19960661 Ver 1_COMPLETE FILE_19960708

State of North Carolina IT
Department of Environment,
Health and Natural Resources A4.1 • •
Division of Water Quality
JamesB. Hunt, Jr., Governor p E 011111111111111116
Jonathan B B. . Ho Howe s,Secretary
H N?
A. Preston Howard, Jr., P.E., Director
July 22, 1996
Perquimans County
DWQ Project # 960661
APPROVAL of 401 Water Quality Certification ,
Mr. Gene Nelson
c/o 5384 Holiday Island
Hertford, NC 27944
Dear Mr. Nelson:
You have our approval to place till material in 0.043 acres of wetlands or waters for the Purpose of
constructing a bulkhead at 55B Sunset Circle, as you described in your application dated 8 July 1996. After
reviewing your application, we have decided that this till is covered by General Water Quality Certification
Number 3025.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local pennits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask fora hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to die Office of
Administrative Heuings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are fin<11 and binding unless you ask fora hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorsey at 919-733-1786.
Sincerely,
PPrn Floward, Jr. P.L-'.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Central Files
John Parker; DCM
96066 Lltr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director

MEMORANDUM
TO:
FROM:
SUBJECT:
LT.
i-r
90661
6
[DEHNR
July 5, 1996
Mr. A. Preston Howard, Director
Division of Environmental Management
John R. Parker, Jr.
Major Permits Processing Coordinator
1
WASHINGTON OFFICE
JUL 0 8 Ift
04 IL
CAMA/DREDGE & FILL Permit Application Review
Applicant: Nelson, Banks & Manning (Gene Nelson)
Project Location: 55 B. Sunset Circle, Holiday Island, Perquimans County, Albemarle
Sound
Proposed Project: Construct 362 ft. of wooden bulkhead and grading of estuarine
shoreline.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by July 26, 1996. If you have any questions regarding the proposed
project, please contact Dennis W. Hawthorn at [phone]. When appropriate, in-
depth-comments with supporting data is requested.
REPLY` This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
i
Signed Date
1367 U.S. 17 South. Elizabeth City, North Carolina 27909 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEHNR Fax:[phone] Jul 17 '96 14:10 P.14/17
To: John Dorney
Planning Branch
DIVISION OF Z Vn N MNTAL HANAGMEN'T
CAHA/COE PERMIT APPLICATION REVIEW
WaRO PROJECT # F ? ? e -DAB WQ SUPERVISOR: TH0
REVILER: SA t DATE: , X ,
WETLABID IWORMATION Ox CENTRAL OFFICE TRA G
PM04XT Yx 9* PERM NO.: C0vmg
PROJECT TYPE: P T TYPE: /.GOE
COE #: DOT #:
RCD FROM CDA: ? DATE FROM GDA: l X; RM MICH: WaRO RIVE4 A?,_?SIIHTLBAS X #: f
STREAM OR ADJACENT WATER BODY: 1.1 1 A r., ,??jj .
CLASS: ?TCF -STREAM IRDEX #: OPEN OR Ct
WL, IMPACT; ?, WL TYPE:
WL MLMS : I `ibS.b• ? WL ACR BST:
HYDRO CNEGT?z WL SCORE:
MITIGATION: MITIGATION TYPE:
KITTGATION STIR: :... -- TTNG SMMT .ATTACM7
RECOMMMATYONs I?St ISSUE/C00 DENY HOLD
S TOR"iWATER PLAN REQ' D : IF YES, DATE APPROVED f??. tom'
PROJECT DESCRIPTION: ,-('24L '-r
WATER QUALM CERT. 401)
CERT. REQ' D: 70
IF YES
TYPE
c
-
,
'
l
'
DISPOSAL
SEWAGE
TYPE OF DISPOSAL PROPOSED:
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY:
(DEM, DHS, COUNTY)
IF BY DEM. IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATER twuLANA FILL
AREA OF FILL t WATER:t WETLAND ; / '& '( -)
'?
/Ye)
C
IS FILL ELIMINATING A SIGNIFI
ANT USE?
DREDGING
AREA TO BE DREDGED-
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF
RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
%
SEWAGE DISPOSAL: MARINA SERVICES:
OXYGEN IN BASIN: CLOSURE OF SHELLFISHING WATERS:
CC., WcRO; Ce.Dtral Files; DCM Field Offices; COE Washington Office
DEHNR Fax:[phone] Jul 17 196 14:10 P.15i17

DIVISION OF ENVIRONMENTAL MANAGEMENT
To: Rill Moore, Environmental Engineer
water Quality Section, WaRD
From: Deborah Sawyer, Environmental Technician
Water Quality Section, WaRO
Drate :
Subject: Requent for Stormwat+er Review of section 401 Applications
PROJE'C'T' NAME :rsle? !? -,...
PROJECT NUMBER; F Zp'2 en ?a "
DATE RECEIVED,
DATE FINAL COMMENT:_ 7 // 0/'57
NOTE: See attached description of project
COMMENTS:
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
a6a661
1. APPLICANT'S NAME: Nelson, Banks and Manning
Gene Nelson
2. LOCATION OF PROJECT SITE: Holiday Island, Perquimans County
Photo Index - 1995:157-1616,M-19; 1989: 116-5,R22
State Plane Coordinates - X:2,770,400 Y: 858,400
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit 6-25-96
Was Applicant Present - yes
5. PROCESSING PROCEDURE: Application Received - 6-28-96
Office - Elizabeth City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - 1993 Perquimans County Land-Use Plan Update
Land Classification From LUP - Community
(B) AEC(s) Involved: EW/PTW's, ES
(C) Water Dependent: Yes
(D) Intended Use: Private bulkhead
(E) Wastewater Treatment: Existing - NA
Planned - NA
(F) Type of Structures: Existing - wooden bulkhead
Planned - new wooden bulkhead
(G) Estimated Annual Rate of Erosion: unknown
Source -
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Freshwater Vegetated
Wetlands 190 sf.
(B) Public Trust Waters 1860 sf. (0.043A.)
(C) Estuarine Shoreline 7456 sf. (0.172A. )
(D) Total Area Disturbed: 0.214 A.
(E) Primary Nursery Area: no
(F) Water Classification: SB Open: NA
8. PROJECT SUMMARY: Construction of wooden bulkhead on man-made canal and grading of
Estuarine shoreline.
Nelson, Banks and Manning
Holiday Island/Perquimans County
Bio Report
Page Two
Site Description
The applicants propose shoreline stabilization on a man-made canal that connects directly to the Albemarle
Sound at Holiday Island in Perquimans County. Holiday Island is a several hundred lot subdivision with
Sound or canal access on the Albemarle Sound, east of Yeopim Creek and west of Harvey Point.
The proposed work site consists of four residential lots and is along the Estuarine Shoreline of a man-made
canal that ranges between 70 and 100 feet in width. The residential lots have been combined to create 3
building sites, each of which is developed with a single family structure. Approximately 50 ft. of the
existing shoreline where work is proposed is currently stabilized with a failing wooden bulkhead. Most of
the site is vegetated in lawn grasses and ornamental shrubs and trees. A small area of the shoreline
(approximately 190 sf.) is vegetated in Taxodium distichum, Peltandra virginica and various sedges and has
been delineated by the US COE as 404 wetlands.
The waters of this canal are classified by the Division of Marine Fisheries as Joint Waters. The waters are
classified by the Division of Coastal Management as both Public Trust and Estuarine Waters and are part of
the Estuarine System Area of Environmental Concern.
Proposed Work
The applicants propose to construct a 362 ft. long wooden bulkhead on a man-made canal and the grading
of Estuarine Shoreline. To straighten the current shoreline alignment, the applicants have requested an
average waterward alignment of 5 ft. and a maximum distance waterward of the NWL of 10 ft. Currently
two small pier platforms are along the shoreline. The applicants at this time do not wish to replace these,
but individually may request so at a later date. The applicants also wish to grade and terrace as necessary
the Estuarine Shoreline to fill miscellaneous upland areas and backfill the proposed bulkhead. This grading
area is less than 1 acre.
Anticipated Impacts
The proposed work will impact approximately 1,860 sf. of Public Trust Waters and 7456 sf. (0.172 A.) of
Estuarine Shoreline. The proposed work will not directly impact any Coastal Wetlands but will impact a
small freshwater wetland area. The proposed construction would also result in temporary turbidity of the
adjacent waters. The applicants propose to install erosion control structures prior to commencing the
proposed work until the site is vegetated.
CAMA Review
A review of the Perquimans County Land-Use Plan as it pertains to this site will be forwarded at a later
date.
Submitted by Dennis W. Hawthorn, July 5, 1996
Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
1. APPLICANT
a. Landowner:
Name ?FOJ6- 6,011k
Address D .5?3 do ?t Lky ?LS/'4 N P
City 1 6- (t) R P State Al C
Zip 9 4 Day Phone
Fax
b. Authorized Agent: '// /
Name CJtt/?C NC)-,( o,?
Address
City ll e 1 4Qd State Al 0
Zip Day Phone/-9 J7-1e4(0- b
Fax
c. Project name (if any) A44-,) 9A,-ks 44ANv. LI f
NOTE: Permit will be issued in name of koadowner(s), cad/or
project name.
2. LOCATION OF PROPOSED
b. City, to n, comm?ty or landmark
?i27" f O??dJ
c. Street address or secondary road number
uAJSC roe d r/e
d. Is proposed work within city lim' or planning
jurisdiction? Yes ? No
e. Name of body of water nearest prppject (e.g. river,
creek, sound, bay) Al?E4 At?0147 -96MOVD
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
li .C GAD ?•
Is the proposed activity maintenance of?ap existing
project, new work, or both? /Vel'
c. Will the project be for
_public, private or commercial
use? 1J,Ll 1/147c
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages.
T
PROJECT
a. County - Ar'EkLAIhJlYg_S
U St All cv4 6R 4 I" P
Revised 03/95
Form DCM-MP-1
facilities.
4. LAND AND WATER
CHARACTERISTICS
M.
A
a. Size of entire tract bd r n.
b. Size of individual lot(s) 'M0 .11--20-01 00 4,200•
c. Approximate eleva ton of tract above MHW or
NWL :S? 140EWJ0
d. Soil type(s) and texture(s) of tract
ew + SSAli
e. Vegetation on tract C V-5
E u ?,ri?E?s, TR?£ES senSN s
f. Man-made features now on tract 1'I N S
.t- ?u I f f?C-A17
g. What is the CAMA Land Use Plan land
v classification of the site? (Consult the local land use plan.)
Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?
i. Is the proposed Voject consistent with the applicable
zoning? V' Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes N
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes t/ No
1. Are there wetlands on the site? ko"Vo'-es No
Coastal (marsh) Other
If yes, has a delineation been conducted.
(Attach documentation, if amilable)
Describe location and type of disch ges to waters
of the state. (For example, surface noff, sanitary
wastewater, industrial/commercial a uent, "wash
down" and r idential discharg .)
5 cc
o. Describe existing drinking water supply source.
DuNIU W g c
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name eo/h '7.AvD Co2,196 #L aJ
Address PO o / 717 i/t AY, NiM. r c .z3?Sl
Phone N o /, s T c F)
Name MIZ All c hk .SAS 1,44
Address _S'A9A-l 01,5AY1S 4 w9 d•Ki ,v AJC_
Phone Z7944
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
lob®rJ is
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
appl ication.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the P-7 day of 19 '96
an,vh?S -J0
Print Name" G ?E ??ls e.?- D c k Y N1 A ,J N tN
1141- 7X.W;j=_
Signature
weer or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
DCM MP-2 Excavation and Fill Information
?CM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03/95
F6rm DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Average Final
Eidsting Project
Length Width Depth Depth
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
4amp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)

1.

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 145-
b. Type of material to be excavated S4,Jb.&I47T
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic ve tion
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area 101 $ E-111'v D
EX C-AVA770n1
I
b. Dimensions of disposal area 7? X / O
c. Do you f1aim title to disposal area?
L--' Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal /? be available for future
maintenance? V Yes No
If yes, where? S J9 io 5- AS /3-40 I16-
Revised 03/95
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or ott4er wetlands?
Yes V No
f. Does the disposal incI de any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
!/Bulkhead Riprap
b. Length ..? 1`3
c. Average distance waterwa?9f MHW or NWL
d. Maximum distance waterw d4of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information) l1 dSC4QE lo7lti
f. Type of bulkhead riprap material I.i t RLA7'eD /I- L4 P" ?R
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill 10 D C
h. Type of fill material SIAJD / Q7-
i. Sour of fill material Cbg-l-A cfi2
roc-AL, ?txDD?r?
4. OTHER FILL ACTIVITIES /
(Excluding Shoreline Stabilization)
a. WiY I material be brought to site?
Yes No
If yes,
(1) Amount of material to be placed in the
water low an 11. - V v LCr n
(2) Dimensionsof fill area 3 6% 2'
(3) Purpose of fil
b. Will fill material be placed in coastal wetlands
(marsh). SAVs or other wetlands? J
V Yes No
If yes, /
(1) Dimensions of fill area AO
(2) Purpose r
(1) ZL
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled?
SJJ-T FENCE ICA YA cf Liu/A Nan
P11DM ?ulk We*,)
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
??ck ?a E
c. Will wetlands be cr3ssed in transpo ing equipment
to project site? . Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
A1,cAsa .?- 94,v f r - N,9,v.v?- ?
Appli t or ect Name
Signature
J 4,?F ?? 7, / ? ;, 4,
Date

Revised 03195
Form DCM-MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project. Division of Environmental Management for review?
Yes No
a. Type and number of buildings, facilities, units or if yes, date submitted
structures proposed
?11 i. Describe proposed method o sewage disposal.
b. Number of lots or parcels ,?/ ?j?
j. Have the facilities described in Item i. above
c. Density (give the number of residential units and the received state or local approval?
units per acre) (Attach appropriate documentation)
k. Describe location and type of proposed discharges to
CSize of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. AtfCAUfcr sanitary wastewater, industrial /commercial effluent,
/s'' 13EV",1D y-1t11,r-,4 7 "wash down" and residential discharges).
SA &' s ?o w
e. If the proposed project will disturb more than one SLt R CCz u D
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.)
control plan been submitted to the Division of Land /?//t
Resources? Yes No
If yes, date submitted ? in. Will water be impounded? Yes '? No
If yes, how many acres?
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to used for paved surfaces. n. If the project is a oceanfront development, when
was the lot(s) platted and recorded? Al
AIC11.0 ^/ 13,9,v k
g. Give the percentage of the tract within 75 feet of Applicant or Ppilect IL
MHW or NWL, or within 575 feet in the case of an p4 -
Outstanding Resource Water, to be covered by Signature
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for `?
vehicular driveways or parking. Date
Revised 03/95
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