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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
BRAXTON C.DAVIS
Director
September 21, 2020
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: 252-247-3330 (Courier 04-16-33)
gregg.bodnara ncdenr.gov
SUBJECT: CAMA/Dredge Fill& Application Review
Applicant: Anita Small Oldham
Project Location: 0000 Rebellion Point Road in Pasquotank County
Proposed Project: Install a riprap sill for wetland protection adjacent to the Albemarle Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by October 12, 2020. If you have any
questions regarding the proposed project, contact Cynthia Rountree (252-264-3901, ext. 234)when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
NORTH EQ�/
DgiNnent ofFmimmmnm DirYt�
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909
252.264.3901
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Anita Small Oldham
2. LOCATION OF PROJECT SITE: 0000 Rebellion Point Rd. (SR 1103), Pasquotank
County, adjacent to Albemarle Sound
Latitude: 36° 7'26.16"N Longitude: -76°10'4.59"W
3. INVESTIGATION TYPE: CAMA & Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — July 16, 2019
Was Applicant Present — no but agent was
5. PROCESSING PROCEDURE: Application Received Complete — September 15, 2020
Office — Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Pasquotank County
Land Classification From LUP —A-1 Agricultural
(B) AEC(s) Involved: Estuarine Shorelines, Public Trust Area and Estuarine Waters
(C) Water Dependent: Yes
(D) Intended Use: Private/Community
(E) Wastewater Treatment: Existing - septic
Planned - none
(F) Type of Structures: Existing — Cottage, Pier, deck, riprap and failed
bulkhead
Planned - Wetland sills
(G) Estimated Annual Rate of Erosion: 1.76 feet per year
Source - applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED SHADED
(A) Shallow Bottom (EW, PTA) 13,320 sqft
(B) Open Water (EW, PTA)
(C) High Ground (ES) 485 sqft
(D) Total Area Disturbed: 13,805 sqft
(E) Primary Nursery Area: No
(F) Water Classification: SB Open to shellfishing: No
Anita Small Oldham
Field Investigation Report
Page 2
PROJECT SUMMARY:
The applicant proposes to install a riprap sill for wetland protection adjacent to the Albemarle
Sound.
Project Setting
The property proposed for development is located at 000 Rebellion Point Road (SR1103
adjacent to 157 Rebellion Point Rd) in Pasquotank County and consists of approximately 58.19
acres adjacent to the Albemarle Sound. The property currently contains a cabin with a
deck and pier, 500 feet of riprap revetment on the western end of the lot, and a remnant
wooden bulkhead with broken concrete cap along the eastern end of the shoreline. The
property also contains a wetland fringe along the majority of the shoreline. The property to the
west is a residential lot and the property to the east is a vacant lot.
Vegetation on the site includes, but is not limited to, indigenous yard grasses, various pine
trees, Phragmites australis, Cordgrass (Spartina spp.), Sawgrass (Caldium jamaicense) and
other noncoastal wetland species. Soil Types include Chapanoke Silt (ChA) and Gertie Silt
Loam (GtA). The property has an elevation of approximately 2 feet above normal water level
(NWL) along the shoreline.
The shoreline is 1951 feet in length and contains a wetland fringe along the majority of the
length of the property. The water classification for this area is Primary Recreation, Salt
Water (SB) and are coastal waters that are closed to shellfishing. There were no observed
submerged aquatic vegetation in the SAV survey conducted in April of 2020 or in the survey
done in September except for some algae growing on the concrete slabs. Historically there
have been no documented SAV in this area. The water depths range from 1 foot closest the
shoreline on the eastern section to 2.5 feet along the western point.
Development Proposal
The applicant proposes to stabilize 1050 feet of shoreline using a rock wetland sill constructed
using the broken up concrete from the old bulkhead cap. The structure will consist of 11 outer
sill segments that are 12 foot wide at the base, 95-100 feet long, and separated by 5 foot gaps.
On the landward side of these longer sill segments the applicant proposes to place 10 smaller
inner sill segments that are 8 foot wide at the base, 15 foot long and positioned 5 foot from the
outer segments behind the 5 foot gaps created in the larger segments. The water depths
within the inner sill section are between 1-2 feet below normal water level while those near the
outer segments are between 2.5-3.5 feet. The proposed sills will have a maximum height of 6
inches to 1 foot above Normal Water Level (NWL) as measured from the closest escarpment
location. Additional concrete slab or stone will be brought onsite as needed. The slope of each
sill will have a 2:1 ratio along their entirety. The applicant also proposes to place 485 square
feet of fill in the eastern corner of the portion of the land that extends out in the water to fill in a
small eroded area not containing wetlands,all of which is to be placed above NWL.
Anita Small Oldham
Field Investigation Report
Page 3
Anticipated Impacts
The proposed development will result in the shading the filling of 13,320 square feet of
Estuarine Waters and Public Trust Areas of Environmental Concern. The proposed
development will also result in the filling of 485 square feet of Estuarine Shorelines Areas in
Environmental Concern. Temporary turbidity will possibly occur during construction.
Submitted by: Cynthia Rountree
Date: 9/16/20
Receiveri
Oldham Shoreline Project— Narrative k "
Anita S. Oldham — CAMA Major Permit Applicant
Elizabeth City, North Carolina, Pasquotank County
The Oldham Shoreline Project is being undertaken by Anita S. Oldham on a waterfront parcel she owns at
0000 Rebellion Point Road, Elizabeth City, NC in order to stabilize eroding shoreline on the parcel and
preserve the parcel from future erosion by wave action generated from the Albemarle Sound. This cover
letter and narrative will discuss and give details of the construction project.
• See Drawing 1 of 2, Project Pre-Construction View.
Parcel Overview and Current Shoreline
The Oldham parcel is located on the north shore of Albemarle Sound at the end of Rebellion Point Road
in Pasquotank County. The shoreline of the parcel has a total length of 1951 feet running east to west.
In 2017 Parks Land Development, Inc., Elizabeth City, NC, stabilized 500 feet of shoreline at the western
end of the Oldham parcel with a broken concrete slab revetment, authorized by CAMA General permit#
67358A. The owner now proposes to complete stabilization of an additional 1050 feet of shoreline using
existing broken concrete slab as riprap,authorized by a CAMA Major Permit.
This 1050 feet of Oldham shoreline was stabilized prior to 1993 and prior to Anita Oldham's acquisition of
the property. The stabilization involved construction of wooden bulkhead beginning at the western
adjoining parcel line and running along the shoreline for 1600 feet until reaching the mouth of a blue-line
stream that empties into the Sound. The then-current owner then added a 4 to 6-inch-thick poured
concrete cap behind the bulkhead 12-15 feet wide between the bulkhead and the shoreline.
Since its pre-1993 construction the elevation of the bulkhead and cap allowed overwash from wave action
generated by the Sound to begin eroding the shoreline behind the concrete cap, forming a 1.5-ft tall
escarpment landward of the cap. In addition,the wooden bulkhead began deteriorating and falling apart
in approximately 2008, also due to wave action on this high-energy shoreline. The deterioration of the
bulkhead allowed the concrete cap to be under-washed with subsequent land erosion underneath and
landward of the cap. Historic aerial photography shows the concrete cap whole and in place up until 2008,
though bulkhead damage can be seen.
By 2013, damage to the concrete cap can be seen in aerials on the eastern end of the property along with
further damage to the bulkhead. On 2016 aerials, severe damage to the concrete cap and bulkhead can
be seen with approximately 75%of the concrete cap having broken up and collapsed into the water and
shore. By 2019, approximately 100%of the concrete cap was broken and collapsed, laying in the water
between the old bulkhead and the current normal water line. Remnants of the old bulkhead remain just
waterward of the broken concrete along the entire shoreline.
Both coastal and 404 wetland foliage species have grown up along the entire shoreline at this time,except
for one 30-ft long section at an inside corner of the shoreline that has eroded adjacent to a cultivated field
and woods. This section is approximately 100 square feet in size with a depth below normal ground level
Received
of 1.5 feet. It is located landward of normal water level and has no wetland species e sEl reline
length. The owner proposes to fill this area to normal ground level, using approximately 5.5 cubic yards
of sand to do so,and then installing ground cover.
The remaining shoreline foliage category locations are illustrated on map 1 of 1. The wetland species are
generally located in a band along the shoreline approximately 6 feet wide,inside the formerly bulkheaded
area and landward of the broken concrete slabs in the water. In some areas, wetland foliage has grown
over the escarpment and extend landward for several feet. 404 wetland species have grown landward
from the water's edge in the easternmost 265 feet of shoreline, over the escarpment edge, and then 30
to 40 feet inland into a wooded area.
Generally,the broken concrete slabs now extend in a band down the entire shoreline a minimum of 6 feet
wide and up to 18 feet wide in some areas, with an average width of approximately 8 to 10 feet. The
concrete is generally in large slabs containing little metal or rebar and will need to be broken up to be of
use. The owner proposes to use as much of this concrete as possible as a base for shoreline stabilization
of the property.
Shoreline Stabilization with Rock Sill
• See Drawing 2 of 2, Project Post-Construction View
Stabilization is proposed along the shoreline of the Oldham parcel from the end of the previously
stabilized shoreline at the western end of the parcel,to the mouth of the blue-line stream near the eastern
end of the parcel, ending 235 feet from the eastern adjoining property line.
With the growth of wetland foliage along the remaining shoreline,the owner proposes to construct a low-
elevation segmented rock sill 1050 feet long along the shoreline and slightly offshore, using the existing
broken concrete as a base for the structure. The structure will consist of eleven outer sill segments,each
12 feet wide at the base,95-100 feet long, and separated by a 5-ft wide gap. A series of 10 smaller inner
sill segments, each 8 feet wide at the base and 15 feet long, will be constructed 5 feet landward of the
outer segments and will overlap the gaps between the outer sill segments by 5 feet each side. Water
depths are 1 -2 feet at the inner sill locations,and 2.5-3.5 feet at the outer sill locations.
The existing large concrete slabs laying in the water will be broken up in place into 2 to 3-foot wide pieces,
any metal or rebar removed, and then consolidated into a firm base for the sill. If needed, the concrete
slab will be removed from the water,broken upon shore,and then replaced at the sill location. All existing
concrete slab located along the shoreline will be used for the sill construction. The owner proposes to
construct the sill a maximum of 6 inches above normal ground level measured at the closest escarpment
edge. Additional concrete slab or granite stone will be brought on site by the contractor as needed.
Each outer sill segment will be constructed as a 95 to 100-ft long pyramidal structure with a 2:1 slope, a
few feet waterward of existing wetland grasses, running parallel to the shoreline. The sill will have a 12-
ft wide base below normal water level but will be kept low in final elevation, peaking at no more than 6
inches to one foot above normal high water level. The low height will allow large storm-induced waves
to pass over into the area behind the sill but will break the wave action to reduce or prevent further
Received
i ;: 1
erosion. Existing wetland foliage landward of the sill will remain in place undisturbed. peater
behind the sill will be allowed to return by flowing through the gaps between the inner and outer sil s.
Protection of Existing Wetland Resources
There are two identified wetland areas within 100 feet landward of the proposed construction site. One
is a 0.21-acre area inside the western peninsula on the parcel, separated from the shoreline by
approximately 40 feet of upland, and is a low cleared area. The other is a 0.64-acre wetland area at the
eastern end of the parcel,extending to the shoreline,and is a wooded wetland. Both areas were identified
and marked as 404 wetlands during a site visit for preliminary jurisdictional determination by Krysta Stygar
with the US Army Corps of Engineers on July 17, 2019.
It will be necessary to cross both areas of wetlands to construct shoreline stabilization measures in the
proposed project. It is the applicant's intention to impact these wetland areas only temporarily by having
the contractor place logging mats over the areas and then removing them once the project is finished.
Groundcover will then be reestablished over the areas. The 0.21-acre wetlands area will be used as a
construction equipment staging area, and the other area will only be crossed by equipment to access
construction on the shoreline. The wetland areas will be well marked and monitored weekly to prevent
permanent damage to the areas.
Conclusion:
All riparian landowners have been contacted and made aware of the proposed construction project. The
landowners were contacted by certified mail on January 11,2020 with information about the construction
project, which included maps, a narrative description of the project, and a copy of the full application
package, including MP-1 and MP-2. There have been no negative comments received so far from any
adjacent landowners.
Mrs.Anita Oldham does hereby request approval of this CAMA major permit and asks that it be expedited
as soon as possible. Mrs. Oldham appreciates your consideration of this application.
Sincerely,
Ken Elliott
Elliott Consulting
For Anita Oldham,Applicant
June 7, 2020
Received
1Gi i 1 '.
Oldham Shoreline Project
Rebellion Point Road DCMF
Elizabeth City, NC 27909
Photos showing current bulkhead at Anita Oldham property, including broken or deteriorated wood
bulkhead, broken and fallen concrete bulkhead fill, under-wash of concrete,erosion of shoreline,wetland
foliage growth along shore.
Elliott Consulting
May 1, 2020
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Oldham Shoreline Topo Mail
Page 1 of 2
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Page2of2
DCMMP-1 Received ec. Ned
APPLICATION for ►JI 2 7 "b39 �'
Major Development Permit pc ,',EC
(last revised 12127/08)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/Landowner Information
Business Name Project Name(if applicable)
Anita Small Oldham Oldham Shoreline Project
Applicant 1: First Name MI Last Name
Anita S. Oldham
Applicant 2: First Name MI Last Name
NA NA NA
If additional applicants,please attach an additional page(s)with names listed.
Mailing Address PO Box City State
2764 Millbrook Drive NA Greenville NC
ZIP Country Phone No. FAX No.
27858 USA 919 - 906 -4593 ext. NA -
Street Address(if different from above) City State ZIP
NA NA NA NA"
Email
asoldham80@gmail.com
2. Agent/Contractor Information
Business Name
Elliott Consulting
Agent/Contractor 1: First Name MI Last Name
Kenneth C. Elliott
Agent/Contractor 2: First Name MI Last Name
NA NA NA
Mailing Address PO Box City State
202 Elliott Road 112 A dlett NC
ZIP Phone No. 1 Phone No. 2
27916 NA 252 ' 339 - 9021 ext. NA - - ext.
FAX No. Contractor#
888-637-6241 NA
Street Address(if different from above) City State ZIP
NA NA NA NA -
Email
ken@kenobx.com
<Form continues on back>
Form DCM MP-1 (Page 2 of 4) j z e c a ive(4, APPLICATION for
Major Development Permit
9 r/ ll!%il
3. Project Location
DCMEC
County(can be multiple) Street Address u
State Rd.#
Pasquotank 0000 Rebellion Point Road SR 1103
Subdivision Name City State Zip
Rebellion Point Elizabeth City NC 27909
Phone No. Lot No.(s) (if many,attach additional page with list)
919 - 906 - 4593 ext. (Owner) NA ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Pasquotank Albemarle Sound
c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural ['Manmade ['Unknown Albemarle Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed
OgYes ❑No work falls within.
Pasquotank County
4. Site Description
a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.)
1951 ft 2,534,756 sq. ft. (58.19 ac)
c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or
2,534,756 sq. ft. (58.19 ac) NWL(normal water level)
(If many lot sizes,please attach additional page with a list) ❑NHW or®NWL 2 feet above
e. Vegetation on tract
Landward of NWL: 1.43 ac residential lawn and grassland, 31.76 ac forest land (pine), 25.0 ac cultivated
field (soybeans), wetland species: phragmites, cord grass, sawgrass. Waterward of NWL: phragmites,
cordgrass.
f. Man-made features and uses now on tract
1.43 ac residential lot with 760 sf cottage, deck, and 300' x 6' pier, 31.76 ac tree farm (pine), 25.0 ac
open cultivated field.
g. Identify and describe the existing land uses adiacent to the proposed project site.
West- residential; east- tree farm and cultivated field; north - tree farm and cultivated field; south
-Albemarle Sound.
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
A-1 Agriculture (Attach zoning compliance certificate,if applicable)
®Yes ❑No DNA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes ®No
k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. DYes El No DNA
If yes,by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes LINO DNA
National Register listed or eligible property?
<Form continues on next page>
252-808-2808 1-388,4f C ?i?t5T
Form DCM MP-1 (Page 3 of 4) ;deceived APPLICATION for
Major Development Permit
JUL 9, 'IL',
m. (i) Are there wetlands on the site? ®Yes ONo
(ii)Are there coastal wetlands on the site? ®Yes ONo
(iii)If yes to either(i)or(ii)above,has a delineation been conducted? I/lYes ONo
(Attach documentation,if available)
n. Describe existing wastewater treatment facilities.
Septic tank& drain field at cottage, 400 feet from work site.
o. Describe existing drinking water supply source.
Groundwater well at cottage, no county water service.
p. Describe existing storm water management or treatment systems.
None, cultivated field and forest land.
5. Activities and Impacts
a. Will the project be for commercial,public,or private use? ['Commercial ❑PubliclGovernment
Private/Community
b. Give a brief description of purpose,use,and daily operations of the project when complete.
Purpose of project will strictly be to re-stabilize the shoreline by pulling back and consolidating the
existing broken concrete riprap along with new concrete riprap into a 12-ft wide sill along the eroded •
shoreline, to construct a usable barrier for shoreline protection.
c. Describe the proposed construction methodology,types of construction equipment to be used during construction,the number of each type
of equipment and where it is to be stored.
Trees&foliage removed by mower to access shoreline, logging mats placed for temporary wetlands protection. Old
riprap to be removed and broken up, then placed in position with excavator or backhoe, new riprap added to build sil
to permitted height,tractor used to grade& level disturbed land, groundcover sown, equipment storage in adjacent field.
d. List all development activities you propose.
Currently, no development beyond stabilization of shoreline.
e. Are the proposed activities maintenance of an existing project,new work,or both?
New work: replacement of old wooden bulkhead with new riprap offshore sill.
f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or®Acres
0.24-ac along shoreline (riprap), 1.37 acres temporary disturbance landward.
g. Will the proposed project encroach on any public easement,public accessway or other area ❑Yes i'JNo DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None
i. Will wastewater or stormwater be discharged into a wetland? ❑Yes No DNA
If yes,will this discharged water be of the same salinity as the receiving water? ❑Yes ONo CNNA
j. Is there any mitigation proposed? ❑Yes I$1No DNA
If yes,attach a mitigation proposal.
<Form continues on back>
2 z2•t3o£3-2;: .. .;cataim:anacgement.iiiar
Form DCM MP-1 (Page 4 of 4) APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form,(MP-1)the following items below,if applicable,must be submitted in order for the application
package to be complete. Items(a)—(f)are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Pease give the present status of the
proposed project. Is any portion already complete?If previously authorized work,clearly indicate cn maps,plats,drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detaled to guide agency personnel unfamiliar with thearea to the site.
d. A copy of the deed(with state application only)or other instrument under which the applicant clams title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of he 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 tothe Division of Coastal Management.
Name Noel W.&Gladys Meggs Phone No.252-330-2208(P)
Address 157 Rebellion Pt.Rd., Elizabeth City, NC 27909 919-330-2208(C)
Name Harry John Robinson Phone No.252-335-5200(P)
Address 203 Dogwood Trail, Elizabeth City, NC 27909
Name Phone No.
Address
g. A list of previous state or federal permits issied for work on the project tract. Include pennitnumbers,permittee,and issuing dates.
CAMA General Permit#67358A for 500 feet of riprap shoreline stabilization west of current project,
issued 2017 to Anita Oldham.
h. Signed consultant or agent authorization form,r applicable.
i. Wetland delineation,if necessary.
J. A signed AEC hazard notice for projects in ocearfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C.Environmental Policy Act(N.C.G.S.113A 1-10),if necessary. If the project involves expenditure
of public funds or use of public lands,attach a sbtement documenting compliance with the North Caroina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response tothis application will allow only the development described in the application.
The project will be subject to the conditions and estrictions contained in the permit.
I certify that I am authorized to grant,and do infect grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection wih evaluating information related to this permit applcation and follow-up
monitoring of the project.
I further certify that the information provided inthis application Is truthful to the best of my knovledge.
Date X July 8,2020 Print Name Anita S. Oldham
Signature X
Please indicate application attachments pertainingto your proposed project.
(7�DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
r
2:S.. -808.2808 .. i-£;tt3--�iftGOA.ST ,. www.necnastaimaieayement.netReceived
JUL2 7 !19!)Z0
DCM-EC
Received Received
Form DCM MP-2
EXCAVATION and FILL DCM EC DC lC
(Except for 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. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding
(NLW or Breakwater shoreline
NWL) stabilization)
Length NA NA NA NA NA 1010'/ 150' NA
Width NA NA NA NA NA 12'/8' NA
Avg.Existing
Depth NA NA NA NA NA NA NA
Final Project NA NA
Depth NA NA NA NA NA
9. EXCAVATION IN This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards.
(CW),submerged aquatic vegetation(SAV),shell bottom(SB),
or other wetlands(WL)? If any boxes are checked,provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii)Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL I This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
Oyes ❑No DNA Oyes ❑No DNA
(ii)If no,attach a letter granting permission from the owner. (ii)If yes,where?
e. (i)Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water?
(CW),submerged aquatic vegetation(SAV),shell bottom(SB), ❑Yes ❑No DNA
or other wetlands(WL)? If any boxes are checked,provide the
number of square feet affected. (ii)If yes,how much water area is affected?
❑CW ❑SAV ❑SB
OWL ❑None
(ii)Describe the purpose of disposal in these areas:
252-8D8.2808 ;: 1-888.4RCOAST :: www.ncc.nastaimnan:9aen ent.net revised: 12126 06
Receive.
Form 0CM MP-2 (Excavation and Fill, Page 2 of 2) r.
3. SHORELINE STABILIZATION h i section not applicable
(If development is a wood groin, use MP-4—Structures) U
a. Type of shoreline stabilization: b. Length: 1010 ft (outer sill), 150 ft (inner sill)
❑Bulkhead ❑Riprap ®Breakwater/Sill ['Other: Width: 12 ft(outer sill), 8 ft (inner sill)
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
Outer sill - 13 feet, inner sills- 3 feet 23 feet(outer sill)
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
months'?
Existing broken concrete slabs in water on site to ®Yes ❑No ❑NA
be broken up to 9" -23"diameter& steel rebar
removed, additional concrete riprap or DOT Class 2 (ii)Ifn oyes,m state amount of erosion and source of erosion amount
p p information.
granite added for dressing to permitted height. 1.76 ft/year avg., site survey Jun 2019, GE historical
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap Existing broken concrete, new broken concrete slab,
Breakwater/Sill 13,320 sf Other new NCDOT Class 2 stone.
i. Source of fill material.
Parks Land Dev., Inc., Elizabeth City, NC
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW),
If yes, cr submerged aquatic vegetation(SAV),shell bottom(SB),or
(ii)Amount of material to be nlacied in the water 21 cu. yds. other wetlands(WL)? If any boxes are checked,provide the
�1 8�SR • ft number of square feet affected.
(iii)Dimensions of fill area q ❑CW ❑SAV ❑SB
(iv)Purpose of fill
OWL ®None
Inside eroded corner to be filled above NWL, (ii)Describe the purpose of the fill in these areas:
no groundcover present, to replace eroded
stturetirle.
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline,
controlled? backhoe,or hydraulic dredge)?
Fill material will be stockpiled in adjacent Excavator, backhoe, loader, skid-steer loader,
cultivated field for temporary staging only. dump truck
c. (I) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
Oyes EXNo DNA site? [$Yes ❑No DNA
(ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize
environmental impacts.
Logging mats will be placed over designated wetlands
& removed at end of project, disturbed land reclaimed
with new groundcover.
x September 2, 2020 Ken Elliott for Anita S. Oldham
Date Applicant Name
RepayN'K.n E nn.y G noa
ReMott
ason Ken ellalt,D=Efa"Con and i le E•ken�b,wN.mn
Oldham Shoreline Project x en Elliott Loots=eeee'oree<a,e�en�'�e9�� ' .n'
� Erion ng
Del.:2020-09-02 2390:01
Project Name Applicant Signature
252-808-280 :s 14381-4RCOAST::www.ncc artalrn nz gesneritnet revised: 12126106
Received
tCM
Refer to Judgment-F.P. Markham, Jr. EstatgH 45ff fAIE72
need Book 456 , Page 658 ", gg-�
C"/
NORTH CAROLINAPreparedbye G. Elvin email, III
Attorney at Law
PASQUOTANK COUNTY
•
THIS DEED, made and entered into this the 13th day of •
March , 1985, by and between FREDERICK PENDLETON
MARKHAM, III and wife, PATRICIA MARKHAM; DEBRA ANN MARKItAM, Un- •
married; G. ELVIN SMALL, III and wife, MARGARET P. SMALL;
FREDERICK PENDLETON MARKHAM SMALL and wife, ROBIN A. SMALL;
ANITA LISTER SMALL OI.DHAM and husband, KIRK BRADLEY OLDHAM;
BEVERLY MARKHAM SMALL and husband, GASTON E. SMALL, JR"; and
GEORGE S.JACKSON, as Administrator CTA of the Estate of Fred P.
Markham, Jr., Parties of the First"Part; and ANITA SMALL OLDHAM,
Route 1, Box 360, Elizabeth City, NC 27909, Party of the Second
Part;
W I T N E S S E T H :
That the said parties of the first part, for and in consid-
eration of the exchange of other property made simultaneously her
with, and pursuant to the provisions of that certain Consent
Judgment and Order entered by the Honorable John B. Lewis, Jr„
Superior Court Judge presiding at the October 29, 1984 Civil
Session of Pasquotank County Superior Court, in the proceeding
• entitled "In the Matter of the Will of Fred P. Markham, Jr.,
Deceased" bearing File No: 83-E-111, in the Office of the Clerk
of Superior. Court of Pasquotank County, and "G. Elvin Small, III,
et al vs. Frederick Pendleton Markham, III, et a1," bearing File pS'
No: 83-CVS-319, in the Office of the Clerk of Superior Court of LA
Pasquotank County, and for and in consideration of the sum of
ONE DOLLAR ($1.00) and other good and valuable considerations
to them paid by the party of the second part, the receipt of which
is hereby acknowledged, have bargained and sold, and by these
presents do bargain, sell, give, grant, and convey unto the said
party of the second part, her heirs and assigns, all that certain
receMW Inknost M 3�'9
t e ed Fo By This Of '
Pamotenk County az Uyervyp
• ,y� ceived
,2
•
. ._... R.i e 90.' .C
O0 458 PAGE 722
tract or parcel of land lying and being in Salem Township,
Pasquotank County, North Carolina, and more particularly described
as follows:
limw
All that certain tract or parcel of land, con-
taining 80 acres more or less, located, lying
and being in Salem Township, Pasquotank County
North Carolina, being bounded on the north by
the lands known as the Lister Farm, now or for-
merly owned by Mrs. Goldie Lister Markham and the
farm known as the Leigh Farm belonging now or
formerly to C.O. Robinson, formerly owned by his
mother, Mary Leigh Robinson, on the east by the
farm known as the Leigh farm, now belonging or
formerly belonging to C,O. Robinson; on the
south by the Albemarle Sound, the lands of Mrs.
M. Saunders and the lands of H. Cartwright and on
the west by the lands of W.E. Spruill and the
I lands known as the Lister farm, now or formerly
belonging to Goldie Lister Markham.
EXCEPTION: There is excepted from the tract of
land above described and herein conveyed, a parcel
of two acres, more or less, bounded as follows:
on the north by the lands of Goldie Lister Markham,
I on the east by the lands formerly owned by John A.
Cartwright and R.C. Lowry, now or formerly owned
by Clarence White and Josephine Waite; on the south
by the Albemarle Sound, the lots of Andrew Sanders
and H. Cartwright; on the west, by the lands owned
by Andrew Sanders. For further description see
deeds from L.S. Blades, Jr., Commissioner to
R.C.Lowry, dated August 7, 1939, recorded in Book
96, Page 478, and deed from R.C. Lowry to Clarence
White and Josephine White dated August 28, 1940
recorded in Book 100, Page 137, in the Public
Registry of Pasquotank County, NC. oft.
This being the same property conveyed to Fred P.
Markham, Jr., by Deed dated February 20, 1956 and
recorded in Deed Book 190, Page 483, in the Office
of the Register of Deeds of Pasquotank County, and
devised under the Will of Fred P. Markham, Jr. to
the party of.the second part, said Will being filed
in Estate File No: 83-E-111 in the Office of the
Clerk of Superior Court of Pasquotank County.
TO HAVE AND TO HOLD the aforesaid land, together with I
=11 privileges and appurtenances thereunto belonging unto the
:aid party of the second part, her heirs and assigns forever.
IN WITNESS WHEREOF, the said parties of the first part
re hereunto set their hands and seals, this the day and year
first above written. s.
nf4 ,*SEAL)
FredericlF en eton Markham, III
Patricia ar hs a )
2
imams
ceived
CM-EC
BOOK 456 PACE723
�L & t,,,, (SEAL)
bebr 'ham
SEAL)
. E v ma , I
_rn AIT1 Small tar l (SEAL)
r are .
(SEAL)
Freder cf eton Markham Small
�• Ar,,,04 (SEAL)
Robin A. Small
a
� L stetm Sa1T Oldham
eB ad1ey.j 1'h ' (SEAL)
1CL Bradley ib ham
AdI �i 4,.. /if SAL)
ve•gait
j' /.
� /(SEAL)
asto . Sma t,-Jr.
/ (SEAL)
' o ge . son, Administrator CT•
o the Es - of Fred P. Markham, J .
:NORTH CAROLINA
PASQUOTANK COUNTY
I, the undersigned Notary Public, do hereby certify that
Frederick Pendleton Markham, III and wife, Patricia Markham,
personally appeared before me this day and acknowledgep"'dki.
execution of the foregoing instrument for the purpos4 r ..
expressed. s; ,
WITNESS my hand and notarial seal, this the ky of d2
1„ei 1985. , c 0\,,�
Notary Public
My Commission Expires:
NORTH CAR INA
PASQUOTANK COUNTY
I, the undersigned Notary Public, do hereby certify that
Debra Ann Markham, personally appeared before me this day and
acknow9.edrd the due execution of the foregoing instrument for th-
_ v
purg4eee'k"t . in expressed.
c- r r ITti 5'my hand and notarial seal, this the AC?AC? day of
— - ¢ _'T Y'< 1985-
�'•,` otary u is
My eA Expirea:
t
Received
•
CM-EC
cox 456 PAce724
NORTH CAROLINA , •
PASQUOTANK COUNTY
ear
I, the undersigned Notary Public, do hereby certify that
G. Elvin Small, III and wife, Margaret P. Small, personally ap-
peared before me this day and acknowledged the due execution of
the foregoing instrument for the purposes therein expressed.
WITNESS my hand and notarial seal, this the��19t day of
at , 1985.
Fcn p P. blic''y :�0 Y
106, piC,f nission Expires:
-"4• � RTH CAROLINA
. PASQUOTANK COUNTY
I, the undersigned Notary Public, do hereby certify that
Frederick Pendleton Markham Small and wife, Robin A. Small,
personally appeared before me this day and acknowledged the due
•
execution of the foregoing instrument for the purposes therein
expressed.
Umw
WITNES my hand and notarial seal, this then day of
ta, , 1985. •
4.OT„PRY.v is
y=?' Gq O[hs.9ion Expires:
Life AVE
E OF 11 �,�
i �
'COUNTY OF / .J',,..a.a
I, the undersigned Notary Public do hereby certify that
•,ita Lister Small Oldham and husband, Kirk Bradley Oldham,
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein
expressed.
-4-
Received
n.. DCM-EC
.
vox 5B PacE725
WITNESS my hand and notarial seal, this the day of
•
otary Public � �
o My Coon Expires:
•>y,;.,I Nttiw, 4veol FlorksmLsC,
. �I :yrytt3fi` .1pnFapU@f:MyV.t
.I ;.0. `B CAROLINA •
PASQUOTANE COUNTY
I, the undersigned Notary Public, do hereby certify that
Beverly Markham Small and husband, Gaston E. Small, Jr., personally
appeared before me this day and acknowledged the due execution of
the foregoing instrument for the purposes therein expressed.
WI SS my hand and notarial seal, this this aie'day of
s sat e `.: , 1985.
kx.011t Notary u is
dI Imtission Expires:
NORTH CAROLINA
PASQUOTANR COUNTY
I, the undersigned Notary Public, do hereby certify that
George S.Jackson, as Administrator CTA of the Estate of Fred P.
Markham, Jr., personally appeared before me this day and acknow-
ledged the due execution of the foregoing instrument for the
purposes therein expressed.
WITNESS my hand and notarial seal, this the 20t1 day of
June 1985.
-o - Notary pub 1 c
�Go> R Expires:
•e'•+',i:1986
-5-
'
BECK 456 PAGE!26
NORTH CAROLINA
PASQUOTANR COUNTY
The foregoing or annexed certificates of Trans T. Cooper a
Notary Public of Perquimans County, North Carolina; Lois Foster, _.A( I +4,,
a Notary Public of Pasquotank County, North Carolina; Beverly E.
Gregory, a Notary Public of Pasquotank County, North Carolina; rM+
Joyce E. Urda, a Notary Public of Florida at Large and Susan R.
Armstrong, a Notary Public of Pasquotank County, North Carolina,
are certified to be correct.
This the 26bh day of June , 1985.
Res r o eeds
By.
Deputy
v.
Piled for registration the D.(q-}11 day of 91„1.,A19—i
. 1985.at la:t5'Pm and registered on the o�7 day o . 1985.
C-'4 .
l-.. (Ai i._i ,Register of Deeds
BY+ Its. • lArrt) LN .Deputy
-6-
BOOK 532PABE 509
Return: Div. Marine Fisheries, Submerged Lands, PO Box 769, Morehead City, NC 28557
STATE OF NORTH CAROLINA TAX I.D. NO. Gig-i
PASQUOTANK COUNTY
IN RE CLAIM OF ) DECLARATION OF FINAL
Anita Small Oldham ) jRESOLUTION OF
) CLAIM TO SUBNERGED LANDS
TAKE NOTICE:
1, Pursuant to C.S. 113-205, 113-206 and the rules promulgated thereunder, the
Secretary of the North Carolina Department of Environment, Health, end Natural
Resources, through his designee, the Director of the Division of Marine Fisheries, has
issued a final resolution pursuant to G.S. 113-206 and 15A NCAC 01C.0103 concerning
the submerged land claim originally filed by Fred P. Markham, Jr..
2. The lands subject to thin final resolution are limited to those submerged
lands which were claimed by Fred P. Markham, Jr. pursuant to G.S. 113-205 and are
described more fully in the following:
Deed Book 456 Page 721, Pasquotank County Register of Deeds
3. As the successor in interest to the original claimant, Fred P.Markham, Jr.,
the current claimant, Anita Small Oldham, asserted title to the submerged lands
covered by the claim.
4. The interest now claimed by Anita Small Oldham in the lands described has
been denied. This final resolution does not affect or impair the common law riparian
or littoral rights running with lands located above the mean high water mark.
S. Notice of this final resolution has been duly served on Anita Small Oldham
by certified mail.
6. The Secretary directs that this declaration be recorded under Anita Small
Oldham in the grantor index end cross-indexed under the State of North Carolina in the
grantee index in the PASQUOTANK County Register of Deeds.
This the day of,411 P_-, 19 9L
�0 WILLIAM W. COBEY, JR.
Secretary
By: e-Y hoVrms,e2m.
William T. Hogarth, Ph.D., Director
North Carolina Division of Marine
Fisheries, Department of Environment,
Health, and Natural Resources
Pursuant to 15A NCAC 01G.0103(3)
0
MAJOR PERMIT FEE MATRIX
Applicant: 4NL7 Q OL/JH'1/'J
Selection Development Type Fee DCM % DWQ%
(14300 1601 435100093 1625 6253) (24300 1602 435100095 2341)
I. Private, non-commercial
development that does not $250 100% ($250) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
0 development that does not $400 100% ($400) 0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a $250 100% ($250) 0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if $250 100% ($250) 0% ($0)
General Water Quality
Certification No. 4097 (See
attached) can be applied:
III(B). Public or commercial
development, if General $400 100% ($400) 0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
4097 (see attached)could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No. $400 60% ($240) 40% ($160)
4097 (see attached) cannot
be applied:
IV. For development that
involves the filling and/or $475 60% ($285) 40% ($190)
excavation of more than
one acre of wetlands and/or
i
open water areas:
ti
o S Pr\r 4-4ca-p- --teAAL- ivvot-rt;
,12178,04a, 0:Akc_ Co S A-LJ
nA-e--c 'AAA
S _3?9 9o2
ctc-nr-, Pt PI
ne_ .
*
tr=
Received
SEP 1 i023
DCM-EC
I
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2019-01239 County: Pasauotank County U.S.G.S.Quad: Stevenson Point
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Anita S.Oldham
704 Angelica Circle Receiver
Address: Cary,NC 27518
Telephone Number: (919)906-4593
Size(acres) 1.35 Nearest Town Elizabeth City l !Yi"
Nearest Waterway Albemarle Sound River Basin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude:36.123986
Longitude:-76.167889
Location description: Property is located at 00 Rebellion Point Road,Elizabeth City,Pasquotank County,North Carolina.This
property is a combination of forested,agricultural,and undeveloped residential land. The only portion of the property that was
reviewed is 1.35 acres directly adjacent to the Albemarle Sound a Traditional Navigable Water.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters,including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). The
waters,including wetlands, have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including
determining compensatory mitigation. For purposes of computation of impacts,compensatory mitigation requirements,and other
resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part
331). However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act(CWA)(33
USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).However,since the
waters,including wetlands, have not been properly delineated,this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area,which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act(CWA)(33 USC§
1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to
exceed five years from the date of this notification.
There are waters of the U.S.,including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 2
SAW-2019-01239
_ The waters of the U.S.,including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and
verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to
exceed five years.
_ The waters of the U.S.,including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA).
You should contact the Division of Coastal Management in Elizabeth City,NC,at(252)264-3901 to determine their
requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Krystvnka Stvgar at 910-251-4619 or
Krystvnka.B.Styga ra u s ace.armv.mil.
C. Basis For Determination: The review area exhibits both wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coast Regional Supplement,as well as portions of the review area
exhibiting an Ordinary High Water Mark(OHWM)and is directly abutting the Albemarle Sound a TNW.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B.above)
If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele,Review Officer
60 Forsyth Street SW,Room 10M15
Atlanta,Georgia 30303-8801
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form,it must be received at the above address by NA.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed by
STYGAR•KRYSTYNKA•B STYGAR.KRYSTYNKA.8ETHANIE.14
ETHANIE.1408680430 "68°43°
Corps Regulatory Official: Date:2019.07.1712:32:22-04'00' Received
Date: July 17,2019 Expiration Date:NA $;+4 F
" CM-EC
SAW-2019-01239
The Wilmington District is committed to providing the highest level of support to the public.To help us ensure we
continue to do so,please complete our Customer Satisfaction Survey,located online at
http://colpsmapu.usace.army.mil/cm pex/f?p=136:4:0.
Copy Furnished:
Ken Elliott
PO Box 112
Aydlett,NC 27916
eceived
M.,E C
SAW-2019-01239
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Anita Oldham File Number: SAW-2019-01239 Date: July 17,2019
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.arny.mil/Missions/CivilWorks/RegulatoryprogramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the
permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify the
permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer
will send you a proffered permit for your reconsideration,as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice. 5_� � F,4
SAW-2019-01239
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division, Mr.Jason Steele,Administrative Appeal Review Officer
Attn: Krystynka Stygar CESAD-PDO
2407 West 5th Street U.S.Army Corps of Engineers,South Atlantic Division
Washington,NC 27889 60 Forsyth Street,Room 10M15
Atlanta,Georgia 30303-8801
Phone: (404)562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government
consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn: Krystynka Stygar,2407 West 5th Street,Washington,NC
27889
For Permit denials,Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Jason Steele,
Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: (404) 562-5137
p a f,,.i
DCVEC
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATI ON
A. REPORT COMPLETION DATE FOR PJD:July 17,2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Oldham,Anita,704 Angelica Circle,Cary,NC 27518
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Oldham,Anita/Pasquotank/PJD, SAW-2019-
01239
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County/parish/borough:Pasquotank County City: Elizabeth City
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.123986°Long.:-76.167889°
Universal Transverse Mercator:
Name of nearest waterbody: Albemarle Sound
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): July 16,2017
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Site Latitude(decimal Longitude Estimated amount of Type of aquatic Geographic authority to
Number degrees) (decimal degrees) aquatic resources in resources(i.e., which the aquatic resource
review area(acreage wetland vs.non- "may be"subject(i.e.,
and linear feet,if wetland waters) Section 404 or Section
applicable 10/404)
W I 36.123838 -76.168378 428 SQ FT WETLAND 404
W2 36.124000 -76.166800 0.634 ACRE WETLAND 404/10
Received
;_
CM EC
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit(NWP) or other general permit verification requiring "pre-construction
notification" (PCN), or requests verification for a non-reporting NWP or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1)the permit applicant has elected to seek a permit authorization
based on a PJD,which does not make an official determination of jurisdictional aquatic
resources; (2)the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3)the applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can accept
a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and(7)whether the applicant elects to use either an AJD or a PJD,the JD will be processed
as soon as practicable. Further, an AID, a proffered individual permit(and all terms and
conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If,during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area,the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:
eC ehi
1)C .Fr
SUPPORTING DATA. Data reviewed for PJD(check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Ken Elliott for Anita Oldham
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
['Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report. Rationale:
®Data sheets prepared by the Corps:JULY 16,2019 by Krysta Stygar
❑Corps navigable waters'study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
®U.S.Geological Survey map(s).Cite scale&quad name: Earth Point Topo Map,July 2019
®Natural Resources Conservation Service Soil Survey. Citation: Google Earth Soil Mapper Survey July 2019
®National wetlands inventory map(s). Cite name: USACE Viewer : NWiMapper Layer July 2019
❑State/local wetland inventory map(s):
❑FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): Google Earth Pro 2019,2018,2009
or['Other(Name&Date):
❑Previous determination(s). File no. and date of response letter:
®Otherinforniation(please specify): Site Visit Conducted July 16,2019
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Digitally signed by
STYGAR.KRYSTYNKA.B STYGAR.KRYSTYNKA.BETHANIE.1
ETHANIE.1408680430 408680430
Date:2019.07.17 09:08:27-04'00'
Signature and date of Regulatory Signature and date of person
staff member completing PJD requesting PJD(REQUIRED,
unless obtaining the signature
is impracticable)'
I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action. Received
.I(it. 9
DOM-E
eived
U.S. ARMY CORPS OF ENGINEERS 1
WILMINGTON DISTRICT
D EC
Action Id. SAW-2019-01239 County: Pasquotank County U.S.G.S.Quad:Stevenson PoinC -
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Anita S.Oldham
704 Angelica Circle
Address: Cary,NC 27518
Telephone Number: (919)906-4593
Size(acres) 1.35 Nearest Town Elizabeth City
Nearest Waterway Albemarle Sound River Basin Albemarle-Chowan
USGS HUC 03010205 Coordinates Latitude:36.123986
Longitude: -76.167889
Location description: Property is located at 00 Rebellion Point Road,Elizabeth City,Pasquotank County,North Carolina.This
property is a combination of forested,agricultural,and undeveloped residential land.The only portion of the property that was
reviewed is 1.35 acres directly adjacent to the Albemarle Sound a Traditional Navigable Water.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters,including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). The 1
waters,including wetlands, have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including
determining compensatory mitigation. For purposes of computation of impacts,compensatory mitigation requirements,and other
resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part
331). However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act(CWA)(33
USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).However,since the
waters,including wetlands, have not been properly delineated,this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters,including wetlands, at the project area,which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act(CWA)(33 USC§
1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S.,including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
Page 1 of 2
Received
SAW-2019-01239
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has 44 r' r
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reii
verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to
exceed five years.
The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change inhed
regulations,this determination may be relied upon for a period not to exceed five years from the dater of this not ficatie law or our on.
There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA).
You should contact the Division of Coastal Management in Elizabeth City,NC,at(252)264-3901 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403). if you have any questions
regarding this determination and/or the Corps regulatory program,please contact Krystynka Stygar at 910-251-4619 or
Krystyn ka.B.Styga rAusace.army.mil.
C. Basis For Determination: The review area exhibits both wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coast Regional Supplement,as well as portions of the review area
exhibiting an Ordinary High Water Mark(OHWM)and is directly abutting the Albemarle Sound a TNW.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. if you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B.above)
If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele,Review Officer
60 Forsyth Street SW,Room 10M15
Atlanta,Georgia 30303-8801
in order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by NA.
it is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Digitally signed by
STYGAR.KRYSTYNKA•6 STYGAR,KRYSTYNKA.BETHANIE.14
Corps RegulatoryOfficial:ETHAN'E.1408680430 08680430
Date:2019.07.17 12:32:22-04'00'
Date: July 17,2019 Expiration Date:NA
SAW-2019-01239
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so,please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0.
Received
Copy Furnished: j
Ken Elliott
PO Box 112 1J%I f�,l-E
Aydlett,NC 27916
Received
SAW-2019-01239
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS A1if'D87 .'
REQUEST FOR APPEAL
Applicant: Anita Oldham File Number: SAW-2019-01239 Date: July 17,2019
Attached is: See Section below
E. INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
E PROFFERED PERMIT(Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
1Z PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I- The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http:/,/www.usacc.army.mil/Missions/Civil Works/RegulatoryProgramandPcrmits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: if you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the
permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify the
permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer
will send you a proffered permit for your reconsideration,as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: if you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. if you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• APPEAL: if you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section ii of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD.
• APPEAL: if you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section Ii of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
Received
SAW-2019-01239
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to otik cnizs
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may requdsiWiEoCed
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division, Mr.Jason Steele,Administrative Appeal Review Officer
Attn: Krystynka Stygar CESAD-PDO
2407 West 5th Street U.S.Anny Corps of Engineers,South Atlantic Division
Washington,NC 27889 60 Forsyth Street,Room 10M15
Atlanta,Georgia 30303-8801
Phone: (404)562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government
consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation,and will have the opportunit to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn:Krystynka Stygar,2407 West 5th Street,Washington,NC
27889
For Permit denials,Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Jason Steele,
Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: (404)562-5137
Received
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATIONDCM-EC
A. REPORT COMPLETION DATE FOR PJD:July 17,2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:Oldham,Anita,704 Angelica Circle,Caty,NC 27518
C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington, Oldham,Anita/Pasquotank/PJD,SAW-2019-
01239
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County/parish/borough:Pasquotank County City: Elizabeth City
Center coordinates of site (lat/long in degree decimal format): Lat.: 36.123986"Long.:-76.I67889"
Universal Transverse Mercator:
Name of nearest waterbody: Albemarle Sound
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
t
®Field Determination. Date(s):July 16,2017
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Site Latitude(decimal Longitude Estimated amount of Type of aquatic Geographic authority to
Number degrees) (decimal degrees) aquatic resources in resources(i.e., which the aquatic resource
review area(acreage wetland vs.non- "may be"subject(i.e.,
and linear feet,if wetland waters) Section 404 or Section
applicable 10/404)
W 1 36.123838 -76.168378 428 SQ FT WETLAND 404
W2 36.124000 -76.166800 0.634 ACRE WETLAND 404/10
Received
I) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the DC;-EC
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre-construction
notification" (PCN), or requests verification for a non-reporting NWP or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1)the permit applicant has elected to seek a permit authorization
based on a PJD;which does not make an official determination of jurisdictional aquatic
resources; (2)the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3)the applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can accept
a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary;
(5)undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and(7)whether the applicant elects to use either an AJD or a PJD,the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit(and all terms and
conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If,during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:
Received
S�
1)CM EC
SUPPORTING DATA. Data reviewed for PJD(check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Ken Elliott for Anita Oldham
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report. Rationale:
Data sheets prepared by the Corps:JULY 16,2019 by Krysta Stygar
❑Corps navigable waters'study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
®U.S.Geological Survey map(s).Cite scale&quad name: Earth Point Tono Map,July 2019
®Natural Resources Conservation Service Soil Survey. Citation: Google Earth Soil Mapper Survey July 2019
®National wetlands inventory map(s). Cite name: USACE Viewer: NWIMapper Layer July 2019
❑State/local wetland inventory map(s):
❑FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial(Name & Date): Google Earth Pro 2019,2018,2009
or❑Other(Name&Date):
❑ Previous determination(s). File no. and date of response letter:
®Other information(pleasespecify): Site Visit Conducted July 16,2019
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Digitally signed by
STYGAR.KRYSTYNKA.B STYGAR.KRYSTYNKA.BETHANIE.1
ETHANIE.1408680430 408680430
Date:2019.07.17 09:08:27-04'00'
Signature and date of Regulatory Signature and date of person
staff member completing PJD requesting PJD(REQUIRED,
• unless obtaining the signature
is impracticable)1
I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action.
OLDHAM SHORELINE PROJECT
0000 REBELLION POINT ROAD, ELIZABETH CITY, PASQUOTANK COUNTY, NC
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Received
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JULY 21,2020 ELIZABETH CITY,NC 27909
PAsouoTANK COUNTY • Setbacks — — THIS MAP IS NOTA CERTIFIED 1111N=mem MIMIMIMI 11 11111•...0..IIIIIMMI
SCALE:1 INCH=100 FEET Full Growth Foliage(Trees) I I SURVEYAND HAS NOT BEEN REVIEWED (IN FEET)
BYA LOCAL GOVERNMENT AGENCY FOR linch=100 ft.
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
PAGE 1 OF 4
,SAFC<iN ��
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4
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CULTIVATED FIELD o�,
MIXTURE OF WOODS / 4
� AND OPEN LAND /
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AFC '' '� �° I I
♦ ? PROJECT HERE
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ENDS HERE
•
coN RFTFNCso , ccFss T OF DISTURBANCE _ '/�. .___ AR^1_ 4 I •, .;
R���rMFNT PROJECT
PORTION OF CULTIVATED FIELD TO . X
_ pER SAW 20 9 012D9 O m ETLAN`ps--- _r._ gp r•• •
ROJECTAREA BE USED AS STAGING AREA FOR �� ` _A.Rio 071.., _ '
i. STARTS HERE EQUIPMENT AND SUPPLIES /' '�
+� /
s
2 a �'� THIS AREA TO BE ` '. NWL
4 �c,P• � / COVERED BY TEMP �x t
Iti
LOG MATS BEFORE
•• f �,''
i CONSTRUCTION j
I . BARES..
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t \\` ��� 1 ObS Foe E4 ltfr
• 1 1 `� ‹i 1 — - s �tu ESCgRp lit'' t..
2 ' t ` P ••' BRO 1 N Y �.+a MENT '_ 0°:
BROKEN NWL t \` Q,v • • )<.fr 2. KEN CONCRETESLA:��• ". a 2
t / �.
CONCRETE r~~4y'�� •
�. • 1 1 �O
t AREA MARKED AS 404 WETLANDS ���`1 1 e ,. .I.,t
I PER SAW-2019-01239 i EXISTING s�pKEIV•1NOOD""•••••••..,
? t Oldham_A. PJD_071719' �. •
': p BULKHEAD •••••.•......
•
.. ....2.5
THIS AREA TO BE i' o
COVERED BY TEMP /� •
2.5 : tt LOG MATS BEFORE /� �4r , .. �+
t d
,' CONSTRUCTION // 3o GP
• t• l ec,... •• EXISTING BROKEN BULKHEAD JUL 1'� LC O
°�09- .•-( 1050 FT LONG
DCMIC•
•
N '•2.5 Legend
.1 IPftPM ••'•• Existing Broken Concrete Slab
r SSG i Coastal Wetland Foliage
i Ep0•• 404 Wetland Foliage ilihii78ftw
2 5 i ` N� ���p•6U1.`N Mixture of CoastIdentified W4 eeltlandso• Edge
WAWA
,,`S \�G�Rd 2.5 ALBEMARLE SOUND Water Depths 2.5
2.5•
50 0 25 50 100
�M�����
���
(IN FEET)
1 inch=50 R.
ANITA S. OLDHAM -APPLICANT SCALE:1 INCH=50 FEET PRE-CONSTRUCTION VIEW
2764 MILLBROOK DRIVE OLDHAM SHORELINE PROJECT NOTE: THIS MAP IS NOTA CERTIFIED
GREENVILLE, NC 27858 WATER DEPTHS BELOW NWL SURVEY AND HAS NOT BEEN REVIEWED
MARKED IN BLUE CAMA MAJOR PERMIT APPLICATION
BY A LOCAL GOVERNMENT AGENCY FOR
MAP BY ELLIOTT CONSULTING COMPLIANCE WITH ANY APPLICABLE
JULY21,2020 0000 REBELLION POINT ROAD LAND DEVELOPMENT REGULATIONS.
ELIZABETH CITY, NC 27909
PASQUOTANK COUNTY
PAGE 2 OF 4
•
I NIF 3 •
WOODS /,.�
I NOEL W&GLADYS MEGGS •
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to •
• 157 REBELLION PT RD
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\ / , % WOODS
1 EXISTINGON %.
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RESIDENCE i ;^ 1
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\ 01= 3 �` CULTIVATED FIELD z1X N!F
\ I \ > w.0 �fi N!F alb C H ROBINSON ETAL
\,}� O '� ANITA S OLDHAM O11
"J OU, �� • • t HARRY JOHN ROBINSON
0000 REBELLION PT RD
CONS \ y�O I CI BLDG'', Ss .PO.,,
'
OLDHAM ud
BOAT ��r \ El
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(EXISTING) a 1Sr�F� ' '
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GRASS&SCRUB SHRUBS / 1, F>��
•
• • / . \ \ \ • / / •.SOP
ANC FIBERGLASS TREES 3�RT F/F<O'••••• \ /•
/ ��
BULKHEAD
(EXISTING) �q�jgS�� �qF* II l / 4
WOOD NWL • �Clr \ /
BOAT \ 4-
(EXISTING)
PIER RAMP TREES - \ \ � r — /
•
ti ( TREES \ \ • \ \ /
/
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WOODTREES ♦�FOQ ` VJODDS / i
PIER d� 1 ?yF1AE _ — ,4 /
OLDHAM PIER
(EXISTING) I /290 FT LONGPROJECT• I /
AND PLATFORM AREA •I / '• / t' • ROJECT
q:.•
START I / ••��s''��AA�S�J'BqCK_ :::,::
/ llllll������AREATREES / ••• /V� i �.. , _ END
I I / // !
:TRESS ilip
t TREES I r OUTER RIPRAP SILL °1 kf !1h}e17z r t " ' �a d�$i o �
I , 7 I /
! ( TREES/ II11 7i`,'7, '
i
( � ALBEMARLE SOUND
ANITA S.OLDHAM-APPLICANT POST-CONSTRUCTION VIEW Legend ' ( { tM.' 0 (�}�•,F
2764 MILLBROOK DRIVE OLDHAM SHORELINE PROJECT Riprap Sill } scPR: CURRENT EBB —� M
GREENVILLE,NC 27858 CAMA MAJOR PERMIT APPLICATION Normal Water L ine nth INNER RIPRAP SILLI CURRENT FLOW 4
Embankment Edge a ' ' WAVE ATTENUATOR
MAP BY ELLIOTT CONSULTING 0000 REBELLION POINT ROAD Existing Bulkhead &`'�� 100 0 50 100 200
JULY 21,2020 ELIZABETH CITY,NC 27909
PAABETH NK COUNTY Setbacks — — THIS MAP IS NOTA CERTIFIED � � �.. . . ��.___ 1 SCALE:1 INCH•100 FEET Full Growth Foliage(Trees) I I SURVEY AND HAS NOT BEEN REVIEWED (IN FEET)
BYA LOCAL GOVERNMENT AGENCY FOR 11nch=100 ft.
• COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
• PAGE 3 OF 4
gFCo
C/�� .
cr
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CULTIVATED FIELD 8 ^
0,
0 MIXTURE OF WOODS / Diu
�'� AND OPEN LAND
A 30.C4 r e �Q
✓k- `�N�c ~ .� o / c5 ♦ PROJECT AREA
CO Fk/ TgRFgqCC ~LllylT OF p�� �� ' M ♦ ♦ ENDS HERE
R S7 B +.
NORtsT1NG ss UR ANCE �. -` R
TFR��oOC '~ .� �' pc,SAW201gRKEbgS 4 60' I.
40 `ETLA
�TMF'�T ROJECTAREA PORTION OF CULTIVATED FIELD TO ,�.. 0123gOldha A. PJD DSL
BE USED AS STAGING AREA FOR i '� 07171a - _- _
y STARTS HERE EQUIPMENT AND SUPPLIES // " - , r'.'
J12
�4 LANDWARDONWL.485 SP AREA TO BE 127CY �� THISAREATO BE "� NWL
�P , COVERED BY TEMPLOG MATS BEFORE
! �! � MNTONWL ! \',�- '!2
!
! AREA MARKED AS404WETLANDS i L Q -- ---- �_••- F'
! PER SAW-2019 01235 I �� �, O ^~~ �'~`
\.�
Oldham A.PJD 071719' _-� ----'"--------__
I I - - �' i INNER RIPRAP SILL/ - �_ �� i
O
!! WAVE ATTENUATOR _ ;,
THISAREATOBE � t' / 8'WIDE ATBASE Received
COVERED BY TEMP �' jI 10 SEGMENTS,±15'LONG EAC
1 LOG MATS BEFORE �� ASP f ] OVERLAPS OUTER RIPRAP
01
t2 ! CONSTRUCTION �� GP / SEGMENT BY 5'EACH SIDE 5L.-� D L'L3
! ' �'� OF 5'WIDE OPENING
�! !. O Legend C M-E
! _ Concrete Sill " '�
/ '' OUTER RIPRAP SILL ALBEMARLE SOUND Coastal Wetland Foliage
'f' 12'WIDE AT BASE
QMEN- t 11 SEGMENTS 404 Wetland Foliage -20z
�SOPR - 0 +95'LONG EACH Mixture of Coastal & 404 Wetland Foliage
It!! x r5 Identified Wetlands Edge Eami
‘'0" _es--
�,.�
�� NOTE: Water Depths ?.7
11 SEGMENTS OUTER CONCRETE RIPRAP SILL TO 8E
4.0000
���5 �O REFLECTORS INSTALLED EVERY 50 FT
ALONG WATERWARD EDGE OF OUTER SILL CONSTRUCTED WATERWARD OF NWL,95-100 FT LONG
! BY 12 FT WIDE WITH 5 FT WIDE GAP BETWEEN SEGMENTS.
.-.O 10 SEGMENTS INNER CONCRETE RIPRAP SILL TO BE Reflector 0
CONSTRUCTED LANDWARD OF OUTER SILL, 15 FT LONG
BY 8 FT WIDE WITH 5 FT OVERLAP OF SEGMENTS AND 5 FT
WIDE GAP BETWEEN INNER&OUTER SILL SEGMENTS.
50 0 25 50 100
EXISTING WOODEN BULKHEAD WILL BE REMOVED FOR SILL PLACEMENT.
��
(IN FEET)
t inch-60 ft.
ANITA S. OLDHAM -APPLICANT SCALE: 1 INCH=50 FEET POST-CONSTRUCTION VIEW
2764 MILLBROOK DRIVE OLDHAM SHORELINE PROJECT NOTE: THIS MAP IS NOT A CERTIFIED
GREENVILLE, NC 27858 WATER DEPTHS BELOW NWL CAMA MAJOR PERMIT APPLICATION SURVEY AND HAS NOT BEEN REVIEWED
MARKED IN BLUE BY A LOCAL GOVERNMENT AGENCY FOR
MAP BY ELLIOTT CONSULTING COMPLIANCE WITH ANY APPLICABLE
JULY 21,2020 - 0000 REBELLION POINT ROAD LAND DEVELOPMENT REGULATIONS.
REVISED SEPT 15,2020 ELIZABETH CITY, NC 27909
- PASQUOTANK COUNTY
_ _ _ — PAGE4OF4