HomeMy WebLinkAbout12135_CAROLINA TELEPHONE & TELEGRAPH_19940121CAMA AND DREDGE AND FILL
GENERAL No t � -
� PERMIT Cd/' 3-C
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resource,,s t Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC
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This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
applicant's signature
permit officer's signature
issuing date expiration date
attachments � �' �v -I
application fee
CAROLINA TELEPHONE AND TELEGRAPH CO.
MOREHEAD CITY, NC 28557
12743
66-301531
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CAROLINA TELEPHONE AND TELEGRAPH CO.
I & R ADVANCE ACCOUNT
FIRST CITIZENS BANK
First -Citizens Bank & Trust Company 131
Morehead City, N.C. 28557 -PC-1.:;Z13
116000L271,31" 1:053L003001:13L21013437110
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TAPER POINT ANO _. _..... _ _ ATI\AITIr i
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a�'AEN7 of t
ment of the Interior
United States Depart
FISH AND WILDLIFE SERVICE
75 SPRING STREET, S.W.
ATLANTA, GEORGIA
30303
November 15, 1993
LA - North Carolina
Cedar Island NWR
(T1) Carolina Telephone
Carolina Telephone and Telegraph Company and Telegraph Co.
Attention: Stewart E. White
Post Office Box 627
Morehead City, North Carolina 28557
Dear Mr. White:
TAKE
PAMME�N
Enclosed are two originals of a First Amendment of Right -of -Way for the above designated
right-of-way permit. Please have the appropriate Carolina Telephone and Telegraph Company
official execute both copies and return them to this office for final approval by the Regional
Director.
If you have questions or need additional information, please contact Craig McBroome or me in
the Division of Realty at (404) 331-3543. Also, please note the change of address notification
I have included with this correspondence.
Sincerely yours,
Gerald J. Vits
Supervisory Realty Specialist
Refuges and Wildlife
Enclosures
EXHIBIT "A"
Descriptive Cable Crossing of Thorofare Bay Channel
Carteret County, North Carolina
Beginning at a point in the high water mark of Thorofare Bay, said point being
approximately 50 feet Southwest of Thorofare Bay Draw Bridge and 36 feet
Southeast of the centerline of Highway 12. Thence from said point of beginning
and running in a Southeasterly direction approximately 125 feet to a point.
Thence running in a Northeasterly direction approximately 1525 feet under the
Thorofare Bay Channel to a point on the high water mark. Said point also being
located approximately 1600 feet Northeast of the existing Thorofare Bridge and
approximately 22 feet Southeast of the centerline of highway 12. Width of
right-of-way to be 5 feet (2.5 feet on each side of the centerline of said cable
route) for maintenance use only.
E•HA'R - COASTAL MANAGEMENT T15A: 07H .1600
SECTION .1600 - GENERAL PERMIT FOR THE i\STALLATION OF AERIAL AND
SUBAQUEOUS L"TILITY LINES \11TH ATTENDANT STRUCTURES IN COASTAL
NVETLANDS: ESTUARINE \\'ATERS: PUBLIC TRUST WATERS AND ESTUARINE
SHORELINES
.1601 PURPOSE
This permit will allow for the installation of utility lines both aerially and/or subaqueously in the
coastal wetland, estuarine water, public trust water and estuarine shoreline AECs according to the au-
thority provided in Subchapter 7.1 A 100 and according to the following guidelines. This general permit
shall not apply to the ocean hazard AECs.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113A-113(b); 113A-118.1;
£ff. March 1, 1985.
.1602 APPROVAL PROCEDURES
(a) The applicant must contact the Division of Coastal Management and complete an application
form requesting approval for development. The applicant shall provide information on site location,
dimensions of the project area, and his name and address.
(b) The applicant must provide:
(1) confirmation that a written statement has been obtained signed byAhe adjacent riparian property
owners indicating that they have no objections to the proposed work; or
(2) confirmation that the adjacent riparian property owners have been notified by certified mail of
the proposed work. Such notice should instruct adjacent property owners to provide any
comments on the proposed development in writing for consideration by permitting officials to
the Division of Coastal Management within ten days of receipt of the notice, and, indicate that
no response %vill be interpreted as no objection. DCM staff will review all comments and de-
termine, based on their relevance to the potential impacts of the proposed project, if the pro-
posed project can be approved by a General Permit. If DCM staff finds that the comments are
worthy of more in-depth review, the applicant will be notified that he must submit an applica-
tion for a major development permit.
(c) No work shall begin until an on -site meeting is held With the applicant and appropriate Division
of Coastal Management representative so that the utility line alignment can be appropriately marked.
Written authorization to proceed with the proposed development will be issued during this visit.
Construction on the utility line must begin within twelve months of this visit or the general authori-
zation expires.
History Note: Statutory Authority G.S. 113A-107(a)(b); 113A-113(b) 113A-118.1; 113A-229(cl);
£ff. March 1, 1985,-
Amended Eff. January 1, 1990.
.1603 PERMIT FEE
The applicant must pay a permit fee of fifty dollars ($50.00) by check or money order payable to the
Department.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); H3.4-113(b); 113A-118.1;
113A-119;
£ff .Larch 1, 1985;
Amended Eff. ,March 1, 1991.
.1604 GE\ERAI. CO\DITIO\S
(a) Utility lines for the purpose of this general permit or any pipes or pipclutes for the transportation
of potable water, and and cable, line, or wire for the transmission, for any purpose, of electrical energy,
telephone and telegraph messages, and radio and television communication.
(b) There must be no resultant change in preconstruction bottom contours. Authorized fill includes
orily that necessary to backfill or bed the utiliv line. Any excess material must be removed to an up-
land disposal area.
(c) The utility luic crossing will not adversely affect a public water supply intake.
.\'OR TH C.4 ROLI.\.-I .4 D.111.\7S7'RA 77IVL• CODE 12112191 Pa;e 1
E•HNR - COASTAL. ,11AAAGE-1lENT T15A: 07H .1600
(d) The utility line route or construction method will not disrupt the movement of those species of
aquatic life indigenous to the waterbody: =
(e) Individuals shall allow authorized representatives of the Department of Environment, Health, and
Natural Resources to make periodic inspections at any time necessary to ensure that the activity being
performed under authority of this general permit is in accordance with the terms and conditions pre-
scribed herein.
(f) This general permit may either be amended or repealed in whole or in part according to the pro-
visions of G.S. 113A-107 if the Commission determines that such action would be in the best public
interest.
(g) This general permit will not be applicable to proposed excavation where the Department deter-
mines that the proposed activity may significantly affect the quality of the environment or unnecessarily
endanger adjoining properties.
(h) This general permit will not be applicable to proposed excavation when the Department deter-
mines that the proposed activity would adversely affect areas which possess historic, cultural, scenic,
conservation or recreational values.
(i) The Department may determine in some cases that this general permit is not applicable to a spe-
cific installation proposal. In such cases an individual permit application and review of the proposed
project may be initiated using the application forms, fees and procedures required by 15A NCAC 7J.
6) This permit does not eliminate the need to obtain any other required state, local, or federal au-
thorization, nor, to abide by regulations adopted by any federal or other state agency.
(k) Development carried out under this permit must be consistent with all local requirements, AEC
guidelines, and local Land Use Plans current at the time of authorization.
History Note: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113.4-113(b); 113A-118.1;
Eff. March 1, 1985;
Amended Eff. May 1, 1990.
.1605 SPECIFIC CONDITION'S
Proposed utility line installations must meet each of the following specific conditions to be eligible for
authorization by this general permit:
(1) All spoils which are permanently removed must be placed on a highground disposal site and
stabilized so as not to return to waters, marsh or other wetlands.
(2) Any additional backfill material required must be clean sand or rock free of organic matter.
(3) Cuts through wetlands must be minimized.
(4) Finished grades or subaqueous or wetland crossing must be returned to preproject contours.
(5) There can be no work within any productive shellfish beds.
(6) No excavation or filling activities will be permitted between April 1 and September 30 of any year
within any designated primary nursery area.
(7) Subaqueous lines must be placed at a depth of 6' below the project depth of federal projects.
In other areas they will be installed at a minimum depth of 2' below the bottom contour. -
(8) The minimum clearance for aerial communication lines or any lines not transmitting electricity
will be 10' above the clearance required for bridges in the vicinity.
(9) The minimum clearance for aerial electrical transmission lines shall be consistent with those es-
tablished by the U.S. Army Corps of Engineers and U.S. Coast Guard.
(10) The installation of a utility line on pipe bents or otherwise above the elevation of mean high or
mean ordinary water must be of sufficient height to allow for traditional navigation in the water
body. Additionally the utility line must not interfere with the waterflow of normal or flood waters.
History :rote: Statutory Authority G.S. 113-229(cl); 113A-107(a)(b); 113.4-I13(b); 113A-118.1;
Eff. March 1, 1985.
A*OR771 C4R01_LVA AD.1107STRATIVE• CODE 12112191 Page 2
LA - North Carolina
Cedar Island NWR
(T1) Carolina Telephone
and Telegraph Company
DEPARTMENT OF THE INTERIOR
UNITED STATES FISH AND WILDLIFE SERVICE
FIRST Aih1ENDMENT OF RIGHT-OF-WAY
WHEREAS, by Decision dated May 22, 1969, in accordance with 43 CFR 2234.1-3(c);
2234.4-1, The United States Department of the Interior, through its Bureau of Land
Management, granted the Carolina Telephone and Telegraph Company a right-of-way to use
and occupy certain lands of Cedar Island National Wildlife Refuge for the purpose of
construction, maintenance and operation of an underground telephone cable, and
WHEREAS, in accordance with regulations published on December 19, 1969, and
codified as 50 CFR 29.21-29.22, the Bureau of Land Management no longer administers the
right-of-way process on lands under the primary jurisdiction of the Fish and Wildlife Service,
and
WHEREAS, the Carolina Telephone and Telegraph Company, herein referred to as the
PERMITTEE, has now applied for an amendment to the original grant (Serial No. ES 5654)
to relocate/re-route said right-of-way in conjunction with the replacement of the Thorofare Bay
Bridge across Thorofare Bay Channel at the Cedar Island National Wildlife Refuge.
NOW, THEREFORE, the Secretary of the Interior, through his authorized
representative, the Regional Director, U.S. Fish and Wildlife Service, Southeast Region, in
accordance with applicable authorities and in accordance with regulations published September
30, 1977, in 50 CFR 29.21, and in consideration of benefits already in hand paid by the
PERMITTEE, does hereby grant an amendment to the original right-of-way permit to
relocate/re-route a telephone (fiber-optic) cable, at a location as described in Exhibit A and
delineated by Exhibit B, attached hereto and made a part hereof.
This grant is considered to be an amendment to the original right-of-way permit.
By accepting this Amendment of Right -of -Way, the permittee agrees to abide by the terms set
out in the original permit.
IN WITNESS WHEREOF, I have hereunto set my hand this
, 1993.
Witness
Notary Public
IN WITNESS WHEREOF, I _
behalf of the permittee herein on this
Witness
Notary Public
day of
THE UNITED STATES OF AMERICA
Regional Director
U.S. Fish and Wildlife Service
day of
have executed this instrument on
, 1993.
CAROLINA TELEPHONE AND
TELEGRAPH COMPANY
Title: