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HomeMy WebLinkAbout22468D - Atlantic ! , ,. CAMA AND DREDGE AND FILL GENERAL N ? 22468 PERMIT ^ as authorized by the State of North Carolina 1�'��y Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC FM. I L 9 p // I /� ' t.a aJ r-u /S'�' wiL, �-11 SoZ ^ODt Applicant Name, AT 1yA 4-I L / C. 410ho 4( Mf Mhlrs h1 C.,- �4 one Numbef""u R6 m)* 6r'�P Address ij. 0 _ B� l, City i et — State �-7 ,^ / Zip Project L cj�tionr(C° ty, State Road, Water dy, c.) V- • ) / ry+4 r /\ 71�' -4— / ^ S k C On 5A4 <<c <' R I Vf r / r PJn S L ii L.'k tlr�✓e. I. Type of Project Activ'ty ?o S v-F t / 7-� //� 4 l�✓I �� ✓\ -e Ph,e it"'-" +— it n4,44- . k / 74-r / vex ct C pew 1 tt..44 .-/tt/� + p tcc+. /VD we /�l/l J , 4(..-Lf c er",i.e . A'' (04 J.. i lil^, e) FR ct cA J L /4. /60-D S 4 !( _ L�q"0/ 1ic4A- mvs4- /,a�, -a� U.e)4. F Adtv,i,ii Irtifr ,n prl0✓ 74.0 (�A1P1P✓4C/no/ Gt�ar)d PROJECT DESCRIPTION SKETCH (SCALE: ) Pier(dock) length Groin length 'De ( A 4, L. ke J. number Bulkhead length max.distance offshore 1 I ,o� Q 'X' S 4 APPli -Cm,A ) // v -fr/ 112E IrtL'ji 4� . r Basin,channel dimensions / / cubic yards Boat ramp dimensions Other L /n e m 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, (frit),imprisonment or civil action; and maycause the permit to be s silure come null and void. This permit must be on the project site and accessible to the permitofficer's signature permit officer when the project is inspected for compliance. �� /, !, y J O p The applicant certifies by signing this permit that 1) this pro- a`�/ 6f / jest is consistent with the local land use plan and all local issuing date expiration date ordinances, and 2) a written statement has been obtained from , /' /� adjacent riparian landowners certifying that they have no /7`/11 C objections to the proposed work. attachments . . . . . . . _ - .. . _ .. ._. /n n a 1.4 G GENERAL PERMIT COMPUTER FORM APPLICANT NAME: ktlantl c, I�I�, liten ( p. ADDITIONAL NAMES: CIO. oii1 `'Z, AEC DESIG: Pr. ES DEVELOP AREA:__ Or PROJ DESC: P - IcLe (Will only take 6) (Will only take 1) WORK: pe. 1,945 (Will only take 4) MAINT: (Will only take 4) IMP: OUS GOO (will only take 6) ACTION EXPIRATION DREDGE&FILL REQUIRED: p •q •a• woo CAMA MAJOR DEVEL REQUIRED: 1. Samuel T.Inman ,Professional Land Surveyor,certify that the ratio of precision LOCATION MAP Is I• 7500. ;and that this map meets the minimum standards of practice for land surveylnp In North Carolina. $ i Witness my hand and seal this 9th day of Apr11 1999 �1 1 cSite 3.pee° s� �)e .01111,11,„., 14/d/iilAj 19// -----. ,,,_ ��`"\-\ C�.ARd ,,•�� PLS No. L 2778 p•;•fEssioti••.'y .29 :Q .si SEALt. L-2778 RECEIVE MAY 0 5 1999 r• .,11.E JO ANN B.SIMMONS DIVISION OF — \ — 622/451 COACTAL MANAC ,pENT / Ironer/ 5 47'-34'-46"W 389.08'lie Line N A � h LW ci N ?S ...k" U' N.C.GS. to� z z �O SECURITY" • ��0 N t 82,046.988' Landscape 39•-58'-19"W E n 2036,577,342' Timbers 10.00' CS 4 tp O�� ho., New Irons 6 0 4-A 60 Nall O�/ - Off` •, `0`—-4a�\�Fp6• / O 4I�5X PV� ' Dill \�—ExIsting O � • Manhole QS� a \�� j o,,(4 S \�i I� P9 \A il g�1 \<4e Wing WWI0 . R/W Mon. / \), \00 .-�10.00' 'I1A E C E 1L•VE K , C (c STATE OF NORTH CAROLINA cc:% � (C� COUNTY OF BRUNSWICK EASEMENT THIS EASEMENT, made and entered into this the C.C.S day of �►�,yK , 1988 , by and between the STATE OF NORTH CAROLINA, a body politic and corporate, hereinafter referred to as GRANTOR; and ATLANTIC TELEPHONE MEMBERSHIP CORPORATION, hereinafter referred to as GRANTEE : W I T N E S S E T H : THAT, WHEREAS, the North Carolina Department of Administration has authorized and approved the execution of this instrument for the purposes herein expressed; and, WHEREAS, the execution of this instrument for and on behalf of the State of North Carolina has been duly approved by the Council of State by resolution adopted at a meeting held in the City of Raleigh, North Carolina, on the 4th day of October, 1988 . NOW, THEREFORE, in consideration of the sum of ONE HUNDRED DOLLARS ( $100 . 00 ) , the receipt of which is hereby acknowledged, the Grantor does hereby grant unto Grantee, its successors and assigns , the right, privilege and easement to construct, operate and maintain a subaqueous fiber optic cable under and across the Shallotte River, situated in the City of Shallotte, Brunswick County, North Carolina, and more particularly described as follows : COMMENCING at N.C.G.S . Monument "Ford" , (N.C. Grid Coordinates : N = 85 , 546 . 010 and E = 2, 190, 823 . 049 ) ; thence S 50-30-46 W 5399 . 50 feet to N.C.G.S . Monument "Security" , (N.C. Grid Coordinates : N = 82 , 112 . 431 and E = 2 , 186 , 655 . 905 ; thence S 51-09-21 W 608 . 44 - 2 - feet to a P .K. nail; thence S 47-21-16 W 237 . 32 feet to Point "A" , a "X" in the sidewalk of the Shallotte River Bridge, (N.C. Grid Coordinates : N = 81 , 570 . 039 and E = 2, 186 , 007 .457 and a reference Azimuth from Point "A" to the signal light on top of the Atlantic Telephone Membership Corporation Microwave Tower; N 64-33-29 W) ; thence N C E I \V/ E 06-06-53 W 44 . 94 feet to Point "B" on the mean high water mark of the eastern bank of the Shallotte River, the point of beginning; thence crossing the Shallotte River S ( k. 5 1999 43-37-09 W 69 . 93 feet to Point "C" on the mean high water mark of the western bank of DW!SION OF the Shallotte River. All bearings areCOASTAI MANAGEMI oriented to N.C . Grid. See attached drawing entitled "Plat of Survey for Atlantic Telephone Membership Corporation, Subaqueous Fiber Optic Cable to Span the Shallotte River in the City of Shallotte, Brunswick County, North Carolina" , prepared by Thomas W. Morgan, R.L.S . , and dated September 27 , 1988 . IT IS UNDERSTOOD AND AGREED BETWEEN THE GRANTOR AND GRANTEE: That if said subaqueous fiber optic cable is not operated at the locations described above for a continuous period of twelve ( 12 ) months , the easement herein granted shall be deemed abandoned. It is further understood and agreed that this conveyance is made subject to the condition that the Grantee shall properly obtain all necessary permits required by State and federal law. Failure to obtain such permits in a timely manner shall be deemed an abandonment of said easement. TO HAVE AND TO HOLD the aforesaid rights , privileges and easements unto said Grantee, its successors and assigns , for so long as Grantee maintains said subaqueous fiber optic cable and no longer. r � - 3 - IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this instrument to be executed in its name by JAMES G. MARTIN, Governor, attested by THAD EURE, Secretary of State, and the Great Seal of the State of North Carolina to be hereto affixed by virtue of the power and authority aforesaid. STATE OF NORTH CAROLINA • By .sr.ii, _: 4 LZIA.A4A IF Governor ATTE" ' . 40010P ir:State— APPROVED AS TO FORM: LACY H. THORNBURG ATTORNEY GENERAL CEIVE .-- . . BYi MAY 0 5 1999 (7------ ona d R. Teeter Assistant Attorney General DIVISION OF rnATAL_ MANAGEMENT STATE OF NORTH CAROLINA COUNTY OF WAKE I , -Tit PSA t. auk Z -r_S , a Notary Public in and for the County and State aforesaid, do hereby certify that THAD EURE, Secretary of State of North Carolina, personally came - 4 - before me this day and acknowledged that he is Secretary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by JAMES G. MARTIN, Governor of the State of North Carolina, sealed with the Great Seal of the State of North Carolina, and attested by himself as Secretary of State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the Ica,- day of rje , 1988 . ,2 Notary Public: ..�T:...�, •, O Y O 1 q O ur• . My Commission Expires : % ,� • nj3cE:v3 MAY 0 5 1999 DIVISION OF COASTAL MANAGEMENT 6' SENDER." I also wish to receive the •'Complete items 1 and/or 2 for additional services. following services (for an H •Complete items 3,4a,and 4b. tV •Print your name and address on the reverse of this form so that we can return this extra fee): L card to you. P w •Attach this form to the front of the mailpiece,or on the back if space does not 1.El Addressee's Address .. a', permit. ▪ ■Write"Return 2.El Restricted Delivery a Receipt Requested'on the mailpiece below the article number. u Y ■The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. delivered. 0 3.Article Addressed to: 4a.Article Number °� g 7—ilt /! 3 0 6 O a C Ea 911-5-4"4— �ry1, y �o J 4b.Service Type ❑ Registered S edified p Po ❑ Express Mail lr1 red i 1 a I/s9 CI Return Receipt for Meth ndise Ill 7. Date of Delivery a. -1 5. Received By: (Print Name) 8.Addressee's Address (Only i/ 8sted and fee is paid) .. e 6.Si a ure: (A d�essee or Agent o v ` 2f..--,--it.eX-2_... T y PS Fo 1, December 1994 102595-98-B-0229 Domestic Return Receipt oto, Inc. 9'u n4,,Wen,✓Youth Wawiina 28402 Xi:910-452-0001 9106061 SE.✓N,ou! >4 Sc:Amy Azidawn Off gak 9i!9 Aar .isos%i tau.,+&,esuee Cgaip gums Wilmatagrvi,Are 28403 26 April, 1999 Joann Simmons P. O. Box 248 Shallotte, NC 28459 Ms. Simmons: As required by the NC Division of Coastal Management, you are being notified of the proposed project by Atlantic Telephone Membership Corporation(ATMC). As you are aware, ATMC is applying for a NC Division of Coastal Management general permit for installation of a subaqueous utility line underneath the Shallotte River. As an adjacent riparian land owner, you have the right to comment on the proposed project. Please complete the enclosed notification form and return that to Division of Coastal Management (address listed on the form). You will have 10 days in which to submit your comments. I have spoken with you previously on the phone and met with you and Mr. Delane Stanley (of ATMC) at the project site. These earlier discussions described engineering plans and requested the ability to perform work on your property as part of a contingency plan. The plans which I am mailing today (4-26-99) contain the project within the existing easement. Utilizing these plans, no work would be done on your property. If you have any questions regarding plans as confined to the easement, please do not hesitate to call either Mr. Delane Stanley or myself. Since ly, ECEVE Laura Stasavich 0 5 1999 Environmental Scientist Land Management Group, Inc. "DAS DIVISION L A OG F M E NT cc: Mr. Delane Stanley, Atlantic Telephone Membership Corp. v"- �-2 G- J Mr. Allen Lewis, East Coast Engineering -4 �-Z6 9 y gana 5.449‘0, t(tpe.ox 2522 (iihnawton,.Nott/a Vatohna 28402 910-452-0001 Aired 2 a(oal 0uite 14 ga. g 91.1, 0fice 9aelc 9f!9teAhen.46«1140,a 3805 9'Alo„ille j1venue y&use guested. 90inanfton,Ai? 28403 3 May 1999 7ECET. VE Mr. Jerry Parker I MA?' NC Division of Coastal Management d Lt.:2 Wilmington Field Office 127 North Cardinal Drive Wilmington, NC 28405-3845 RE: General Permit, subaqueous utility crossing, ATMC, Shallotte, NC Dear Mr. Parker: Enclosed are application materials for a CAMA general permit for a subaqueous utility crossing. As you may remember, I met with you in Shallotte at the Shallotte River bridge to discuss a crossing proposed by Atlantic Telephone Membership Corporation(ATMC). The engineer with ATMC, Delane Stanely, was also at that meeting. Although there is an existing easement for the utility line, ATMC was trying to work out an agreement with one of the adjacent property owners so that work could be performed on her property(outside of the easement). ATMC has not been able to work out such an agreement with Ms. Simmons. They now propose a slightly altered plan which will contain all work to the existing easement. The enclosed plans detail this proposed work. Ms. Simmons has been re-notified via certified mail of the current proposal. Please call me with any questions or concerns. I will be happy to provide any additional information you may need. Sine ly, aura Stasavich Environmental Scientist Land Management Group, Inc. cc: Delane Stanley, Atlantic Telephone Membership Corporation Allen Lewis, East Coast Engineering V 1LJUU .i1V.\ 1VUV 1:]_1 J1V YJL VUVV L:]. L !1:]_V:]Vl:111:.V1 V1lV11 LEJVVV DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN .PROPERTY OWNER NOTIFICAT1O. /WAIVER FQRM Name of Individual Applying For Permit : Atlantic Te1ephce Membership Cor Address of Property: US Hwy 17, Main Street, Shallotte, NC (Lot or Street #, Street or Road, City & County) I hereby certify that I own property adjacent to the above- referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description of drawing, with dimensions, should be provided with this letter. V I have no objections to this proposal . If you have objections to what is being proposed_, please write the ,vision of Costal management, 7.27 Cardinal Drive Ex ension, Wilminc=,1 North Cazol_na 28405 or cal 910 395-3900 within 10 ;aays of receipt of this notice . No response is considered the same as no pb-i ection if vsu have been notified by Certifies], Mail WAIVER SEQTIQN I understand that a pier, dock, mooring pilings, breakwater, boat house or lift must be set back a minimum distance of 15 ' from my area of riparian access unless waived by me . (If you wish to waive the setback, you must initial the appropriate blank below. ) I do wish to waive the 15 ' setback requirement. I do not wish to waive the 15 ' setback requirement . 1 /44 C E V 3 Signature - Date ., r , ,e._s MAY 0 5 099 Print Name • t.a \ •-174_ ` .DIVISION OF Telephone Number With Area Code CO A4 0"-,0 mANAGEMENT U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 1.9' OO OO County 544.,c,,,,,,,v,_ GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION� Lace 9-C SeuXe-h ,L 4,-/— Property owner eat ,rat 6 L .ut..{- , Address QC S ariix C 22. (141'i411 ittit , Norii Duegt4.-6 254OZ Telephone No. '''I(0- 4 5'-Ocr. 1 Size and Location of project(water body,road name/number,town, Jretc.) A t t,(-i.1 eG,C-( C tdrde.A. ( , i t Description of Activity krit U r h 0 t4.1,1Gzic s Czy4,4,44,,4 C LLB, tv1iL �t1 ctrvrcr>,A,Al Applicable Law: -- / Section 404(Clean Water Act,33 U.S.C. 1 J IV E (check all that apply) �/ Section 10(River and Harbor Act of 1899). Authorization: — Regional General Permit Number. MAY 0 5 1999 I2 Nationwide Permit Number. DIVISION OF r ., . -; s Hi M,!nrICVIcMT Your work is authorized by this Nationwide Permit(NWP)provided it is accomplished in strict accordance with the attached conditions and your submitted plans. jcet4e Scction ter . . , . For any activity within the twenty coastal counties,before beginning work you must contact the N.C. Division of Coastal Management, telephone(919)733-2293. Please read and carefully comply with the attached conditions of the RGP-er NWP. Any violation of the conditions of the RGP er the NWP referenced above may subject the permittee to a stop work order,a restoration order,and/or appropriate legal action. This Department of the Army fGP-e NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal,State,or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the CcncrafPcrmit or Nationwide Permit, please contact the Corps Regulatory Official specified below. Date 6 I t a c ti tc q Corps Regulatory Official 741(e*1 f)CAfc Telephone No. g.0 -26- Expiration Date of Verification �) t,f/41 2tZ 1 SURVEY PLATS,FIELD SKETCH, WETLAND DELINEATION FORMS,PROJECT PLANS, ETC.,MUST ri a ! 1999 GENERAL CONDITIONS 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained,including maintenance to ensure public safety. 3. Erosion and Siltation Controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Regional and Case-by-case Conditions. The activity must comply with any regional conditions which may have been added by the Division Engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality Certification. In certain states, an individual state water quality certification must be obtained or waived. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non-Federal permittees shall notify the District Engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. 12. Historic Properties. No activity which may affect Historic Properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). 13. Water Supply Intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is repair of the public water supply intake structures or adjacent bank stabilization. 14. Shellfish Production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvest activity authorized by nationwide permit. 15. Suitable Material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts. 16. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e., on-site), unless the District Engineer has approved a compensation mitigation plan for the specific regulated activity. 17. Spawning Areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 18. Obstructions of High Flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 19. Adverse Impacts from Impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 20. Waterfowl Breeding Areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 21. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to ►' ATLANTIC TELEPHONE MEMBERSHIP CORPORATION No 100945 65312 VCR SHALLOTTE.NORTH CAROLINA GENERAL FUND VOUCHER NO. MEMORANDUM AMT.OF CHECK . PAYABLE AT PAR $50.00 k . BB & T SHALLOTTE.NORTH CAROLINA Al NOT VALID SIX MOPmis AFTER DATE OF ISSUE January 25 19 99 PAY ATLANTIC TELEPH., Au. r, ��J.I, ,�,�IIIy CISMEMR. CORP. c...a 61 .I.. :,t. wo DOLLARS `' l] 100 TO THE ORDER OF �i NC Departmentof Natural Resources lo 0 100 ti • I J APPRO �— III L0094511' 1:053LOLL2LI: 52L767LS331' G Paa ' VOUCHER CHECK No 100945 ATLANTIC TELEPHONE MEMBERSHIP CORPORATION WE HEREWITH HAND YOU OUR CHECK IN SETTLEMENT FOR ITEMS BELOW T REMITTANCE ADVICE DATE DESCRIPTION AMOUNT DEDUCTION NET AMOUNT 1/25/99 Permit for installing manhole duct C under shallotte river. -- ��� a/c 6121 3 -� ,� 50.00 MAY 0 5 1999 DIVISION OF COASTAL MANAGEMENT