road, Elizabeth City, as you described in your application dated 18 April 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 919-733-1786. Sincerely, 1 Pre n Howaz , r. P.E. Attachment � cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files Doug Huggett; DCM Z-5 ' 1 Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper r, 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 CERTIFIED MAIL Return Receipt Requested Mr. Clay B. Foreman 1808 Rivershore Road Elizabeth City, NC 27909 Dear Mr. Foreman: June 18, 1996 1� E)EEHNR This letter is in response to your application request under the Coastal Area Management Act (CAMA) to relocate a driveway through a wetland area on your property in Elizabeth City adjacent to the Pasquotank River. Processing of the application, which was accepted as complete on February 16, 1996, and for which notice of extended review was given on May 1, 1996, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The existing driveway provides adequate access to the residence. 2) Documentation has not been provided which justifies the relocation of the driveway through the cypress wetland area. 3) The proposed project would have an adverse impact on the cypress wetland area, as indicated on the workplan drawing dated February 15, 1995 (sic). 4) The cypress fringe area is a vital component of the estuarine system in that it serves important functions in providing food, both directly and indirectly, to fisheries resources. Cypress fringe and wetland areas also serve to improve water quality by removing sediments, nutrients and pollutants from upland run-off before reaching surface waters, and by preventing shoreline erosion. 5) During the course of the coordinated permit application review, one State agency and one Federal agency recommended that authorization for the proposed development not be granted. wl P.O. Box 27687, N7`� .0 FAX 9 Affirm tive Raleigh, North Carolina 27611-7687 An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 13 50% recycled/ 10°k post -consumer paper 6) The proposed project is determined to be inconsistent with T15A:07H.0209(e)(1), which states that "All development projects, proposals and designs shall substantially preserve and not weaken or eliminate natural barriers to erosion, including , but not limited to, peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines." 7) The proposed project is determined to be inconsistent with T15A.07H.0206(d), which states "Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority shall be allocated to the conservation of estuarine waters and its vital components." 8) The proposed project is determined to be inconsistent with T15A.07H.0208(a)(2)(B), which states "Before receiving approval for location of a use or development within these AECs, the permit -letting authority shall find that no suitable alternative site or location outside of the AEC exists for the use or development and, further, that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers (cypress fringes, marshes, clay soils)." 9) Inasmuch as the proposal is inconsistent with a state standard or standards, the proposal has been determined to be inconsistent with the Elizabeth City Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919) 733-2698, within twenty (20) days from the receipt of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. the Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, Director 1"Mrsoll cc: Mr. Jeffery Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg U.S. Army Corps of Engineers Wilmington, NC 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 June 18, 1996 CERTIFIED MAIL Return Receipt Requested Mr. Clay B. Foreman 1808 Rivershore Road Elizabeth City, NC 27909 Dear Mr. Foreman: A lo"lr IDEHNFR This letter is in response to your application request under the Coastal Area Management Act (CAMA) to relocate a driveway through a wetland area on your property in Elizabeth City adjacent to the Pasquotank River.' Processing of the application, which was accepted as complete on February 16, 1996, and for which notice of extended review was given on May 1, 1996, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The existing driveway provides adequate access to the residence. 2) Documentation has not been provided which justifies the relocation of the driveway through the cypress wetland area. 3) The proposed project would have an adverse impact on the cypress wetland area, as indicated on the workplan drawing dated February 15, 1995 (sic). 4) The cypress fringe area is a vital component of the estuarine system in that it serves important functions in providing food, both directly and indirectly, to fisheries resources. Cypress fringe and wetland areas also serve to improve water quality by removing sediments, nutrients and pollutants from upland run-off before reaching surface waters, and by preventing shoreline erosion. 5) During the course of the coordinated permit application review, one State agency and one Federal agency recommended that authorization for the proposed development not be granted. P.O. Box 27687, 4 , FAX 919-733-1495 Raleigh, North Carolina 27611-7687 NIC An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper 6) The proposed project is determined to be inconsistent with T15A:07H.0209(e)(1), which states that "All development projects, proposals and designs shall substantially preserve and not weaken or eliminate natural barriers to erosion, including , but not limited to, peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines." 7) The proposed project is determined to be inconsistent with T15A.07H.0206(d), which states "Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority shall be allocated to the conservation of estuarine waters and its vital components." 8) The proposed project is determined to be inconsistent with T15A.07H.0208(a)(2)(B), which states "Before receiving approval for location of a use or development within these AECs, the permit -letting authority shall find that no suitable alternative site or location outside of the AEC exists for the use or development and, further, that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers (cypress fringes, marshes, clay soils)." 9) Inasmuch as the proposal is inconsistent with a state standard or standards, the proposal has been determined to be inconsistent with the Elizabeth City Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919) 733-2698, within twenty (20) days from the receipt of this letter.. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. the Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. Sincerely, LG�%�U Ro er N. Schecter Director RS/dvh cc: Mr. Jeffery Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg U.S. Army Corps of Engineers Wilmington, NC 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 CERTIFIED MAIL Return Receipt Requested Mr. Clay B. Foreman 1808 Rivershore Road Elizabeth City, NC 27909 Dear Mr. Foreman: A 0", June 18, 1996 [:)EHNFR This letter is in response to your application request under the Coastal Area Management Act (CAMA) to relocate a driveway through a wetland area on your property in Elizabeth City adjacent to the Pasquotank River. Processing of the application, which was accepted as complete on February 16, 1996, and for which notice of extended review was given on May 1, 1996, is now complete. Based on the joint state and Federal agency review, the Division of Coastal Management has made the following findings: 1) The existing driveway provides adequate access to the residence. 2) D6cumentation has not been provided which justifies the relocation of the driveway through the cypress wetland area. 3) The proposed project would have an adverse impact on the cypress wetland area, as indicated on the workplan drawing dated February 15, 1995 (sic). 4) The cypress fringe area is a vital component of the estuarine system in that it serves important functions in providing food, both directly and indirectly, to fisheries resources. Cypress fringe and wetland areas also serve to improve water quality by removing sediments, nutrients and pollutants from upland run-off before reaching surface waters, and by preventing shoreline erpsion. 5) During the course of the coordinated permit application review, one State agency and one Federal agency recommended that authorization for the proposed development not be granted. P.O. Box 27687, Nig" C Raleigh, North Carolina 27611-7687 Voice 919-733-2293 T1�� An Equal Opportunity/Aftirmaffve Action Employer 50% recycled/l0% post -consumer paper 6) The proposed project is determined to be inconsistent with T15A:07H.0209(e)(1), which states that "All development projects, proposals and designs shall substantially preserve and not weaken or eliminate natural barriers to erosion, including , but not limited to, peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines." 7) The proposed project is determined to be inconsistent with T15A.07H.0206(d), which states "Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority shall be allocated to the conservation of estuarine waters and its vital components." 8) The proposed project is determined to be inconsistent with T15A.07H.0208(a)(2)(3), which states "Before receiving approval for location of a use or development within these AECs, the permit -letting authority shall find that no suitable alternative site or location outside of the AEC exists for the use or development and, further, that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers (cypress fringes, marshes, clay soils)." 9) Inasmuch as the proposal is inconsistent with a state standard or standards, the proposal has been determined to be inconsistent with the Elizabeth City Land Use Plan. Given the preceding findings, it is necessary that your request for a permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A- 120(a)(8), which requires permit denial for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan. If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, (919)-733-2698, within twenty (20) days from the receipt of this letter. A copy of this petition should be filed with this office. Also, you should be advised that as long as this state permit denial stands, your project must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding the issuance of Federal permits for this project. the Federal Coastal Zone Management Act (CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt of this letter. Your appeal must be based on the ,r grounds that the proposed activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security, and thus, may be federally approved. If you have any questions concerning this matter, please contact Mr. John Parker at (919) 733-2293, P.O. Box 27687, Raleigh, NC 27611. RS/dvh cc: Mr. Jeffery Benoit, Director OCRM/NOAA Silver Spring, MD Colonel Robert J. Sperberg U.S. Army Corps of Engineers Wilmington, NC Sincerely, DMSION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) APPLICANT: Clay B. Foreman, Jr. COUNTY: Pasquotank 12 LOCATION OF PROJECT: 1808 Rivershore Road, Elizabeth City, Pasquotank Riv � RE�'vE0 DATE APPLICATION RECEIVED COMPLETE BY FIELD: February 16, 1996 _ 20 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes AG CONSISTENCY DETERMINATION: Attached - No To Be Forwarded - Yes FIELD REPRESENTATIVE: Frank A. Jennings, III DISTRICT OFFICE: Elizabeth DISTRICT MANAGER REVIEW: -q(n B) DATE APPLICATION RECEIVED IN RA//LEIGH: FEE REC'D: $ Z S° PUBLIC NOTICE REC'D: END OF NOTICE DATE: 3" /y' `Ll ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: t/ APPLICATION ASSIGNED TO: ON: L-- "Le--9 t C) 75 DAY DEADLINE: 150 DAY DEADLINE: MAIL OUT DATE: -L%' y� STATE DUE DATE: 3 - 2 z ' 96 FEDERAL DUE DATE: 3 " Lo ,p4 FED. COMMENTS REC'D: t1—Iy-9L PERMIT FINAL ACTION: ISSUE DENY DRAFT ON(�' AGENCY DATE COMMENTS OBJECTIONS NOTES RETURNED YES NO Coastal Management Dist. Office 2-Z6-14 Div. of Community Assistance Land Quality Section _ 4 ' 4�'r p IG So M TT Div. of Env. Management �^3J-SL!•s� 6-�l'ti6 ✓ gP31i isy�(✓(vtt6.l State Property Office Div. of Archives & History s h Div. of Env. Health Div. of Highways 0 Wildlife Resources Commission D y-Y 46 Div. of Water Resources Div. of Marine Fisheries State of North Carolina Department of Environment, IFWA Health and Natural Resources i Division of Coastal Management AWWOM000%mov �' a James B. Hunt, Jr., Governor p E H N R Jonathan B. Howes, Secretary Roger N. Schecter, Director T MEMORANDUM: (FEB 26 1996 co;asrat l AWEMENT TO: John Parker tp FROM: Frank Jennings SUBJECT: Clay B. Foreman Major Permit Recommendations VNMENEWIlllW DATE: February 21, 1996 I recommend this project be permitted as proposed with the following conditions: 1) 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. 2) No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the alignment of the fill as indicated on the workplat(s). 3) A silt fence shall be installed prior to any filling activity. This fence shall be placed between the normal water line and the work site. 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: John Parker FROM: Frank Jennings SUBJECT: r1 Consistency Review DATE: February 21, 1996 AT wA a [DEHNFR Y boa P.EC6VEP FEB 2§., 1996 The applicant proposes to construct a 9' x 150' driveway by filling wetlands in the estuarine shoreline within the Elizabeth City limits. Elizabeth City is unique in that it has shoreline areas that are located within the estuarine shoreline AEC and shoreline areas that, although they appear identical are not considered estuarine shoreline. Elizabeth City has allowed extensive filling along the non -estuarine shorelines of Charles Creek and Knobbs Creek. The area the applicant wishes to fill is located along a small drainage ditch that empties into the Pasquotank River and the area to be filled is less than A acre. In the Natural Resources section of its plan on page 75 of the 1992 update it states: "The City believes that any development permitted must conform to State, Local and Federal environmental regulations and not cause a degradation or irreversible damage to the sensitive estuarine system." Based on the above, so long as the proposal is found to satisfy CAMA permit standards, it will be consistent with the Elizabeth City land use plan. 1367 U.S. 17 South, Elizabeth Ctty, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity AttlrmotNe Action Employer 50% recycled/ 10% post -consumer paper V_ 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 February 16, 1996 1, •:' [DEHNFR 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: Clay B. Foreman, Jr. Project Location: 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County Proposed Project: To construct a 9' x 150, driveway through wetlands in the estuarine shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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. Llx This agency objects to the project for reasons described in the attached comments. Signed Date I �" 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 Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM C) FEE HNFzI.I 7 March 1996 TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: Bruce Freeman, Director Division of Marine Fisheries SUBJ: CAMA/Dredge & Fill Permit Application for Clay B. Foreman, Jr. RICEIVEO AIAR 111996 COASTAL MANAGEMENT I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur with their recommendationlsl. 4-3�7f96 (initial) Director Deputy Director Planning & Analysis Supervisor State of North Carolina Department of Environment, Health and Natural Resources 4 • Division of Marine Fisheries James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Bruce L. Freeman, Director hoIplocow,y`IllsmiQ TO: John R. Parker, Jr., DCM Major Permits Processing Coordinator THROUGH: Ski P. Wojciechowski_,,,&- FROM: Sara E. Winslow, Biologist Supervisor/� SUBJECT: /Clay B. Foreman, Jr., Proposal DATE: 19 February 1996 The following comments by the North Carolina Division of Marine Fisheries are provided pursuant to General Statute 113-131. This agency objects to the proposed project based on the following. The division objects to filling approximately 3,200 square feet of wetlands. The applicant currently has adequate access to his residence through an existing highground drive. Wetlands are of great importance to fisheries resources, serving as sources of basic biological productivity, providing food directly and indirectly, and serving as nursery areas in some cases. 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. The Elizabeth City LUP classifies this are as Conservation. RECEIVED 211996 alV, OF MARINE FISHERIES 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: March 1, 1996 P. A. "Ski" Wojciechowski Division of Marine Fisheries John Parker Major Permits Processing Coordinator C)FEE HNR CAMA/Dredge and Fill Permit Application Review � 6 1996 DM PUB. TR./SUBLANDS APPLICANT: '40 Clay B. Foreman, Jr. Trustee \j PROJECT LOCATION: 1808 Rivershore Road, Elizabeth City, Pasquotank` PROPOSED PROJECT: To consrtruct a driveway through wetalnds. 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 There are no known public trust conflicts with the project location or design. There appear in Tit deed sl_yl+tl51 6„ -t- T)Jr o(v Signed 73 tk yrapfrfy to be public trust conflicts that require additional AnnrnYimately _ days additional review time is needed. repo ctt/ are Wf :hanges be made to the project to reduce or Dts�c✓er licts, as discussed in the attached memo. v�%ro S,✓'�O Date ivai irl�lT�t/ • S'wa- do y /��i1 c/tom' P.O. Box 27687, Weigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal opportunity Affirmative Action Employer so%recycled/ 1 o% post -consumer paper 1411111111111l 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 96919J [DEHNFR H:4SHINGTON OFFIcs FEB 2 0 1996 February 16, 1996 MEMORANDUM TO: Mr. A. Preston Howard, Director Division of Environmental Management FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clay B. Foreman, Jr. Project Location: 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County Proposed Project: To construct a 9' x 150' drive through wetlands in the estuarine shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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. ClLnSigned 1 2 Date Ob 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmative Acton Employer 50%recycled/ 10%post-consumer paper 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 Mr. Clay Foreman, Jr. 1808 Rivershore Road Elizabeth City, NC 27909 Project #960190 Pasquotank County IDFEE HNFit April 2, 1996 . Foreman: The Division of Environmental Management, Water Quality Section has reviewed your plans for the discharge of fill material into 0.07 acres of waters and/or wetlands located at your home in Pasquotank county for construction of a driveway. Based on this review, we have identified significant uses which would be removed by this project. These uses are water storage, pollutant removal and wildlife habitat. Furthermore, insufficient evidence is present in our files to conclude that your project must be built as planned in waters and/or wetlands. Therefore, we are moving toward denial of your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed as planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you construct your driveway on nearby uplands without going through the wetland? Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to Ms. Deborah Sawyer at the Washington Regional Office at 1424 Carolina Ave., Washington, NC 27889. I can be reached at 919-733-1786 if you have questions. �2 cc: Washington DEM Regional Office Wilmington Office Corps of Engineers Central Files Doug Huggett; DCM Sincerely, ti\��Og6 rate R. Domey ater Quality Certifiltion Pro A A 960190.nty Division of Environmental Management • Environmental Sciences Branch 4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone 919-733-1786 • FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 500/6 recycled/ 10% post -consumer paper MAR .18 '96 03:09PM State of North Carolina Department of Environment, X; Health and Natural Resources Division of Coastal Management r•: James B. Hunt, Jr,, Governor Jonathan S. Howes, Secretary Roger N. Schecter, Director w February 29, 1996 MEMORAIV-DUM. A/7 RECEIVED MAR 4 c . TO: Ms. Linda Sewall Director NV. OF ENViRONMENIAl- !:EALT!i DiNision of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA./DREDGE & FILL Permit Application Review APPLICANT: r" Clay C. Foreman, Jr. PROJECT LOCATION: 1808 Rivershore Rd., Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To construct a driveway through wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 14areh 22, 1996. If you have any questions regarding the proposed project. please contact John Parker at 733-2293. When appropriate, in-depth continents with supporting data are requested REPLY This agency has no objection to the project as propo ed. This agency has no comment on the proposed projeci. This agency approves of the project, only if the recommended' changes areincorporated. See attached. (t%E CU-etL&-C j Cc.t This agency obj cts to the project for rea.;onS d-scrioed t the attached cztiment l{ g� ' - . fG1177 Signed ;'�c�U /�i 'kX�i Date i jl���-1,' l % E- P.C.: �)x 2J687, Raleigh. North Ccuolir, . -1687 Teiephone 919-733-2293 -A %' _ -33 14' An Equcl Opportune: Artirmct yG Ac'.o!oyer Sn recycled/ ; r_.% r .'44t State of North Carolina Department of Environment, Health and Natural Resources AWA 0 0 Division of Coastal Management -N James B. Hunt, Jr., Governor V�� Jonathan B. Howes, Secretary E Roger N. Schecter, Director February 29, 1996 y �3VS�ar'W MEMORANDUM FEB 191996 f TO: Mr. John Sutherland, Chief D W M OF WATERRESWRCES Water Planning Section Division of Water Resources FROM: John Parker, Jr. 12 1 Major Permits Processing Coordinator + REcNO SUBJECT: CAMA/DREDGE & FILL Permit Application Re ' A?RG9�11R996 APPLICANT: Clay B. Foreman, Jr. MANAGEMENT PROJECT LOCATION: 1808 Rivershore Road, Elizabeth City, Pasquota o, PROPOSED PROJECT: To construct a driveway through wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 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. k 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 Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 An Equal Opportunity Affirmative Action Employer Telephone 919-733-2293 FAX 919-733-1495 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 February 29, 1996 MEMORANDUM u1=11 0i'm %?0 �40 Mpe�O% 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 APPLICANT: Clay B.Foreman, Jr. PROJECT LOCATION: 1808 Rivershore Road, Elizabeth City, Pasquotank Co. ROPOSED PROJECT: To construct a driveway through wetlands. Please indicate below your agency's position or viewpoint on the proposed and return this form by March 22, 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. x This agency has no comment on the proposed project. I 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 I' ` attached comments. Signed I/U��. Woa� Date 3-11-41a c,oww --ge.So- �'�vd K19� r NCw1u- May 21, 1993 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper State of North Carolina Department of Environment, WA Health and Natural Resources • Division of Coastal Management James B. Hunt, Jr., Governor p E H N FR Jonathan B. Howes, Secretary Roger N. Schecter, Director February 16, 1996 �P�P MEMORANDUM TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clay B. Foreman, Jr. Project Location: 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County Proposed Project: To construct a 9' x 150 driveway through wetlands in the estuarine shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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. t- 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 atta hed omments. Signed !� !� t� Date 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 IDEHNFR Y REc�.�vEO 6 MARS 5 e�£Nc February 16, 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: Clay B. Foreman, Jr. Project Location: 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County Proposed Project: To construct a 9' x 150' driveway through wetlands in the estuarine shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 8, 1996. If you have any questions regarding the proposed project, please contact Frank A. Jennings, III 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 ttached comments. C Signed to the project for reasons described in the Date 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 February 29, 1995 MEMORANDUM /, . 1:3EHNF=1 TO: Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways FROM: John Parker, Jr. Major Permits Processing Coordinator N1 o g1p996 MpNA6EMENt SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Clay B. Foreman, Jr. PROJECT LOCATION: 1808 Rivershore Road, Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To construct a driveway through wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 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 _Z 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 atta ed c ents. Signed Date 3 I f 9 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 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 February 29, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History IDFEE HNF1 FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Clay B. Foreman, Jr. PROJECT LOCATION: 1808 Rivershore Road, Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To construct a driveway through wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth continents 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. Signed �Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper NC DEhI lily EN IVY 'CI F,ay :'' i -7-733- a959 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management JamesR Hunt, Jr., Govemor Jonathan S. Howes, Secretary A. Preston Howard, Jr., P.E., Director FAX TO: If9i�:i�ifl�i»ra FROM: NO. OF PAGES INCLUDING TIES SHEET: COMMENTS: Jun 18 '96 7:31 P.01/02 Environmental SClonces Branch - 4301 Reedy Croak Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX 9 733.9959' An Egw.d CR=?tUn4y Pigm%"w Action E"V40V r 50%myQW tMD'y. pad cumuner paper • M R PIS DEM LIQ EHV'3C1 Fax:919—,"J:% 53959 Jun IS '96 i :31 P.02/02 State of North Carolina nepartment'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 I& Clay B. Foreman, Jr. 1808 Revershore Road Elizabeth City, NC 27909 Dear Mr., Foreman: Juno 17, 1996 Pasquotank County DEM Project # 960190 You have our approval to place fill materiel in 0.07 acres of wetlands of waters for the purpose of constnacting a driveway at your home at 1808 Rivetshom Road, Elizabeth City, as you described in your application dated 18 April 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 Managoment under Section 401 of tltr'Clean Water Act. If you have any questions, please telephone John Dorney At 919-733-1786. Sincerely, . R n 110 ard,�Jr. P.E. Attachment II cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files Doug Huggett DCM 960190.1tr EnvironmoMal Sciences Branch. 4401 R®edy Croak Rd.. Raleigh, NC 27607 Tel©phone 919-733-1786 FAX 0 733.9959 An Equal Opportunity Atiirmativo Action Employer • 50% reccycladli0% post consi mar 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. Clay B. Foreman, Jr. 1808 Rivershore Road Elizabeth City, NC 27909 Dear Sir: AFTWMAA [DEHNFR This letter is with reference to your application for a Coastal Area Management Act Major Development permit to carry out construction on property located adjacent the Pasquotank River, 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. 113A-122(c) which would make July 15,1996 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, if you have any question on the status of your application, do not hesitate to contact this office. DH/aw Very sincerely, V-,, tip, Doug Huggett Asst. Major Permits Coordinator cc: Frank Jennings DCM-Elizabeth City DCM-Morehead City P.O. Box 27687, ��y. FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N�Cf An Equal Opportunity/Affirmative Action Employer Voice919-733-2293 50% recycled/10% post -consumer paper DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Evi P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF April 19, 1996 Regulatory Branch Action ID No. 199601382 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 revised application B. Fa*a4VVWWr. for a Department of the Army (DA) permit to place fill material in wetlands to construct an additional residential driveway, on property located at 1808 Rivershore Road, adjacent the Pasquotank River, 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 condition(s) be included in the State authorization: 1. The authorized alignment of the proposed driveway will be located 15 feet landward of the location identified in your original proposal. 2. The driveway must be culverted, or otherwise designed to prevent the restriction of, and to withstand, expected high flows and the movement of aquatic organisms. 3. No vegetated wetlands will be excavated or filled outside of the permitted area. 4. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5. 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. 6. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. ATtZ/Vto ,24 COASTAL MANAGEMENT -2- Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Ralelan.S. Regulatory Project Manager 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 Regulatory Branch Action ID No. 199601382 March 26, 1996 Clay B. Foreman, Jr. 1808 Rivershore Road Elizabeth City, North Carolina 27909 Dear Mr. Foreman: On February 20, 1996, you applied for Department of the Army (DA) authorization to place fill material in wetlands to construct an additional residential driveway, on property located at 1808 Rivershore Road, adjacent the Pasquotank River, Elizabeth City, Pasquotank County, North Carolina. After review of your proposal, the National Marine Fisheries Service recommended denial of your application by letter dated March 13, 1996 (copy enclosed). These recommendations are due to anticipated adverse environmental impacts. Our administrative process provides you the opportunity to propose a resolution and/or to rebut any and all objections before a final decision is made. In this regard, I would appreciate being made aware of your intentions, in writing, on or before April 9, 1996. Mr. Raleigh Bland of the Washington Regulatory Field Office, telephone (919) 975-1616, extension 23, is responsible for processing your application and is available to assist you in coordinating with the review agencies. Sincerely, Raleigh Bland, P.W.S. Project Manager Regulatory Branch Enclosure Copies Furnished (without enclosures): My". John Parker $ivision of Coastal Management North Carolina Department of Environment, Health and Natural ResourcesV Post Office Box 27687 Raleigh, North Carolina 27611-7687 -2- Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement 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, N.E. Atlanta, Georgia 30365 •+f w� UNITED STATES DEPARTMENT OF COMMERCE p National Oceanic and Atmospheric Administration F I NATIONAL MARINE FISHERIES SERVICE %mof Southeast Regional Office 9721 Executive Center Drive North St. Petersburg, Florida 33702 March 13, 1996 Colonel Robert J. Sperberg District Engineer, Wilmington District Department of the Army, Corps of Engineers o �9 P. O. Box 1890 ACJ MAR Wilmington, North Carolina 28402-1890 t Attention Raleigh Bland Dear Colonel Sperberg: In accordance with Part II, Section 4 of the current Memorandum of Agreement between the Departments of Commerce and the Army, I am offering the following comments on permit application 199601382(GP) dated February 21, 1996. The applicant, Mr. Clay B. Foreman, Jr., proposes to construct a driveway in wetlands on his property at the Winslow Acres subdivision near Elizabeth City, Pasquotank County, North Carolina. The purpose of the work is to replace an existing driveway with a new driveway with a different alignment. The proposed project consists of placing 180 cubic yards of fill material in wetlands to construct a 160-foot-long by 20-foot-wide stone surface driveway through wetlands. The fill material would be from an upland source. The project area consists of 1.13 acres of upland and 0.63 acre of wetland located adjacent to the Pasquotank River. The wetland area is directly connected to the river and is primarily vegetated with bald cypress (Taxodium distichum). During periods of high water, wooded swamp forests export organic material that is an important component of the detrital based aquatic food chain. They also serve to remove sediments, nutrients, and pollutants from upland run-off before it reaches surface waters.' In addition to water quality maintenance functions, these wetlands, in conjunction with the Pasquotank River, also provide habitat for anadromous 'Wharton, C.H., W.M. Kitchens, E.C. Pendleton, and T.W. Sipe. 1982. The ecology of bottomland hardwood swamps of the Southeast: a community profile. U.S. Fish and Wildl. Serv., Biol. Ser. Prog., Washington, D.C. FWS/OBS-81/37. fishery resources.2 Fishery resources of commercial, recreational, and ecological importance that utilize the project area as habitat include the anadromous blueback herring ( losa aestivalis), alewife ( losa pseudoharengus), hickory shad ( losa mediocris), white perch ( orone Americanus), and striped bass ( orone saxatilis). Based on our knowledge of the project area and coordination with the Wilmington District, Corps of Engineers (COE), we have determined that the proposed placement of fill in these wetlands would be detrimental to National Marine Fisheries Service (NMFS) trust resources. The NMFS is opposed to any work that would adversely impact fishery resources, especially if alternatives are available. Furthermore, this work is not consistent with the Environmental Protection Agency's Section 404(b)(1) Guidelines. These guidelines, developed pursuant to the Clean Water Act, prohibit the discharge of dredged or fill material for non -water dependent proposals in wetland areas if there is a practicable alternative which would have less impact on the aquatic ecosystem. These guidelines further specify that for non -water dependent activities proposed in wetlands, practicable alternatives which do not involve wetlands are presumed to exist unless clearly demonstrated otherwise.3 Clearly, the construction of a dependent activity. In tl alternative of continuing to avoiding any loss of valuable that federal authorization Alternatively, the applicant driveway. n additional driveway in not a water Lis case, the applicant has the use his existing driveway, thereby wetlands. Therefore, we recommend of this project not be granted. can continue to use his existing Andreas Mager,/Jr. Assistant Regional Director Habitat Conservation Division 2Copeland, B.J., R.G. Hodson, S.R. Riggs, and J.E. Easley, Jr. 1983. The ecology of Albemarle Sound, North Carolina: an estuarine profile. U.S. Fish and Wildlife Service, Division of Biological Services, Washington, D.C. FWS/OBS-83/01 68 pp. 3Clean Water Act, Section 404(b)(1) Guidelines, 40 CFR, Part 230. CC: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC SAFMC, Charleston, SC F/SE02 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF February 22, 1996 Regulatory Branch Action ID No. 199601382 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 Clay B. Foreman, Jr. for Department of the Army (DA) authorization and a State Water Quality Certification to place fill material in wetlands and construct an additional residential driveway, on property located at 1808 Rivershore Road, adjacent the Pasquotank River, Elizabeth City, Pasquotank County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by April 22, 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 Project Manager Enclosure /Cppies Furnished (without enclosure): M'r * John Parker Division of Coastal Management North 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 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF February 22, 1996 Regulatory Branch Action ID No. 199601382 l Clay B. Foreman, Jr. 1808 Rivershore Road Elizabeth City, North Carolina 27909 Dear Mr. Foreman: .i 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 February 20, 1996, for Department of the Army (DA) authorization to place fill material in wetlands and construct an additional residential driveway on your property, located at 1808 Rivershore Road, adjacent the Pasquotank River, Elizabeth City, Pasquotank 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 404 of the Clean Water Act, has been assigned Action ID No. 199601382. It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office, at telephone (919) 975-1616, excension 23. Sincerely, Raleigh Bland Project Manager Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Di sion of Coastal Management rth Carolina Department of Environment, 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 Ms. L. K. (Mike) Gantt 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 11 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINE'; P.O. BOX 1890 1J/! WILMINGTON, NORTH CAROLINA 2W)2- R REPLY TO ATTENTION OF Regulatory Branch } p Action ID. j I -IV 0 1 J DI Applicant Mr. Larry Hardy National Marine Service, NOAA Pivers Island Beaufort, North Fisheries Carolina 28516 Ms. L. K. (Mike) Gantt 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 PtCOVED FEB 23 1996 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 f• i EIZ4 LI Regional Office Division of C astal Management North Carolina Department of Environment, Health and atur_a Resou ce p J Q• Gentlemen: Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your Your comments and/or recommendations would be appreciated on or before d cl�+ 2� Questions or comments may be addressed to Regulatory Branch, QS I Field Office, telephone Sincerely, G. Wayne Wright •A Chief, Regulatory Branch Enclosure s' pnN W ® Rerycee Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Clay B. Foreman, Jr. 2. LOCATION OF PROJECT SITE: 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County Photo Index - 1989: 127-8 (K-7) 127-9 (K-16) State Plane Coordinates - X: 2825050 Y: 934500 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/05/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - . Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Elizabeth City Land Classification From LUP - Conservation (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - City Sewer Planned - N/A (F) Type of Structures: Existing - Single Family House Planned - Driveway (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 3,200 square feet (B) Non -Vegetated Wetlands (C).Other (D) Total Area Disturbed: 3,200 square feet (.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUND4ARY: Applicant proposes to construct a 9' x 150' driveway through wetlands in the estuarine shoreline. -F 1 I I m,ts � V-20 fi/-Ito' Gary B. Foreman, Jr. Bio Report Page Two Site Description The applicant owns a 1.76 acre residential lot in the Winslow Acres subdivision located at 1808 Rivershore Road, Elizabeth City, Pasquotank County, North Carolina. The lot is bounded by the Pasquotank River on a side, a residential lot with a home on a side, Rivershore Road on a side and a small natural canal with a wetland buffer area on a side. The lot has 1.13 acres of highground and .63. acres of wetlands. The highground has been developed with a single family residence, a driveway and a lawn and has an elevation of approximately four feet. Other improvements include a boatlift (Certification of Exemption - October 2, 1995) and a bulkhead and dock (previous owner). The wetland area is vegetated with a thick canopy of bald cypress (Taxodium distichum): DEM classifies the waters of the Pasquotank River at this location as SC. Development Proposal In order to construct a driveway for his home, the applicant proposes to fill approximately 3,200 square feet of Estuarine Shoreline wetlands. The dimensions of the fill area are approximately 160' x 20'. The proposal calls for the driveway surface to be approximately two feet above the existing surface and will require approximately 180 cubic yards of fill. The applicant proposes to stabilize the driveway shoulders by installing temporary silt fencing, planting grass and, if needed, rip rap. Two 15 inch culverts are planned to prevent any blockage of water transfer the proposed causeway would produce. The driveway surface is to be stone. CAMA Review/Anticipated Impacts The proposed project involves the Estuarine Shoreline Area of Environmental Concern. The proposed project will result in .073 acres of Section 404 wetlands being filled. No historical/archeological significance is associated with this lot. No endangered or threatened species of plants or animals have been identified in the project area. The lot is not part of any unique geologic formation. A consistency review of the project with the Elizabeth City Land Use Plan will be sent under a separate letterhead. Submitted by: Frank A. Jennings, III Date: February 13, 1996 Form DCM-MP-1 r:._ . . - Q.,. z, . APPLICATION o ,r„ , „ n 5 f (To be completed by all applicants) (' b. City, I community o andmark 1. APPLICANT L &FTA /T y a. Landowner: T Name l /A Y 1/J . O R L /►7 f%�v l, Address_ ��V`iyCRsPoAc RbAP City E I) l i State /V C— Zip 75�� Day Phone Fax J5'33- / b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE: Pernut %iU be issued in name of fmidowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County. &rQ116TAPJ4 c. Street address grr secondary road nunber _ JkjQL K11'EAS616AL.. d.. Is proposed work within city limits or planning jurisdiction?* I/ Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) ➢ ITC is To • &Q 110rAA/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. _ AVIL J A Gw MWJ1A and✓xnVAJ fltbfh TAe A b 7-0 Hov;'a b. Is the proposed activity maintenance of an existing project, new work, or both? 111E W c. Will the project be for public, private or commercial use? A I IIATL' 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. W n u c.b L l k L Td illa d E T"HE r-LigmAir hMvLw&v FRarK-rH, -V'r12kZ-r . lxjeeeO}� b T 6 MQ4674 TD A sPA-t oA/ ms/ ACT wl+/cal WDtljb fdfr Tf/R U T C 7-RCE1' / Time MIMMV WouL9 _kny ONl��ly AtDU1� 1?N9 -I dr s D2rnA/.' crlu/r alt 11,641 a Go/ ? 7d N� FR1m M V/DNiy<K • AT jW- R1lrGAl116RI-1 ADI1/ Revised 03195 _� Form DCM-MP-I 1•I ' `�' ' tribe existing wastewater treatment facilities. 4. LAND AND WATER ............ -- _ Clry WArk'A —AID rsGYRPif CHARACTERISTICS — �v l r i wj P A D to M-r D fti n wA a. Size of entire tract S1 E g7TAe- 40 PIAT n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s)St t Arf 0e-YX) PlA1/ wastewater, industrial/commercial effluent, "wash . • down" and residential discharges.) RA:A/ RdkorF c. Approximate elevation of tract above MHW or d/n ✓ARC — J cp/Rt✓uA wRtK2 T�DCl NWL 019 Foot To t?t4Afk'ant iNedeY QRru tN� FAD►}+ WIND d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. ('IrY wAfL R e. Vegetation on tract C R S-T jQNe• %hCt., tAvmd CkA(rAJ pLF/SA.A/) MAPIV f. Man-made features now on tract P i R S b N A R t z ANTI E1JL9#EfiD OA/ 9 1VtA g. at is the CAMA Land Use Plan land lassification of the site? (Consult the local land use plan.) Conservation Transitional Developed Community Rural' Other - h. How is the tract zoned by local government? Is the proposed project consistent with the applicable zoning? Yes No (Attach zoning compliance certificate, iifappficabk) Has a professional archaeological assessment been done for the tract? Yesy No If yes, by whom? k. Is the :project located in a National Registered Historic District or does' it involve a National 'Register listed or eligible property? Yes t/ -No 1. Are there wetlands on the site? Zyes No Coastal (marsh) Other If yes, has a delineatioh been conducted? Ivy (Mach do=wmadon, If available) 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 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 Z "RANDY FnRl:rnna Address /%Ob /dtR�fiAR1 RO90 Phone Name Address Phone M jPl one ; 90 ' �. f� i >L� r✓ / veils h DROc /i-or9 D 33 J-SI S Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. O Ahz L•" 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 ham d 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. Lam.-.... 6. CERTIFICATION-AND•-PERNIISSION 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 _�L day of —, 191E Print Name l d L' M Ae/ Signature Landowner or �}Lwrized Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form, DCM-SIP-2 EXCAVATION ANDTIL.,L (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. 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 rnnoth Width Death Death 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? _ Yes _ No If yes, where? Revised 03195 Forrd DCM-MP-2 e. Does the disposal area include any coastal wetlands _ ___Y•_If yes, (marsh), SAVs or other wetlands? + `=3�'i�:'! (1) 'Amount of material to be placed in the ✓Yes No ---------- ----------------- water Al b h%L /� a A'- WI it f. Does the disposal include any area in the water.) Yes ✓ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or-NWL e. Shoreline erosion during preceding 12 months (Source of informadon) f. Type of bulkhead or riprap material g. Amount of fill in cubic water level (1) Riprap (2) Bulkhead backfill h. Type of fill material L Source of fill material yards to be placed below 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill aterial be brought to site? Yes No (2) Dimensions of fill area i I - DT Ain l— t/SI- LxNEtu (3) Purpose of fill FOONIATIIN F aR DRldtNp% b. Will fill material be placedjn coastal wetlands (mazsh�, SAVs or othe wetland ✓✓ Yes If yes, (1) Dimensions of fill area ss-yn . (2) Purpose of fill I b Qui LS A .bRllluwAV 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? us,- _r�/T xKuG rS e(i i i�....e e, r.// -raNd /a 1a-r ,..a v'd wash . gJVArmeV Se FA/u wAtYa AUL 1111E/WIND yV�R Gp/'� oUe Wira�vT ! l r l�ri� tV / b. What type of construction equipment will be used (for example; dragline, backhoe, or hydraulic dredge)? ,1> )rn TRUCK 11olLDADIp4 SAND 4 J6l1 SMALL TRACTDI< l,EYJ iNj dAN))YX61 c. Will wetlands be cr3ssed in transp ing equipment to project site? a Yes 7rNo - If yes, explain steps that will be taken to 1 sen environmental impacts. AID MfLc wi CoT At PURPD4r I.f Tb coMltRUc-r DR�veWAY /A/ A/ArOAA/ SM1/02 DF Si✓ ry ,gQ4A uare Revised 03195 FEE-21-19966\\ 08:31 FROM DCM-DMF E. CITY A T\A+ \r��✓JI�J N A L i' J A M P LL TO 1 700 733 1495 P.02/03 `( �1 Fv12��1fiA1 0 Ck)okr- UA mu�apei ja r . r:jiu1 I a. \ weeb.;ue v ILL 1L Rte C M a l c F E x•_ £0'd imoi e� ''OS• 4s ,� _1C h N Oj mi nr; p i. liC( °�mar V � rsxr rm F 1� m wl �I 19)V q A V Z £0/£0'd S6VT ££L 00L T 01 AIIJ 'A dWQ-WJQ WOad 2£:80 966T-TR-83d sz-ope -%o be seepc-,p Avo S 4,g81l IZlf D AFTce II COm plc--9oN, r.14,-R G/o-A N%//' be Used �-O �r('PIJPNT eRost ON. P-r w>7Te>e �- F COPY B. p/Rl vecolqr ELIzA3k rN 2 / S/ore FoReMAN SR, PR0P0SRL CITY , N, c, Scale ) ": 3 : . gm I rTeD'� oq-re � J^/Sys Mlly- 'Smlernce G"4k h PI AD F*, / l AV' 'XIsTIN3 wEL i VATlvn/ S t( CLAY B. FO"RE M AN, JR. oArk ' ELIZA 13ETH CITY, NORTH CAROL I N A s$-RECORDED LOT 19, PARTN MAPLOT 88 X)K I I PAGE 65ACRES SCALE I INCH=60FEET NOV. 29, 1982 REG. SURVEYOR Sa.19 o�/iw�• //•.. �. �a/../swYiry rf1�. /./, l.1.19•(vw.�./cr 1/%�/.1 . j err.//i�r. ✓.'!.l C. J. /7. .b ii I...��./ L PASQUOTANK 3/• L3 • l lS/.r'•s./O'L LL I 3H•[�• 1_StJD �9 yArf�� a� �Do�walR� F� 96.90. `\ s V w RIVER �107110 1 ll 11 1, n I being the tract described in plat and survey dated August 26, 1959 of record!in Map Book 2, Page 101 of the Pasquotank County Public Registry entitled in part "Katherine Boyd Derrickson" prepared by S. Elmo Williams, Registered Surveyor, incorporated herein by reference. j The tract herein described consisting of those two tracts designated as Lot 18 and 19, "Winslow Acres Section A, as shown on plat of W. J. Overman, Registered Surveyor, dated May 10, 1946 of record in biap Book 1, Page 65 of the PasquotankCounty Public Registry, conveyed to Shirley P. Culpepper et vir by deed of record in book 135, Page 307 of said Registry; conveyed by Shirley P. Culpepper et vir by deed of record in Book 158, Page 402 of said Registry to Forrest V. Dunstan et ux; and conveyed by Forrest V. Dunstan et ux by deed of record in Book 211, Page 90 of said Registry to Katherine Boyd Derrickson less and except that certain strip and portion of. lot:'#18, "Winslow Acres", Section •A conveyed to.Dr. John F: Weeks et ux by Forrest V. Dunstan et ux by deed of record in Book 175, Page 339 of the Pasquotank County!Registry more particularly described therein. See that certain line agreement dated November 4, 1960 by and between Dr. John F. Weeks et ux and Katherine h Boyd Derrickson et vir of record in Book 231, g of the Pasquotank County Public Registry establishing the eastern line of the tract herein described as same now exists and as set forth above. Any and all rights and privileges Grantor possesses or owns to the thread or center of the stream -or branch separating the tract above described and the property now or formerly known as the J. A. Byrum property are also conveyed hereby. Said property is sold Gubject to those Restrictive Covenants as appear ofrecord in the chain of title to said property, including but not limited to those set out in deed of record in Book 211, Page 90 of the Pasquotank County Public Registry as modified or affected by agreement of record in Book 173, Page 114 of said Registry. Taxes for the year 1980'`have been prorated and a sum of money paid by the Grantor to the Grantees as their prorata share thereof and the Grantees assume the payment of said 1980 tares. TO HAVE AND TO HOLD theaforesaid parcel of land with all .privileges and appurtenances'thereunto belonging unto Grantees, their heirs and assigns, in fee simple forever. Grantor, for herself and her heirs,'executors, administrators covenant to -and with the Grantees,their heirs and assigns, that she is seized of said premises in fee and NORTH`CAROLINA I DRAWN BY: WILSON & ELLIS PASQUOTANK COUNTY ! BY: M. H. HOOD ELLIS 1 THIS DEED made this day of June, 1980 by KATHERINE BOYD DERRICKSON, widow by and through her duly constituted Attorney in Fact, HARRY W. GARD, Grantor to CLAY,_ .,FOREMAN, JR. and wife, MARY ANN G. FOREMAN, 1808 Rivershore Road, Elizabeth s City, N. C. 27909, Grantees;_ W I T N E S S E T H i That for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) and other valuable considerations to them i in hand paid, the .receipt of which are hereby acknowledged, Grantor..: has. bargained and sold and by these presents does hereby bargain, sell and convey unto the Grantees, their heirs and assigns, the following described property: That certain tract or parcel of land in Nixonton Township, Pasquotank County, N. C. and more particularly described as follows: Beginning at an iron pipe marking the northwest intersection of River Road and Rivershore Road; thence N 770 30' W, 41 feet along the northern right of way line of River Road to a point marked by an iron pipe located.lin the northern right of way line of River Road;;thence N 21° 50' E, 118.6 feet along and in a ditch forming the western boundary of the tract herein described to a point; thence N 170 30' W, 118 feet along and in said ditch -'to a point; thence N 62° 10' W, 116 feet.along and in said ditch to a point; thence N 14° 30' W, 132 feet along and in said ditch to a point marking the end of a bulkhead; thence along the bulkhead forming the northern boundary of the tract herein described and separating same from the Pasquotank River N 80 18' W, 51 feet to a point; thence along said bulkhead N 79° 27' E, 28 feet to a point; thence along said bulkhead S 110 23' E, 38.5 feet to a point; thence along said bulkhead N 86° 47' E, 63 feet to a point; thence Along said bulkhead N 76° 47' E, 177 feet to a point; thence along said bulkhead S 80 53' E, 21.2 feet to a point marked by an iron pipe and being the end of said bulkhead; thence S 8° E 226.3 feet along the property now or formerly belonging to Dr. John F. Weeks to a point marked by a concrete stone or monument; thence along said Weeks line S 27' 18' E, 69.2 feet to a point marked by a concrete stone or monument lying in the northwesterly right of way of Rivershore Road (Right of Way width 50 feet); thence I- along the said northwesterly right of way of Rivershore Road S 440 07' W, 236.3 feet to the point and place of beginning being an iron pipe marking the northwest intersection of River Road and Rivershore Road. Same DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Clay B. Foreman, Jr. 2. LOCATION OF PROJECT SITE: 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County Photo Index - 1989: 127-8 (K-7) 127-9 (K-16) State Plane Coordinates - X: 2825050 Y: 934500 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/05/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Elizabeth City Land Classification From LUP - Conservation (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - City Sewer Planned - N/A (F) Type of Structures: Existing - Single Family House Planned - Driveway (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 3,200 square feet (B) Non -Vegetated Wetlands (C),Other (D) Total Area Disturbed: 3,200 square feet (.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct a 9' x 150' driveway through wetlands in the estuarine shoreline. {•II Itm.tS Gary B. Foreman, Jr. Bio Report Page Two Site Description The applicant owns a 1.76 acre residential lot in the Winslow Acres subdivision located at 1808 Rivershore Road, Elizabeth City, Pasquotank County, North Carolina. The lot is bounded by the Pasquotank River on a side, a residential lot with a home on a side, Rivershore Road on a side and a small natural canal with a wetland buffer area on a side. The lot has 1.13 acres of highground and .63. acres of wetlands. The highground has been developed with a single family residence, a driveway and a lawn and has an elevation of approximately four feet. Other improvements include a boatlift (Certification of Exemption - October 2, 1995) and a bulkhead and dock (previous owner). The wetland area is vegetated with a thick canopy of bald cypress (Taxodium distichum), DEM classifies the waters of the Pasquotank River at this location as SC. Development Proposal In order to construct a driveway for his home, the applicant proposes to fill approximately 3,200 square feet of Estuarine Shoreline wetlands. The dimensions of the fill area are approximately 160' x 20'. The proposal calls for the driveway surface to be approximately two feet above the existing surface and will require approximately 180 cubic yards of fill. The applicant proposes to stabilize the driveway shoulders by installing temporary silt fencing, planting grass and, if needed, rip rap. Two 15 inch culverts are planned to prevent any blockage of water transfer the proposed causeway would produce. The driveway surface is to be stone. CAMA Review/Anticipated Impacts The proposed project involves the Estuarine Shoreline Area of Environmental Concern. The proposed project will result in .073 acres of Section 404 wetlands being filled. No historical/archeological significance is associated with this lot. No endangered or threatened species of plants or animals have been identified in the project area. The lot is not part of any unique geologic formation. A consistency review of the project with the Elizabeth City Land Use Plan will be sent under a separate letterhead. Submitted by: Frank A. Jennings, III Date: February 13, 1996 Form DCM-MP-1 APPLICATION NOV w � ;, (To be completed by all applicants) ' ! •------------------------.._. b. Citywn, community op -landmark 1. APPLICANTS t3e7fl C.trY a: 'Lando' er: Name ( /A 0 /i L /rl pA% v IY Address _ 09 RI M P St!IOAE pl bA P City E II ]it State ' /V ' -` Zips 2y61 Day Phonea—F�.�.� 7 �7 Fax (633s l G G b. Authorized Agent: Name Address City State Zip Day Phone Fax c. Project name (if any) NOTE: Perndt will be issued in � of lando r(s), andlor project name. 2. LOCATION OF PROPOSED PROJECT a. County F Q 11d 1-Aael c. Street address ppi secondary road nun)ker k� 9171L,EASFIb2r{ /`bAb d. Is proposed work within city limits or planning jurisdiction? ' ✓ Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) 1)ITCO Ta ?MIL WAAI+ 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. T-ROrn r.4E RD b To- my Rbv. I,' b. Is the proposed activity maintenance of an existing project, new work, or both? A14 W c. Will the profec� be for public, private or commercial use? I'R 11/ATLf d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach Revised 03/95 .1 Form DCM-MP-1 4. LAND AND WATER ............... CHARACTERISTICS a. Size of entire tractSZ4 A7TAcH40 P/AT b. Size of individual lot(s)StZArric-No PIAy c. Approximate elevation of tract above MHW or NWL Me FOOT TO Lr4Af-com ;AeF1y d. Soil type(s) and texture(s) of tract e. Vegetation on tract R tY egy'r %hru 40 rpAcf EJ pGryS/PA/I IDAPAJ f. Man-made features now on tract P C S b IV A) RChu Anla RaggfAD oAl kjvtA g. at is the CAMA Land Use Plan land lassification of the site? (Conwh the local land we pion.) Conservation Transitional Developed Community Rural' Other - I . h. How is the tract zoned by local government? i. j• k. Is the proposed project consistent with the applicable zoning? Yes No (Anach Zoning compliance cenificae, if applicable) Has a professional archaeological asses ;ment been done for the tract? Yes A/ No If yes, by whom? Is the :project located in a National Registered Historic District or does' it involve a National Register listed or eligible property? Yes -No . Are there wetlands on the site? V .Yes No Coastal (marsh) Other - If yes, has a delineatiofi been conducted? ' AJd (Anach doeumenladon, if available) N cribe existing wastewater treatment facilities. tf)/ WAf&A —AID t JXe.4 A6'E Ri-�U11-, re r-ROm TH/J 1iRl44WB 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.) RASA/ Rd#g" FR,Om ✓AR] — l/Jc�J/R1dcR wAfe2 2Rrul �N� FRdI'n WrND .TA�,C1 o. Describe existing drinking water supply source. CArY wAfAl R 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by II' white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the 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 0AV Z uICW v FbRonAN Address /%db dt'R&DRe, RDA Phone 9 LL Name M_V1 D&I i fi(i-V / Address /L/9Z /OCAOSAVAC (RAID Phone 915 — 33 S- SO / S- Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. AM l )i L•" 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. r ,� � ill • 'A"J� � 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. i U q ' This is the 1S day of N 0 , 191L� Print Name l Signature I Landowner or riled Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM W-4 Structures hrformation _ 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-I. 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 Length Width Depth Depth 1995 I11,1 1. "EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? — Yes — No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED. MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim tide to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands Jlfyes 1 (marsh), SAYS or other wetlands. +`t i JI�:' (I) -Amount of material to be placed in the � z.. ✓Yes No —water A/ D N L: (2) Dimensions of fil/C re )A'= W1A7j) f. Does the disposal include any area in the water? Ata 3.r1 tfS - I AAwtu Yes ✓ No (3) Purpose of fill FevN)AMN F aA DR11/ENAy 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL b. Will fill material be placedjn coastal wetlands (marsh), SAVs or othe wetland Yes If yes, (1) Dimensions of fill area - zs—ya .. • (2) Purpose of fill TA QO! L-b A DR1�lL'wAy 5. GENERAL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of infor don) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill _aterial be brought to site? Yes No a. How will excavated or fill material be kept on site and erosion controlled? ASE silr FAI v4 t1 &A . 01PRO Sj �i// JAND�d1A? Woa/1' lvAf 0 Al96 i/AN i D P/Act CD ✓dBrf ONUR )1RfdGwA✓ So QA/U A/Att?t 404 fl'.E WIN+) WAI.en (-Ati /naak wlryi✓T L1T 1cr rV b. What type of construction equipment will be used (for example,' dragline, backhoe, or hydraulic dredge)? .DJ)rnF TRU(R OULOAd1N4 SAND 4 Ja).l SMAB TRAcTDA LEY 1N) tMa-(70f c. Will wetlands be cr3ssed in transp ing equipment to project site? Yes t No If yes, explain steps that will be taken to l sen environmental impacts. AID TR err t w/ / QZ: C b-r Ar PURPDSC is Tb _ r_&XrrR U4-T wAY /A/ h/ArDAA/ SZ77102 DF S+✓AmP�I ,gQ4A Date or rn )9N Revised 03195 FcE--: -155E. AS:31 FPO!'1 _IUM-DT,F E. :-ITY TO 1 79E 773 1495 P. E12/03 4 Q JAW O 10n � ax °c•to G yp ( RIVER A Al P "+ ivt 4 1p60 • Ise s � 'R.. � » I' LIZAB TM CIT t 10 FAS �/ / • `= � lard � s L.0_^ : Q) ya Nuc�'p�A.µvl ` v—� r I»..an0. `� ♦ ryb. SIB ' y p \ t�qu !i2 'iP: 'JAI two i�� . w 4TE Aq p )\� N6mpn 4•yl e � lip` X LEFY i� F r O •1.. i �\\\�Y ' 1 � • _mom ' p ,r C , B _ ,>a O I Al 4 1 c ! E i f^—DMF E. C I ; Y AtlL LIU nv V;n *y La C� i t�. Fc, )) /bM) COUN �:sc y • LJTiiL P. i i Slope 4o be seeoep ,9vo ,54,9B/4/ZxfA A r--e I COM FICTION. �.�T�'P�Q C/odti 10111 be used f-o 'o keuewr eposlDiv. P-r wf�Te�2 E— COPY 3. DPI vet. q EL17ABFTN FoReMAN SR. PI2OPosaL C /T r , /,/. C, - a Ff _ Ao' Scale 1 ". 3 •Su_gst i rTeD Al,, 1 ogre : J"/Sys noFlR- suRrAce (cl4xCh WeiLANv ,9'VP F'i/l i -tF- Kisr/n LLCVilrIoA/ SQ.CA,ITT<i1I --.... .. .._... _._... Af-s yz i Xz' 6s -CLAY B. FORE M AN, JR. ELIZA6ETH CITY, NORTH CAROLINA TS-LOT 19, PART OF LOT 18 IN WIN SLOW ACRES — RECORDED IN MAP B(:X)K I PAGE 65 SCALE I INCH=60FEE7 NOV. 29, 1982 REG. SURVEYOR s s. f/i. J✓i/. L. Jy r•.l ey {/.r ii l' d�iir• iii.... �a/.•/,rfr.1• .sfi. /../, !.l.19.[v...y ✓tr �1L %3 2o-'K' 9d•90' PASQUOTANK 38• r�� 1790' �jS. f9•�..� /3z.tS' AyZ 4 �Z'et' 3r�•' RIVER px . RJE0 •J0 5= s" 69' 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 i February 29, 1996 MEMORANDUM TO: Mr. Joe Henderson, Acting Director State Property Office Department of Administration 1\ •: • � FE F1 FROM: John Parker, Jr. Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Clay B. Foreman, Jr. PROJECT LOCATION: 1808 Rivershore Road, Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To construct a driveway through wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 22, 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 atta .hed comments. Signed k Date {o P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Clay B. Foreman, Jr. 2. LOCATION OF PROJECT SITE: 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County Photo Index - 1989: 127-8 (K-7) 127-9 (K-16) State Plane Coordinates - X: 2825050 Y: 934500 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/05/95 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Elizabeth City Land Classification From LUP - Conservation (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - City Sewer Planned - N/A (F) Type of Structures: Existing - Single Family House Planned - Driveway (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands 3,200 square feet (B) Non -Vegetated Wetlands (C).Other (D) Total Area Disturbed: 3,200 square feet (.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUMMARY: Applicant proposes to construct a 9' x 150' driveway through wetlands in the estuarine shoreline. I I I m,is Gary B. Foreman, Jr. Bio Report Page Two Site Description The applicant owns a 1.16 acre residential lot in the Winslow Acres subdivision located at 1808 Rivershore Road, Elizabeth City, Pasquotank County, North Carolina. The lot is bounded by the Pasquotank River on a side, a residential lot with a home on a side, Rivershore Road on a side and a small natural canal with a wetland buffer area on a side. The lot has 1.13 acres of highground and .63. acres of wetlands. The highground has been developed with a single family residence, a driveway and a lawn and has an elevation of approximately four feet. Other improvements include a boatlift (Certification of Exemption - October 2, 1995) and a bulkhead and dock (previous owner). The wetland area is vegetated with a thick canopy of bald cypress (Taxodium distichum): DEM classifies the waters of the Pasquotank River at this location as SC. Development Proposal In order to construct a driveway for his home, the applicant proposes to fill approximately 3,200 square feet of Estuarine Shoreline wetlands. The dimensions of the fill area are approximately 160' x 20'. The proposal calls for the driveway surface to be approximately two feet above the existing surface and will require approximately 180 cubic yards of fill. The applicant proposes to stabilize the driveway shoulders by installing temporary silt fencing, planting grass and, if needed, rip rap. Two 15 inch culverts are planned to prevent any blockage of water transfer the proposed causeway would produce. The driveway surface is to be stone. CAMA Review/Anticipated Impacts The proposed project involves the Estuarine Shoreline Area of Environmental Concern. The proposed project will result in .073 acres of Section 404 wetlands being filled. No historical/archeological significance is associated with this lot. No endangered or threatened species of plants or animals have been identified in the project area. The lot is not part of any unique geologic formation. A consistency review of the project with the Elizabeth City Land Use Plan will be sent under a separate letterhead. Submitted by: Frank A. Jennings, III Date: February 13, 1996 .Form DCM-MP-I APPLICATION (To be completed by all applicants) ---------------------------- b. City, �ppwn, community andmark o 1. APPLICANT 434VI jrY a: Landowner:T A71�AAQJ v %� Address_l �a �IUL"RS�IORE pIDAD City / E I) ! State Zip M1 Day Phone / .3�s`57�� Fax 925 3- l G G 2 b. Authorized Agent: Name Address City State Zip Day Phone Fax C. Project name (if any) NOTE. Permit will be issued in r of landm r(sj, and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County rQ 1/d 1'AA14 c. Street address 99,{r secondary road number d. Is proposed work within city limits or planning jurisdiction? ' Yes No e. Name of body of water nearest project (e.g$. river, creek, sound, bay) 11ITCF1 To ?&5VOTAAIIL _R 1 vc:R 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. 8V),Q A J,w V wl-W 11nW-WAt HRDtn rbf RO 2 TO' MY HOuSc' b. Is the proposed activity maintenance of an existing project, new work, or both? A14 W c. Will the project be for public, private or commercial use? ('R I ilra: 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. W L 1-d Ina d Tuttwovk H DLL Faom Talc d 10) rid Revised 03/95 JI l Form 13CM-MP-1 , cribe existing wastewater treatment facilities. 4. LAND AND WATER ___ C1�'V WAr&A — o rs�+� As[ CHARACTERISTICS - - - -- — vlrenj FAam THIS J)0JYc• 04 a. Size of entire tract SZ4 ATTAc4lk0 FIAT n. Describe location and type of discharges to waters n of the state. (For example, surface runoff, sanitary b. Size of individual lot(s)Se eA r* A(-NK) 1-/P 1y wastewater, industrial/commercial effluent, "wash down" and residential discharg$es.) PA; A/ ROWP c. Approximate elevation of tract above MHW or dm ✓ARC — 111�N/R!✓e2 wArrR NWL QJU Foot To LrITRr_-oN i1jegg r FRJJh "WiAtD 71btJ d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. rI wATL R e. Vegetation on tract QPfirJs-t 8#4r %hcrThCrt t;Aano/ CRAcr4j f I/ mNoltt . f. Man-made features now on tract >Q G S i7 M iq N�mc Apo $ULKf1 fAD ou l v6/�, 5. ADDITIONAL INFORMATION at is the CAMA Land Use Plan land g' In addition to the completed application form, the lassification of the site? (Con:a11 rho local land we plan.) C 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 No (Anach Zoning compianca cerdfica a if applicable) • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black j. Has a professional archaeological asses§ment been ink on an 8 1/2" by 11' white paper. (Refer to done for the tract? Yes No Coastal Resources Commission Rule 7I.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 -No 1. Are there wetlands on the site? Zyes _ No Coastal (marsh) Other - If yes, has a delineation been conducted? �d (Anach dam"wmauon, 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 Z „AANB v FOWnAN Address 19d& &AC#SIPC' ROA Phone Name Address /Iw/ ,Z. elvfp5A aRe A'0,90 Phone 90 ^ 33S- 50 / S Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. nl v I )-� Imo" 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. 6. CERTIMATION 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. Ibis is the 13—i day of ►�_, 191/ Print Name l d r MAN Signature ' landowner or rued Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development _ DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-2 EXCAVATION ANDTILL (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.(NVlL) Canal Boat basin Boat ramp Rock groin . Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Ue th Width Deoth Devitt . 1�jic qI 1,10V 2 iJS5 L2 ._ai✓ 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED. MATERIAL. a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area maintenance? —Yes If yes, where? be available for future _ No Revised 03l95 Form DCM-MP-2 e. Does the disposal area include any coastal w (marsh), SAVs or other wetlands? ✓Yes No f. Does the disposal include any area in the water? Yes ✓ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL i Is If yes, i 'Amount of ----------------- water _, (2) Dimensions (3) Purpose of fill l to be placed in the fill area / T A b. Will fill material be placedNin coastal wetlands (marsh , SAVs or othe wetland Yes If yes, (1) Dimensions of fill area ,?s-yD (2) Purpose of fill i d IS111 L-b A DR 1Ila wAt/ 5. GENERAL a. How will excavated or fill material be kept on site e. Shoreline erosion during preceding 12 months and erosion controlled? LUE s11r xKuC L 6(L (Source of infor fion) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill aterial be brought to site? Yes No -1R1dDNa✓ Se QAie wAtra A1(o tid�E/W�N9 WAT A'CAN /AOUr wiryrvT �1r I�ritN b. What type of construction equipment will be used (for example; dragline, backhoe, or hydraulic dredge)? J)arnp TRUCK UULeAD/,va SAND a J011 SmAI) 7RAcTDr• I EY4 T rAN1] c. Will wetlands be cr3ssed in transp ing equipment to project site? Yes t No If yes, explain steps that will be taken to Ie,sen environmental impacts. AID rRe4-C wi/! Qa` CD'r Ar PURPaSC Gf Tb coKf1'RUCT iJQ t V� WA /A/ h/ArVAA/ SCTf V2 br SwAmP�/ ,lla�`A uate Revised 03195 FED-21-1996 09:31 FROM DCM—DMF E. CITY TO 1 700 733 1495 P.02iO3 ♦ � A 'YN ♦Y �S 1' �" • 11 \ O M P uta �� ,s aa•:oG !}d ' RIVER A AS P d "' 1 � � rM it`4 :�' •" !I t° 2 ISB f �p 7. s•`•° EL12AB TH'G h cs e � , ree3 e ' eerT Cry if �� •e.a aeei ° o to Iv `71md uyr a 1!0_^ . 3. AC AG S �\ •\�\ r� rmenQ! �C —� v 7 iLriq ^ J ♦ 1 kN. s /SiQ! `.` P /. al S r .. a A'f Ms �j ,r. a 1��\ �� Q ♦\ `♦\ W13- ILA 1 nre P prof; � _^ y0.yy •. 1 y `\. iyr lAli .11., i ii{1 ' p'EW�'E it y `1ow cl l ..r °. ♦ !Ue -y Was, A7 A I n t E FEB-21-1996 09:32 FROM DCM-DMF E. CITY .w: la'A TO 1 700 733 1495 P.03iO3 I.V6'°zvff '/.0 tm ohs. Ay DCC T _ -ry tY utt� sop TOTAL P.03 Scale I ": 3 r , C L A r B. FoReM41N SR, DflIUe-Wfil PI2OPOS,4L EL[ZA1B TH Sug b l rTejD SLope -%o be See,9e,D ogre : J"/Sys Au0 ,5 4,98/l /Ze A AFree CoM /ilCi-ioN, r-14e e c-/--14 lot // be USecL '1'O p keveNr eposr Po. MAKE SN�P�14Ce G"-1/�;ck /SANv F;1/ FT - - _ L.J7ITC9 we.7"L AN iD 2 Clore r -c XIST/v� CLLVpTIojU Su MiTr- CLAY B. FOREMAN, JR. Dark ELIZA SETH CITY , NORTH CAROL I N A 19, PART OF LOT 18 IN WINSLOW ACRES RECORDED IN MAP B(X)I( I RAGE 65 SCALE I INCH=60FEET NOV. 29, 1982 REG. SURVEYOR �/�i/�1 .� �.�./ii..e N.'�%' C.J. �7. b �i Iri� i.• PASQUOTANK RIVER 'ow * 04 .Ye•E 6s. f o �1G is 's '. w 96•go R_ �' DIVISION OF COASTAL MANAGEMENT pECE(VED FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Clay B. Foreman, Jr. FEB 1996 REGULATORY BRANCH 2. LOCATION OF PROJECT SITE: 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County Photo Index - 1989: 127-8 (K-7) 127-9 (K-16) State Plane Coordinates - X: 2825050 Y: 934500 n23 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates ofSite Visit - 12/05/95 Was Applicant Present - Yes cc 5. PROCESSING PROCEDURE: Application Received Office - Elizabeth City _ "" 6. SITE DESCRIPTION: (A) Local Land Use Plan - Elizabeth City Land Classification From LUP - Conservation (B) AEC(s) Involved: ES (C) Water Dependent: No (D) Intended Use: Private (E) Wastewater Treatment: Existing - City Sewer (F) Planned - N/A Type of Structures: Existing - Single Family House Planned - Driveway (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: _--- -- [AREA] (A) Vegetated Wetlands 3,200 square feet (B) Non -Vegetated Wetlands I --r- (C).Other (D) Total Area Disturbed: 3,200 square feet (.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: N/A 8. PROJECT SUNDAARY: Applicant proposes to construct a 9' x 150' driveway through wetlands in the estuarine7 shoreline.. Gary B. Foreman, Jr. Bio Report Page Two Site Description The applicant owns a 1.76 acre residential lot in the Winslow Acres subdivision located at 1808 Rivershore Road, Elizabeth City, Pasquotank County, North Carolina. The th a home on a side, Riverlot re lot is is bounded by the Pasquotank River on a side, a residential lot wi Road on a side and a small natural canal with a wetland buffer area on a side. The lot has 1.13 acres of highground and .63 acres of wetlands. The highground has been developed with a single family residence, a driveway and a lawn and has an elevation of approximately four feet. Other improvements include a boatlift (Certification of Exemption - October 2, 1995) and a bulkhead and dock (previous owner). The wetland area is vegetated with a thick canopy of bald cypress (Taxodium distichum). DEM classifies the waters of the Pasquotank River at this location as SC. Development Proposal In order to construct a driveway for his home, the applicant proposes to fill approximately 3,200 square feet of Estuarine Shoreline wetlands. The dimensions of the fill area are approximately 160' x 20'. The proposal calls for the driveway surface to be approximately two feet above the existing surface and will require approximately 180 cubic yards of till. The applicant proposes to stabilize the driveway shoulders by installing temporary silt fencing, planting grass and, if needed, rip rap. Two 15 .inch culverts are planned to prevent any blockage of water transfer the proposed causeway would produce. The driveway surface is to be stone. CAMA Review/Anticipated Impacts The proposed project involves the Estuarine Shoreline Area of Environmental Concern. The proposed project will result in .073 acres of Section 404 wetlands being filled. No historical/archeological significance is associated with this lot. No endangered or threatened species of plants. or animals have been identified in the project area. -The lot is not part of any unique geologic .formation. A consistency review of the project with the Elizabeth City Land Use Plan will be sent under a separate letterhead. Submitted by: Frank A. Jennings, III Date: February 13, 1996 Form DCM-MP-I APPLICATION (To be completed by all applicants) 1. APPLICANT a: Landowner: Name1//� Address City E I) it . Sttate '/V Zip 2 o DDay/Phoojne , /LS-7.s",t Fax b. Authorized Agent: Name Address City Zip Day Phone Fax C. Project name of any) b. City, tpwn, community oplandmark c. Street address g� secondary road nuier — �� IC�visf2.SF)ORt i��zi�) d. Is proposed. work within city limits or planning jurisdiction? " l� Yes No e. Name of body of water nearest project (e.. river, creek, sound, bay) IT Ta FAr VaTAn11Z 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. State) L'W F'WiDe 11n�UdNAi rnE DA m 91—VfLf b. Is the proposed activity maintenance of an existing project, new work, or both? NOTE. Pernds will be issued in name o Jlandawner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County OpAr Q !/ d TA a] j 4 :Revised 03195 c. Will the profec be for use? public, private or commef /11 1/11TL' rcial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. Ifmore space is needed, please attach additional pages. JgD u L l k L T d m a dG Form DCM-MP-1 iiov 4. LAND AND WATER •-- v — CHARACTERISTICS a. Size of entire tractS�G A77AcHk0 pIAT b. Size of individual lot(s)ScxA-r ose-kicI Piny c. Approximate elevation of -tract above MHW or NWL_0i Foot To Cigrzom ;NegU d. Soil type(s) and texture(s) of tract e. Vegetation on tract R Cfrr �Nr %hrri �pa� GRA.Ct� FClusma/) MAplzr f. Man-made features now on tract P e S b N A 1 �mc a,va Ruc1:N •9D nu 1' v i, g. at is the CAMA Land Use Plan land ]ossification of the site? (rawuh the local land are plan.) Conservation Transitional Developed Community Rural' Other h. How is the tract zoned by local government? i. Is the proposed project consistent with the applicable zoning? yes No (Mad, zoning caanwh=ce eeratfacale, ifapPl,amble) j. Has a professional archaeological asses,5ment been done for the tract?: yes �/ No If yes, by whom? k. Is the :project located in a National Registered • Historic District or does' it involve a National 'Register listed or eligible property? Yes -No 1. Are there wetlands on the site?y . yes ' —No Coastal (marsh) Other . If yes, has a delineation been conducted? A3 (Anach daaamaaadon, favallable) Revised 0319S v , existing wastewater treatment facilities. n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrW/commereW effluent, "wash down" and residential dischargges.) EA( /�lluQrF CQdm ✓AR;+ — ,DHc.y /Rlde2 wAir/t �StU/�iN� •FRd/►s WIND TAD�1 o. Describe existing drinking water supply source. C)rY wAf)-t A 5. ADDITIONAL INFORMATION In addition to the completed application form,. the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which' the owner claims title, plus written permission from the owner to carry out the project. ' • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line Prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must.be sufficiently detailed to guide_ agency personnel unfamiliar with the area to the I . 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 "�AIVD r'di(�/�1AN Address J906 YtAC&Jhe-RN Phone Name M)rRlo,v Address [ /�7, / 005 h u4c Fc,40 Phone 4/ 5 '. 33 J - SO77 / S Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. V v nl Lr L, 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. 1 �f ffj 6. CERTM6ATION-7AND•-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 -LI day of l g� 0 Print Name LA 1/ /� F-b Yt e m A N - ) Signature Lwdo ~r or 4=Hud Agent Please indicate attachments pertaining to your proposed project._ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development _ DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. 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.(NWLj Canal Boat basin Boat ramp Rock groin . Rock breakwater Other (Excluding shomline stabilization) Average Final Existing. Project Length Width Depth Denth �" aYia Y 1. EXCAVATION fd51v 2 0 ig95 I: - --ate a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED . MATERIAL a. Location of disposal area b. Dimensions of disposal area C. - Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No If yes, where? Revised 03/95 I _ - . Form DCM-MP-2 j I r I., rI !,1' j! j e. Does the disposal area include any coastal wetlands If yes, (marsh), SAVs or other wetlands? i ?�M` i -jt_;• „1 (1) Amount of material to be placed in the ' ✓Yes No - :----....... .---------------- water AlDL-lt)" ' f. Does the disposal include any area in the water? �) Dimensions of fill . Jea /if r 0 JAB, W14714 Yes ✓ No Ain V— Yf / dN f1/ (3) Purpose of fill F00J91ATQJv F dA 3. SHORELINE STABILIZATION a. Type of shoreline stabilization Bulkhead Riprap b. Length c. Average distance waterward df'MHW or NWL d. Maximum distance waterward of MHW or NWL e. Shoreline erosion during preceding 12 months (Source of infonnation) f. Type of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill h. Type of fill material i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fi�]1Aaterial be brought to site? .Yes No } Revised 03/95Y,..:; y- b. Will fill material be pl in coastal wetlands (marsh), SAVs or othe wetland Yes If yes, (1) Dimensions of fill area (2) Purpose of fill 1^� Qui �� q �R►llle �A1/ 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? WF_.1 XA;,-L 6A SAP SI 1;,// JAND/d/at WONT 6vP6/f Alfa F/„'y To Lace CU/vCRrf mum 7JAr ,vqy Se PA)v r MMA. AI/d t/d�/W/,vg WA1tiR GAJJ in DVC W,THIYT !1T lar/�N� b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? j J)O PIrRu(R LUEuLYEOA/dN/NAND+f0/ SmalT2ncTsti BAN / C. Will wetlands be cr3ssed in transpg mg equipment to project site? = Yes ✓ No If yes,. explain steps that will be taken to I sen environmental impacts. AID TRt'Es w//Qz` Cot Ar POPoSC /,r ra cnK1TR pc? veWAY /AI !t)AfURA S _Ijvv, dF _S:✓AmP�I AQ4e+� Date C A r • B• Fo�eMAN SR DP PROPOS,9L �,. EL+ZA3FTN L'rTY , N,C, Scope 4o be -seeoep f).vtl s'-1 A(j/L/Zt.A AFTC•l° L'OM IOIC'f7DN, F,�•�P,� �%dl, W �l be Used to /0 ReVPaiT PT to/q le �5 F i Slofe T 'LFT— — Scale ) ": 3 • ram, Sug ai r fTeO i D-11C : /SANn F, 11 I /S��Cu�VCrP7 Ao• �Xrs T/N� . we.-YL,v n�,p kLE vAT/on/ ' d'fr,Jt CLAY' B. FARE M.AN, JR. ` ELIZABETH CITY., NORTH CAROLINA ��Sf�LOT 19, PART OF LOT IB IN WINSLOW ACRES RECORDED I N MAP R(X)K• I. PAGE 65 SCALE I INCH=60FEET' NOV. 29, 1982 REG. SURVEYOR S. s.A.. Ndr.,, ,� b..!/. n. /,dy f/.r frf,', .•,y v.r dnw• Jn... n•/rer./. ,rr.. q./ yb/>.ev...p ..-� rv.nl.:....,� ... .,: r16r. PASQUOTANK 'Yd6 /I .1 w 96.se• �ts'se•de.>•' pqo RIVER u s9e zta�' /%w;' �'rtr.r FS ! 1i\\ •/fd r/J.1J" I being, the tract describedlin plat and survey dated August 26, 1959 of recordlin Map Book 2, Page 101 of the Pasquotank County Public Registry entitled in part "Katherine Boyd Derrickson" prepared by S. Elmo Williams, Registered Surveyor, incorporated herein by reference. The tract herein described consisting of those two tracts designated as Lot 18 and 19, "Winslow Acres", Section A, as shown on plat of W. J. Overman, Registered Surveyor, dated May 10, 1946 of record in Map Book 1, Page 65 of the Pasquotank! County Public Registry, conveyed to Shirley P. Culpepper et vir by deed of record in book 135, Page 307 of.;said Registry; conveyed by Shirley P. Culpepper et vir by deed of record in Book 158, Page 402 of said Registry.to Forrest V. Dunstan et ux; and conveyed by Forrest V. Dunstan et ux by deed of record in Book 211, Page 90 of said Registry to Katherine Boyd Derrickson less and except that certain strip and portion of. lot%'418, "Winslow Acres", Section •A conveyed to Dr. John F: Weeks et ux by Forrest V. Dunstan et'ux by deed of:record in Book 175, Page 339 of the Pasquotank Countyl,Registry more particularly described therein. See that certain line agreement dated November 4, 1960 by and between Dr. John F. Weeks et ux and Katherine Boyd Derrickson et vir of record in Book 231, Page 47 of the Pasquotank County`Public Registry establishing the eastern line of the tract herein described as same now exists and as set forth above. Any and all rights and privileges Grantor possesses or owns to the thread or center of the stream -or branch separating the tract above described and the property now or formerly known as -the J. A. Byrum property are also conveyed hereby. Said property is sold Subject to those Restrictive Covenants as appear of7record in the chain of title to said property, including but not limited to those set out in deed of record in Book 211, Page 90 of the Pasquotank County Public Registry as modified or affected by agreement of record in Book 173, Page 114 of said Registry. Taxes for the year 1980'have been prorated and a sum of money paid by the Grantor to the Grantees as their prorata share thereof and the Grantees assume the payment of said 1980 ta;ces. TO HAVE AND TO HOLD the aforesaid parcel of land with all -privileges and appurtenances'thereunto belonging unto Grantees, their heirs and assigns, in fee simple forever. - Grantor, for herself and her heirs,'.ekecutors, administrators covenant to.and with the Grantees,their heirs and assigns, that she is seized of said premises in fee and i NORTH CAROLINA DRAWN BY: WILSON & ELLIS PASQUOTANK COUNTY BY: 11. H. HOOD ELLIS THIS DEED made this day of June, 1980 by KATHERINE BOYD DERRICKSON, widow by and through her duly constituted Attorney in Fact, HARRY W. GARD, Grantor to CLAY B. FOREMAN, JR. and wife, MARY ANN G. FOREMAN, 1808 Rivershore Road, Elizabeth City, N. C. 27909, Grantees;,i W I T N E S S E T H: That for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) and other valuable considerations to them in hand paid, the receipt of which are hereby acknowledged, Grantor- has bargained and sold and by these presents does hereby bargain, sell and convey unto the Grantees, their heirs and assigns, the following described property: That certain tract or parcel of land in Nixonton Township, Pasquotank County, N. C. and more particularly described as follows: Beginning at an iron pipe marking the northwest intersection of River Road and Rivershore Road; thence N 770 30' W, 41 feet along the northern right of way line of River Road to a point marked by an iron pipe located in the northern right of way line of River Road; thence N 21' 50' E, 118.6 feet along and in a ditch forming the western boundary of the tract herein described to a point; thence N 170 30' W, 118 feet along and in said ditch to a point; thence N 62° 10' W, 116 feet along and in said ditch to a point; thence N 14° 30' W, 132 feet along and in said ditch to a point marking the end of a bulkhead; thence along the bulkhead forming the northern boundary of the tract herein described and separating same from the Pasquotank River N 8° 18' W, 51 feet to a point; thence along said bulkhead N 790 27' E, 28 feet to a point; thence along said bulkhead S 110 23' E, 38.5 feet to a point; thence along said bulkhead N 86° 47' E, 63 feet to a point; thence Along said bulkhead N 760 47' E, 177 feet to a point; thence along said bulkhead S 80 53' E, 21.2 feet to a point marked by an iron pipe and being the end of said bulkhead; thence S 80 E 226.3 feet along the property now or formerly belonging to Dr. John F. Weeks to a point marked by a concrete stone or monument; thence along said Weeks line S 270 18' E, 69.2 feet to a point marked by a concrete stone or monument lying in the northwesterly right of way of Rivershore Road (Right of Way width 50 feet); thence along the said northwesterly right of way of Rivershore Road S 440 07' ➢:, 236.3 feet to the point and place of beginning being an iron pipe marking the northwest intersection of River Road and Rivershore Road. Same • • 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 February 16, 1996 Mr. Clay Foreman, Jr. 1808 Rivershore Road Elizabeth City, NC 27909 Dear Mr. Foreman: dh AdEhOMENWO � E)EHNFR The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 1808 Rivershore Road, Elizabeth City, Pasquotank River, Pasquotank County. It was received on February 16, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 1, 1996. 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 60% recycled/ 10% post -consumer paper r February 16, 1996 Page N2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. FAJ/kh Enclosure cc: John Parker Richard L. Watts Sincerely, Frank A. Jennings, III 10-k Field Representative I RB ZV 19g6 EE�MENS CAMA PERMIT APPLIED FOR PROJECT: To construct a 9' x 150' driveway through wetlands in the estuarine shoreline. COMMENTS ACCEPTED THROUGH March 13, 1996 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Clay B. Foreman, Jr. N.C. Division of Coastal Management 1808 Rivershore Road V 1367 U.S 17 South Elizabeth City, NC 27909 _Elizabeth City, NC 27909 APR-22-1996 15:56 FROM DCM-DMF E. CITY TO FAX; 91F336 1e67 * A firt, . NCo ! C V 18o8 RivverrsshVore Road Elizabeth CRy, North Carolina 27909 Mr. Raleigh Bland Washington Regulatory Field Office P. Q. Box 1000 Washington, N''. C. 27889-1000 Dear mr. Bland: 1 700 733 1495 P.02i02 April 8, 1996 Regarding your letter of March 26, 1996 concerning my CAMA major permit application I have determined that I can move the driveway alignment landward 15 feet and still accomplish my original goal. The placing of the stubs for the location of my initial application would have avoided the removal of any existing tree with the completed driveway area appearing as natural as currently exists. I would appreciate your considering this new alignment proposal as an effort .to reduce any anticipated adverse environmental impacts. .oar crr =TR 1=07 Sincerely, XT ay Foreman, 3r. DIAL: 910476.5 NM06SVW-SNVWaa0a-37.V1S71V 30: ^e0 98-4t -bo Ti FT L F'. 02 APR-22-1996 15:55 FROM DCM—DMF E. CITY TO 1 700 733 1495 P.01/02 _AX:919-339-1687 DIAL:919-335-5454 F4, EMAN'S, INC. 1808 Rivershore Road EA23beth City, North Carorxta 27909 April 16, 1996 Mr. John R. Dorney Water Quality Certification Program Division of Environmental Management 4401 Reedy Creek Road Raleigh, NC 27626-0535 Dear Mr. Dorney: Regarding your letter of April 2, 1996 concerning my CAMA major permit application I have determined that I can move the driveway alignment landward 15 feet and still accomplish my original goal. The placing of the stobs for the location of my initial application would have avoided the removal of any existing tree with the completed driveway area appearing as natural as currently exists. I would appreciate your considering this new alignment proposal as an effort to reduce any anticipated adverse environmental impacts. Sincerely, y oreman, or. Post -it` Fax Note 7671 . D316 y �� pagss� �... To flu 1(4 G From co rDeoc. J vv - c�. Sty✓N-l��'1 i Phona M n �. Fax n 4 L. Fax C lj� 11, 4z///� -o ,tq 7,9 Z, 1996 14NC4�'F014 1141- 1 0 SENDER: a. Complete items 1 end/or 2 for additional services:' -'r z ­ o- wish to receive the I .also .. I to jebComplete items 3, end d 4a & b­_ .1 following services (for an extra :0 _8jPrint your nameand address on the reverse of this form so that we can fee). Z. 't -�rgtum this card to you. &�!,�.k if - 'si�c�' > - f ti;�'rrisilpfece, ci'bn 'Attach farm to the front 'El A:ddressee's Address uo) C �z 0 this not perm , .does Write "Return Receipt Requested" on the mailpiece be a mi article mimber-1 2. 11 Restricted Delivery R Re t will show to whom the article was delivered and the data Consult postmaster r fee - ;,,Th.0eWmC! iv . ,0 red - -_-73.-Article Addressed to�'- 4a. Article Number C 'Mrs ;"R.c,,E . Aiken; Jr. s­-Z 108 '506 96-, -Road 1812_1�i7Fshor_e... 4b.';SeTVice Type ❑ or 1,j �00 Elizabeth zitj,'t-Nc 27909­�,��­ Insured 0 Registered In ❑ - . 1_� I M JR Certified r El COD •P IV.aiI gkRetdrn Receipt Express t for 7 Date of Delivery ci MAR -&—Addressee's Address (Only if requested X c 5. —I' =gnaUre t(Addresse . snd fee is paid)..'., , - _t; C 6. -Signature (Agent) o =1 December _199 RECEIPT 0 1 *U.S. GP PS Form 3811. Dece 0-. 1993—M-714 -DOMESTIC RETURN CERTIFIED MAIL RETURN RECEIPT REQUESTED: Dear [:(uy e2 F�>C eM91 � : (RIPARIAN LANDOWNER'S NAME) This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. plans to construct nn rr� ..�� UOUR CONSTRUCTION PLANS) in — �X G`Ahe sketch on the reverse side accurately depicts the proposed construction. (CITY/CO Should you have no objections to this proposal se the a statement below, sign and date the blanks below the statement and return this letter to: rrv, a alllrJR NAME AND ADD S as soon as possible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 10 days of receipt of this notice. Failure to respond in either method within 10 days will be interpreted as no objections. Sincerely, I have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. L-x-4.4 4(RrPAL OWNER SI(GQTURE) (DATE) By signature below I have agreed to the encroachment of this project within my riparian corridor and have waived the minimum setback of 15 feet from my property line. / `'7 I� G allPPaAN Lk9DOMTT2k S NkTURE) (DATE) CERTIFIED MAIL RETURN RECEIPT REQUESTED• Dear (RIPARIAN LANDOWNER'S NAME) This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. -TN plans to construct ,dA.L D (YOUR 'ONSTRUCTION PLANS) in qL he sketch on the reverse side accurately depicts the proposed construction. CITY/CO Should you have no objections to this proposal, ease chec a statement elow, sign and date the blanks below the statement and return this letter to: 1 SWhk NAME AND ADDRES as soon as irossible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 10 days of receipt of this notice Failure to respond in either method within 10 days will be interpreted as no objections. Sincerely, I have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. (RIPARIAN LANDOWNER SIGNATURE) (DATIE1 By signature below I have agreed to the encroachment of this project within my riparian corridor and have waived the minimum setback of 15 feet from m property line. (RIPARIAN LANDOWNER SIGNATURE) (DATE) s Y I begng.the tract described;in plat and surveeydated of August 26,.1959 of record'in Mapv Book 2, 4e the Pasquotank County Public Registry entitled in part "Katherine Boyd Derrickson" prepared by S. Elmo Williams, Registered Surveyor, incorporated herein by reference. The tract herein described consisting of those two tracts designated as Lot 18 and 19, "Winslow Acres Section A, as shown on plat of W. J. Overman, Registered Surveyor, dated May 10, 1946 of record in Map Book 1, Page 65 of the PasquotankCounty Public Registry, conveyed to Shirley P. Culpepper et vir by deed of record in book 135, Page 307 of :said Registry; conveyed by Shirley P. Culpepper et vir by deed of record in Book 158, Page 402 of said Registry -to Forrest V. Dunstan et ux; and conveyed by Forrest V. Dunstan et ux by deed of record in Book 211, Page 90 of said Registry to Katherine Boyd Derrickson less and except that certain strip and portion of.lot:'#18, "Winslow Acres", Section Aconveyed to Dr. John F: Weeks et ux by Forrest V. e 339 Dunstan et ux by deed of record in Book 175, 4e of the Pasquotank County !Registry more particularly described therein. See that certain line agreement dated November 4, 1960 by and between Dr. John F. Weeks et ux and Katherine Boyd Derrickson et vir of record in Book 231, Page 47 of the Pasquotank County' Public Registry establishing the eastern line of the tract herein described as same now exists and as set forth above. Any and all rights and privileges Grantor possesses or owns to the thread or center of the stream•or branch separating the tract above described and the property now or formerly known as. the J. A. Byrum property are also conveyed hereby. Said property is sold subject to those Restrictive Covenants as appear of7record in the chain of title to said property, including but not limited to those set out in deed of record in Book 211, Page 90 of the Pasquotank County Public Registry as modified or affected by agreement of record in Book 173, Page 114 of said Registry. Taxes for the year 1980•.have been prorated and a sum of money paid by the Grantor to the Grantees as their prorata share thereof and the Grantees assume the payment of said 1980 takes. TO HAVE AND TO HOLD the aforesaid parcel of land with all privileges and appurtenances'thereunto belonging unto Grantees, their heirs and assigns, in lee simple forever. Grantor, for herself and her heirs,.eixecutors, administrators covenant to -and with the Grantees,their heirs and assigns, that she is seized of said premises in fee and W i1 i .i �l NORTH CAROLINA :I DRAWN BY: WILSON & ELLIS I. y PASQUOTANK COUNTY ;! BY: M. H. HOOD ELLIS I THIS DEED made this day of June, 1980 by KATHERINE BOYD DERRICKSON, widow by and through her duly constituted Attorney in Fact, HARRY W. GARD, Grantor to CLAY:,,;B.�FOREMAN, JR. ;;' and wife, MARY ANN G. FOREMAN, 1808 Rivershore Road, Elizabeth City, N. C. 27909, Grantees;;il W I T N E S S E T H That for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) and other valuable considerations to them . in hand paid, the receipt of which are hereby acknowledged, Grantor..: has. bargained and sold and by these presents does hereby bargain, sell and convey unto the Grantees, their heirs and assigns, the following described property: That certain tract or parcel of land in Nixonton Township, Pasquotank County, N. C. and more particularly described as follows: Beginning at an iron pipe marking the northwest intersection of River Road and Rivershore Road; thence N 770 30' W,'41 feet along the northern right of way line of River Road to a point marked by an iron pipe located'in the northern right of way line of River Road; -,thence N 210 50' E, 118.6 feet along and in a ditch forming the western boundary of the tract herein described to a point; thence N 170 30' W, 118'feet along and in said ditch to a point; thence N 620 10' W, 116 feet along and in said ditch to a point; thence N 140 30' W, 132 feet along and in said ditch to a point marking the end of a bulkhead; thence along the bulkhead forming the northern boundary of the tract herein described and separating same from the Pasquotank River N 80 18' W, 51 feet to a point; thence along said bulkhead N 79' 27' E, 28 feet to a point; thence along said bulkhead S 11° 23' E, 38.5 feet to a point; thence along said bulkhead N 86° 47' E, 63 feet to a point; thence Along said bulkhead N 760 47' E, 177 feet to a point; thence along said bulkhead S 8,° 53' E, 21.2 feet to a point marked by an iron pipe and being the end of said bulkhead; thence S 8° E 226.3 feet along the property now or formerly belonging to Dr. John F. Weeks to a point marked by a concrete stone or monument; thence along said Weeks line S 270 18' E, 69.2 feet to a point marked by a concrete stone or monument lying in the northwesterly right of way of Rivershore Road (Right of Way width 50 feet); thence along the said northwesterly right of way of Rivershore Road S 440 07' W, 236.3 'feet to the point and place of beginning being an iron pipe marking the northwest intersection of River Road and Rivershore Road. Same