19990379 Ver 1_COMPLETE FILE_19990420

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
1LF.!XA
IT 0 0
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 10, 1999
Pasquotank County
DWQ Project #990379
APPROVAL of 401 Water Quality Certification
Creighton and Rodney Foreman
1200 Riverside Ave.
Elizabeth City N.C. 27909
Dear Sirs:
You have our approval, in accordance with the attached conditions, to place fill material in0.122 acres of wetlands
or waters for the purpose of Stabilizing a shoreline and filling an existing at 1116 and 1200 riverside Ave. in Elizabeth
City, as you described in your application dated 4 May, 1999. After reviewing your application, we have decided that this
fill is covered by General Water Quality Certification Number 3112. In addition, you should get any other federal, state or
local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of
this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification. This
approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General
Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 1506 of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorsey at 919-733-1786.
Sincerely,
Steven
Attachment
cc: Wilmington District Corps of Engineers ?
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Domey
Central Files
Doug Huggett, DCM 990379.Itr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd, Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Creighton and Rodney Foreman

2. LOCATION OF PROJECT SITE: 1116 and 1200 Riverside Ave., Elizabeth City, Pasquotank River
Photo Index - 1995: 167-1714, H-19 1989: 127-11, 0-22
State Plane Coordinates, X: 2823200 Y: 937400 f?
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 1999 '19
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - March 25, 199?,??
Office - Elizabeth Citv z.o6. SITE DESCRIPTION:
(A) Local Land Use Plan - Elizabeth City
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Waters
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Residence is served with central sewer, City of Elizabeth City
Planned - none
(F) Type of Structures: Existing - Two residential structures, each with a dock or pier; a gazebo and
shed are also situated between the two residential structures. The shoreline is bulkheaded.
Planned - The placement of granite rip rap waterward of the existing bulkhead.
(G) Estimated Annual Rate of Erosion: None at this time. The existing bulkhead is still intact.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
F.XCAVATFD FILLED OTHER
(A) Vegetated Wetlands
(B) Public Trust Area /
Estuarine Waters 5,200 sf. (0.122 A.)
(C) Upland
(D) Total Area Disturbed: 5,200 sf. (0.122 A.)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open - Closed to shellfish harvest
8. PROJECT SUMMARY: This project involves the filling of an existing basin and the placement of
rock rip rap in front of a bulkhead located along the Pasquotank River in Elizabeth City.
Creighton and Rodney Foreman, Elizabeth City
Bio Report,
Page 2
Site Description
The site involves an existing bulkheaded shoreline along the Pasquotank River downstream
from the Elizabeth City-Camden Causeway Bridge in a residential section of Elizabeth City.
This proposal concerns two adjacent single family residences owned by the Foreman family.
The shoreline is currently stabilized with a wood bulkhead which was constructed some twenty
years ago in a contour fashion to follow the natural curvature of the shoreline. The two lots
have 450 ft. of bulkhead which is capped with an attractive stone border. The Rodney
Foreman property has an existing pier and platform which extends approximately 65 feet into
the Pasquotank River. A 700 square foot man-made basin exists behind the Creighton Foreman
residence and is situated such that the basin is only 10 feet from this residential structure. An
elevated, damaged wooden deck also exists along the Creighton Foreman shoreline. Two small
gazebos and a shed are also located on these properties. The yards are landscaped in lawn and
ornamental vegetation under a canopy of loblolly pine and bald cypress. Bald cypress are
present along the shoreline waterward of the existing bulkhead. Water depths at the bulkhead
wall average 3.5 ft. below the NWL and are slightly deeper than 4 ft. within the basin.
The waters of this segment of the Pasquotank River are classified as Joint Waters by the
North Carolina Marine Fisheries and Wildlife Resources Commissions. These waters of the
Pasquotank River are not open to any shellfish harvests. Although submerged aquatic
vegetation (SAV) are present in many areas of the Pasquotank River, there did not appear to
be any significant SAV patches in the vicinity of this proposal. Upstream sections of the river
are noted as spawning areas for anadromous fish species.
Project Proposal
The proposed work will include stabilizing the above described shoreline in such a way as to
allow the existing bulkhead to remain intact and maintain the natural curvature of the
shoreline. This project involves the placement of Class "B" rock rip rap at a 3 to 1 slope in
front of the existing bulkhead. This slope will necessitate the toe of the rock structure to
extend waterward of the existing NWL and bulkhead an average/maximum distance of 10 feet.
The applicant also proposes to fill the above described basin to an alignment consistent with
the adjacent shoreline.
Anticipated Impacts
The proposed shoreline stabilization will result in the filling of approximately 4,500 sf. of
Estuarine Waters and Public Trust Area within the Pasquotank River. In addition, the basin fill
will result in the filling of 700 sf. of these waters. The shoreline stabilization will require the
placement of approximately 280 cy. of rock below the NWL and the basin fill will result in the
placement of 109 cy. of till material below the NWL. A temporary increase in turbidity will
be experienced during the placement of stabilization rock along the shoreline. The proposed
work will not interfere with navigation and will not adversely impact any wetlands. The
proposed rip rap stabilization may allow for a less turbid water column along the shoreline and
improve the shallow water habitat along this portion of shoreline.
Submitted By: Dennis W. Hawthorn
Date: April 16, 1999
Form DCM-NP-1
"PLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT Elizabeth C i t v
c. Street address or secondary road number
a. Landowner: 1200 R i y r a i r P All-rut-
Name : i ErrlTca.l Fc;2?i?Ai.A f?...?G
R o d n e v Foreman d. Is proposed work within city limits or planning
Liu L\ r #awz eve jurisdiction? xx Yes No
Address 1200 Riverside Avenue
e. Name of body of water nearest project (e.g. river,
City Elizabeth City State N C creek, sound, bay) P..;; a?in-f-a n t? R i y o r
Zip 27909 Day Phone [phone] fir=
Fax
b. Authorized Agent:
Name McDowell & Associates
Address
1715 Weeksville Road
P. 0. Box 391
City F1 i? a I-P+:11 ('J +-I State ',\T('
Zio 27909 Day Phone [phone]
Fax -3351-9585
c. Project name (if any) 2rnnnGPei '?ii i khPa ci
Rei)airE to "Foreman Property"
NOM Permit will be issued in name of Landowner(s), mid/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Pasauotank
3. DESCRIPTION AIND PLAT INED 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.
Repair existing wood bulkhead
with new rip-rac and fi11
small inlet in shoreline.
b. Is the proposed activity maintenance of an existing
project, new work, or both? r e c a i r of
existing
c. Will the project be for public, private or commercial
use? private
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.
Proposed rip-rap to be brought
to site-on barge, and placed
ner twoical x-Gections

Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract a 5 n+ L F o f r e; a i r
b. Size of individual lot(s) N . A .
c. Approximate elevation of tract above- MHW or NWL
2 - 5 feet
d. Soii ntype(s) and texture(s) of tract
e. Vegetation on tract v a r d ( G r a s s)
f. Man-made features now on tract Residence -
yriicc _ of- r- _
What is the CAMA Land Use Plan land classification
Of the site? (Consult the local land use plan-)
Conservation Transitional
Developed Community
Rural ,_, Other (residential)
h. How is the tract zoned by local government?
,esidential - R8
L Is the proposed project consistent with the applicable
zoning? `r r_ Yes No
(Anach zoning compliance cernficate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes xx 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 X,;,j_ No
1. Are there wetlands on the site? Yes = No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(duach doctuneuation, if available)
m. Describe existing wastewater treatment facilities.
City of 1 i 7aheth C'i ty cPT,ra -e
Treatment Plant
n. Describe location and type of discharges to waters of
the state. (For example, surface runoff, sanitary
wastewater, industriallcommercW effluent, "wash
down" and residential discharges.)
Surface run-off from yard
o. Describe existing drinking water supply source.
Citv of Elizbeth Citv
5. ADDITIONAL LYFOP-NaTTON
In addition to the completed application form, tiae following
items must be submitted:
• A copy of the deed (with state application oniv) 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
crass-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 acc..pted. Blue-line
prints or other larger plats are acwptable 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
site. Include highway or secondary road (SR) numbers,
Re.ised 03195
Form DCM-MP-1
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 Nell J. Jennette
Address 1114 Riverside Avenue
Phone [phone]
Name William M. p ]44et 1 , M.n.
Address 1202 Riverside Avenue
Phone [phone]
Name
Address
Phone
• A list of previous state or federal permits issued for
works on the project tract. Include permit numbers,
permute-, and issuing dates.
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources (D EHNR)
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. CERTIFICATION AND PERNMSM',
TO ENTER ON LAND
I understand that any permit issued in response to diL
application will allow only the development described in the
application. The project will be subject to conditions anc
restrictions contained in the permit.
I certify that to the best of my knowledge, the proposes
activity complies with the State of North Carolina'.
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, g*an
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in
connection with evaluating information related to di
permit application and follow-up monitoring of the project.
I further certify that the information provided in tbL
application is truthfui to the best of my knowledge.
This is the -??Z day of? 19' 7•
Pri
Sif
Please indicate attachments pertaining to your propose::
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 dare each artachmenr in the space
provided ar the bottom of each form.
Revised 03/Qi
Farm DCM-MP-2
?.VATION E-X-
AND t
SILL:
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. -Be sure to complete all 1. EXCAVATION _
other sections of the Joint Application that relate to this
proposed project. - -
a. Amount of material to be excavated from below
Describe below the purpose of proposed excavation or MH-W or NWL in cubic yards N/A
fill activities. All values to be given in feet.
b. Type of material to be excavated N/
Average Final
E=Ung Project
Length Width Death Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
(to be fille
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoneUnc
stabilization)
Revised 03195

35' 20' 4.2' 0'
(Fille

c. Does the area to be excavated inc'.ude coastzi
wetlands (marsh), submerged aquatic vegetaticn
(SAVs) or other wedands? Yes No
d. Highg-ound excavation in cubic yards VA
2. DISPOSAL OF EXCAVATED
MATERLAL.'
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
c. Do you claim title to disposal area?
Yes No
If no, attach a letter granting permission from the
owner.
d. WUI a disposal area be available for future
maintenance? Yes No
If yes, where?
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
b
a. Type of shoreline stabilization
Bulkhead xx . -Riprap (waterward
of existing bulkhead)
b. Leagrh 450 '
c. Average distance waterward of MHW or NwZ
10'.
d. Maximum distance waterward of MHW or NWL
10 max.
e. Shoreline erosion during preceding F months
N/A (Existing bulkhea
(Source of in(orM=onJ
f. Type of bulkhead or riprap material
Class "B" Stone (5" - 15"-
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap 280 CY+
(2) Bulkhead baceiijl
h. Type of fill material No f 111 recrui red
i. Source of fill material N/A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
xx - Yes No
(2) Purpose of fill
5. GENERAL -
a. How will excavated or fill material be kact on site
and erosion controlled? Construct
rip- raD f irst Der Section -E-B,
with filter-Fabric, then c_.ace
fill behind rip-rac.
b. What type of construction equipment will be used
(for example, drag!ine, backhoe, or hydraulic
dredge)?
Crane operating from barge.
c. Will wetlands be cr5ssed in trunsoortinz equipment
to project site? Yes xX No
If yes, explain steps that will be taken to lessen
environmental impacts.
A t or jea N
cure
P- C1
Date
If yes,
(1) Amount or material to be pIac in the
water 109 C . `_' .
(2) Dimensions of fill area 3 5' L x 201W
x 4.21 Deec
(3) Purpose of fill ?eliminate exist-
ina boat basin
Will fill material be place-: in coastal wetlands
(marsh), SAVs or other wetlands?
Yes . xx No
If yes, _
(1) Dimensions of fill area
- ttttitti,.
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RIVER
ED AREA DENOTES THE LOCATION ??t SEAL r : _
:A TO BE FILLED (700 SF)
ECTfON B-B - SHEET 3 OF 3)
DO
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a
- EXIST. WOODEN BULKHEAD
WITH CONC. CAP &
DECORATIVE STONE TCP W PASQUOT-4NK
(SEE SECTION A-A -
SHEET 3 OF 3) R/?EaS/OF RIVER
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EXISTING BRICK
DWELLING
WILLIAM M. RUSSELL
DB 522 P 667
(1202 RIVERSIDE AVE. )
J. RODNEY FOREMAN _ GENERAL NOTES:
DB 253, P 350
(1200 RIVERSIDE AVE.) 1.) MATERIAL FOR RIP-RAP TO BE CLASS "B° (5"-15"t)
2.) FILTER FABRIC TO BE PLACED ON THE RIVER BOTTOM
EIP BELOW THE RIP-RAP, (L= 10'±), THEN VERTICALLY
UP, ALONG THE EXIST. FACE OF THE BULKHEAD (3'f)
3.) LENGTH OF RIP-RAP REPAIRED BULKHEAD: 450 LF:L
4•) VOLUME OF RIP-RAP: 3.7' D. X 10 X 450 = 8325 CU. FT
2
8325 CU. FT.
I 27 = 308 CU. YDS.-'-
I
RIVER
HATCHED AREA DENOTES THE LOCATION OF AREA TO BE FILLED:
(THE INTENT IS TO CONVERT THIS AREA TO YARD (GRASS), ONCE
IT IS FILLED. THE DECORATIVE STONES AROUND THE PERIMETER
WILL BE REMOVED TO A DEPTH THAT WILL BE BELOW GRADE.)
AREA = 700 S.F. X 4.2' AVG. FILL DEPTH =
2940 CU. FT. OF FILL VCLUME (OR 109 CU. YDS.)
(SEE SECTION B-B - SHEET 3 OF 3)
EXIST. DECK TO BE REMOVED
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GENERAL NOTES:
1.) MATERIAL FOR RIP-RAP TO BE CLASS "B" (5"-15"t)
2.) FILTER FABRIC TO BE PLACED ON THE RIVER BOTTOM
BELOW THE RIP-RAP, (L= 10'r), THEN VERTICALLY
DEPTHS UP, ALONG THE EXIST. FACE OF THE BULKHEAD (3'_?).
,VAX. 10'
4.0 3.) LENGTH OF RIP-RAP REPAIRED BULKHEAD: 450 LF±
CF
?AP ........3.0
2.0 4.) VOLUME OF RIP-RAP: 3.7' D. X 10 X 450 = 8325 CU. F
1'0 8325 CU. FT.
= 308 CU. YDS.f
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SHADED AREA DENOTES FILL USING CLEAN SAND N L
FILL VOLUME: ? ci `
AREA = 700 S.F. X 4.2' AVG. FILL DEPTH =
2940 CU. FT. OF FILL VOLUME (OR 109 CU. YDS.) Q ?
OX. 35.E , o w W
cz?
!P OF ROCK O > U
NDING THE FILL AREA
BELOW GRADE) SLOPE ON BACKSIDE Q =
OF RIPRAP TO BE 1: 1 PROPOSED RIP-RAP Q C? F-
GRD. BEHIND BULKHEAD (SEE SECT. A-A ABOVE) W w
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BOTTOM
EXIST. y PROPOSED FILTER FABRIC I
WOODEN BULKHEAD (SEE SECT. A-A ABOVE)
(® RIVER)
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402-1890
IN REPLY REFER TO April 30, 1999
Regulatory Division
Action ID No. 199910947
?r
wET as -
Mr. John Dorney ??U?
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
Please reference the application of Rodney and Creighton Foreman for Department of the
Army (DA) authorization and a State Water Quality Certification to place fill material within
an existing man-made basin and place rock riprap material waterward of an existing bulkhead,
on property located off Riverside Avenue, adjacent to the Pasquotank River, in 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.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by June 30, 1999, the District Engineer will deem
that waiver has occurred.
-2-
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory
Field Office, telephone [phone], extension 23.
Sincerely,
Q4Y,AA4
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
Creighton and Rodney Foreman
1200 Riverside Avenue
Elizabeth City, NC, 27909
Dear Sirs:
Subject: Application for 401
DWQ # 990379
Pasquotank County
Water Quality Certification
PAYMENT
RECEIVED
On April 20, 1999, your application for a 401 Water Quality Certification for a
bulkhead in Pasquotank County was received by the N.C. Division of Water Quality.
The Division will begin to review the project for eventual decision. However, please be
aware that beginning January 1, 1999 that the N.C. General Assembly passed legislation
requiring payment of a fee of $200.00 for this project. The 401 Certification cannot be
issued until this fee is paid. Until that time, your application will remain on hold as
incomplete.
Please call Cyndi Bell at 919-733-1786 if you have any questions.
4.n l
Dorney
cc: Central Files
Washington DWQ Regional Office
Washington Field Office US Army Corps of Engineers
Cyndi Bell
Wetland File
1 kl,?WA •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 21, 1999
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Oppommity Affirmative Action Employer 50% recycled/I0% post consumer paper
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6, 1999
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CAM .MO AND TM:
TO: John R. Dorney, Environmental Biological Supervisor
Division of Coastal Water Quality
FROM: John R. Parker, Jr. PAYMENT
RECEIVED
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Creighton & Rodney Foreman
Project Location: 1116 & 1200 Riverside Avenue, Elizabeth City, Pasquotank County,
adjacent Pasquotank River
Proposed Project: Fill an existing basin and place rock riprap in front of a bulkhead
located along the Pasquotank River.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by May 7, 1999. If you have any questions regarding the proposed project, please
contact Dennis W. Hawthorn at [phone]. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes
are incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
SIGNED DATE
North Carolina Department of Environment and Natural Resources James B. Hunt Jr., Governor • Wayne McDevitt, Secretary
Division of Coastal Management Donna D. Moffitt, Director
Elizabeth City Office • 1367 US 17 South • Elizabeth City, NC 27909 . Phone [phone]
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Creighton and Rodney Foreman
2. LOCATION OF PROJECT SITE: 1116 and 1200 Riverside Ave., Elizabeth City, Pasquotank River
Photo Index - 1995: 167-1714, H-19 1989: 127-11, 0-22
State Plane Coordinates, X: 2823200 Y: 937400
3. INVESTIGATION TYPE: CAMA / D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - March 22, 1999
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete - March 25, 1999
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Elizabeth City
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust, Estuarine Waters
(C) Water Dependent: yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Residence is served with central sewer, City of Elizabeth City
Planned - none
(F) Type of Structures: Existing - Two residential structures, each with a dock or pier; a gazebo and
shed are also situated between the two residential structures. The shoreline is bulkheaded.
Planned - The placement of granite rip rap waterward of the existing bulkhead.
(G) Estimated Annual Rate of Erosion: None at this time. The existing bulkhead is still intact.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
EXCAVATED F1LLM OTHFR
(A) Vegetated Wetlands
(B) Public Trust Area /
Estuarine Waters 5,200 sf. (0.122 A.)
(C Upland
(D) Total Area Disturbed: 5,200 sf. (0.122 A.)
(E) Primary Nursery Area: No
(F) Water Classification: SC Open - Closed to shellfish harvest
8. PROJECT SUMMARY: This project involves the filling of an existing basin and the placement of
rock rip rap in front of a bulkhead located along the Pasquotank River in Elizabeth City.
Creighton and Rodney Foreman, Elizabeth City
Bio Report,
Page 2
Site Description
The site involves an existing bulkheaded shoreline along the Pasquotank River downstream
from the Elizabeth City-Camden Causeway Bridge in a residential section of Elizabeth City.
This proposal concerns two adjacent single family residences owned by the Foreman family.
The shoreline is currently stabilized with a wood bulkhead which was constructed some twenty
years ago in a contour fashion to follow the natural curvature of the shoreline. The two lots
have 450 ft. of bulkhead which is capped with an attractive stone border. The Rodney
Foreman property has an existing pier and platform which extends approximately 65 feet into
the Pasquotank River. A 700 square foot man-made basin exists behind the Creighton Foreman
residence and is situated such that the basin is only 10 feet from this residential structure. An
elevated, damaged wooden deck also exists along the Creighton Foreman shoreline. Two small
gazebos and a shed are also located on these properties. The yards are landscaped in lawn and
ornamental vegetation under a canopy of loblolly pine and bald cypress. Bald cypress are
present along the shoreline waterward of the existing bulkhead. Water depths at the bulkhead
wall average 3.5 ft. below the NWL and are slightly deeper than 4 ft. within the basin.
The waters of this segment of the Pasquotank River are classified as Joint Waters by the
North Carolina Marine Fisheries and Wildlife Resources Commissions. These waters of the
Pasquotank River are not open to any shellfish harvests. Although submerged aquatic
vegetation (SAV) are present in many areas of the Pasquotank River, there did not appear to
be any significant SAV patches in the vicinity of this proposal. Upstream sections of the river
are noted as spawning areas for anadromous fish species.
Project Proposal
The proposed work will include stabilizing the above described shoreline in such a way as to
allow the existing bulkhead to remain intact and maintain the natural curvature of the
shoreline. This project involves the placement of Class "B" rock rip rap at a 3 to 1 slope in
front of the existing bulkhead. This slope will necessitate the toe of the rock structure to
extend waterward of the existing NWL and bulkhead an average/maximum distance of 10 feet.
The applicant also proposes to fill the above described basin to an alignment consistent with
the adjacent shoreline.
Anticipated Impacts
The proposed shoreline stabilization will result in the filling of approximately 4,500 sf. of
Estuarine Waters and Public Trust Area within the Pasquotank River. In addition, the basin fill
will result in the filling of 700 sf. of these waters. The shoreline stabilization will require the
placement of approximately 280 cy. of rock below the NWL and the basin fill will result in the
placement of 109 cy. of fill material below the NWL. A temporary increase in turbidity will
be experienced during the placement of stabilization rock along the shoreline. The proposed
work will not interfere with navigation and will not adversely impact any wetlands. The
proposed rip rap stabilization may allow for a less turbid water column along the shoreline and
improve the shallow water habitat along this portion of shoreline.
Submitted By: Dennis W. Hawthorn
Date: April 16, 1999
Form DCM-MP-1
APPLICATION
(Te be completed by all applicants)
1. APPLICANT
b. City, town, community or landmark
Elizabeth City
c. Street address or secondary road number
a. Landowner: 1200 R i y r s i d e Avenue
Name Rodney Foreman d. Is proposed work within city limits or planning
k,_,j flatt)Z `-\1
11200 Riverside Avenue jurisdiction? x-r Yes No
Address
City Elizabeth City State MC
e. Name of body of water nearest project (e.g. river,
creek, sound, bav) Pyrl i o. a n k R i it a r
Zip 27909 Day Phone [phone] t
Fax
b. Authorized Agent:
Name McDowell & Associates
1715 Weeksville Road
Address P. 0. Box 391
City R1 i ?ahei-h Ci by State M(_
Zip 27909 Day Phone [phone]
Fax [phone]
c. Project name (if any) P r n;? n q a d R u 1 pa d
-_Regairs to "Foreman Property"
NOT E.• Permit will be issued in name of landowner(s), and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Pasguotank
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.
Renair existing iTood bulkhead
with new rip-rao and fill
small inlet in shoreline.
b. Is the proposed activity maintenance of an existing
project, new work, or both? r e p a i r of
existing
c. Will the project be for public, private or commercial
use? private
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.
Proposed rip-ran to be brought
to site-on barge, and placed
ne_r t;pical x-sections
Revised 03195
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract o 5 n± L F o f r P;2 a i r
b. Size of individual lot(s) N. A.
c. Approximate elevation of tract above MHW or NWL
2 - 5 feet
d. Soi ntype(s) and texture(s) of tract
e. Vegetation on tract yard ( Grass )
f. Man-made features now on tract Residence -
ur.,,co? (ztr_
g. What is the CAMA Land Use Plan land classification
of the site? (Consult the local lard use plan.)
Conservation Transitional
Developed Community
Rural Other
(residential)
h. How is the tract zoned by local government?
Residential - R8
i. Is the proposed project consistent with the applicable
zoning? -,--c - Yes No
(Anach zoning compliatce cerrif care, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes xx 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? _ Yes xm-- No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Aoad: doctmauaion, if amilable)
m. Describe existing wastewater treatment facilities.
City of F1i7ahPth City SPWa(7P
Treatment plant
n. Describe location and type of discharges to waters o
the state. (For example, surface runoff, sanimr-
wastewater, industrial/commercial effluent, "wast
down" and residential discharges.)
Surface run-off from vard
o. Describe existing drinking water supply source.
City of Elizbeth Citv
5. ADDITIONAL L FORMATION
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 works 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 77.0203 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
site. Include highway or secondary road (SR) numbers.
Revised 03/95
Form DCM MP-1
landmarks, and the like.
' A Stormwater Certification, if one is necessary.
6. CERTIFICATION AND PERMISSIOr
TO ENTER ON LAND
• 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 Nell J. Jennette
Address 1114 Riverside Avenue
Phone [phone]
Name William M. R 744 1 1 M.D.
Address 1202 Riverside Avenue
Phone [phone]
Name
Address
Phone
I understand that any permit issued in response to thi.
application will allow only the development described in th.
application. The project will be subject to conditions an<
restrictions contained in the permit.
I certify that to the best of my knowledge, the propose:
activity complies with the State of North Carolina'
approved Coastal Management Program and will bt
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact, gran
permission to representatives of state and federal review
agencies to enter on the aforementioned lands in
connection with evaluating information related to thLL
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.
• A list of previous state or federal permits issued for P
work on the project tract. Include permit numbers,
permittee, and issuing dates. q
• 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 ]ands, attach a statement documenting
compliance with the North Carolina Environmental
Policy Act:.
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.
Reed 03/95
This is the day of AA 197 ') I
.
Form DCM-MP-2
---- X AV - TION
:t
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 1. EXCAVATION
other sections of the Joint Application that relate to this
proposed project.
a. Amount of material to be excavated from below
Describe below the purpose of proposed excavation or MHW or NWL in cubic yards N/A
fail activities. All values to be given in feet.
b. Type of material to be excavated N/A
Average Final
F-,dsdng Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
11 20' 1 4.2' 1 0'
Boat
basin
(to be fille
Boat
ramp
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 N/A
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area N/A
b. Dimensions of disposal area N/A
Rock
groin
Rock
break•,vater
Other
(Excluding
shoreline
stabilization)
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
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs'or other wetlands? -
Yes No
r
f. Does the disposal incinde any area in the water?
Yes No
3. SHORELINE STABILIZATION
b
a. Type of shoreline stabilization
Bulkhead xx -Riprap (waterward
of existing bulkhead
b. Length 450':k
c. Average distance waterward of MHW or NWL
10'±
If yes,
(1) Amount of material to be placed in--the
water 109 C . Y .
(2) Dimensions of fill area 3 5' L x 2 0' W
x 4.2' Deep
(3) Purpose of fill Eliminate exist-
ing boat basin
Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes xx No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
d. Maximum distance waterward of MHW or NWL 5. GENERAL
10 max.
e. Shoreline erosion during precedin }2 months
N/A (Existing bulkhea
(Source of information)
f. Type of bulkhead or riprap material
Class "B" Stone (5" - 15114--
9. Amount of fill in cubic yards to be placed below
water level
(1) Riprap 280 CYf
(2) Bulkhead backfill
h. Type of fill material No f; 11 required
i. Source of fi11 material N/A
4. OTHER FILL ACTIMUS
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
xx yes No
a. How will excavated or fill material be kept on site
and erosion controlled? Construct
rio-rap first per Section B-B,
with filter fabric, then lace
fill behind rip-rap.
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Crane operating from bar e
c. Will wetlands be cr3ssed in transporting equipment
to project site? yes xx No
If yes, explain steps that will be taken to lessen
environmental impacts.
A t or N
-
tuts
Date
Revised 03195

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ON RIVERSIDE AVE. CKD: WPAI
- 1715 WEEKSVILLE RD.
ELIZABETH Cm, NORTH CAROLINA

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"FOREMAN PROPERTY" DWN: -P: BOX 391----- --
CKO: WPM _ 1713 WEEKSVILLE RD.
ON RIVERSIDE AVE. SCALE: AS SLjOo ELIZABETH CITY, NORM CAROLINA
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ELIZABETH CITY, NORTH CAROLINA Sl1EET. 3 OF 3