HomeMy WebLinkAboutNCDOT 151-83 Hatteras Inletwwwv"wV�w
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Permit Class 1
it Number
New STATE OF NORTH CAROLINA� ;
151-83
Department of Natural Resources and Community Development I
and I
Coastal Resources Commission
erns IttECErvED -
for
OMajor Development in an Area of Environmental UCT is 1983
Concern pursuant to NCGS 113A-118
® Excavation and/or filling pursuant to NCGS 113-229 /f
Issued to NC Dept. of Transportation Div. of Highways P. O. Box 25201 Raleigh NC 27611
authorizing development in Hyde County at Hatteras Inlet
as requested in the permittee's application dated 8/4/83 includi
attached plats, sheets 1-3 of 3 dated 7/83.
This permit, issued on October 5, 1983 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1. All permanent structures will maintain a minimum setback from the mean high water
line of the north facing shoreline of 60'.
2. All fill materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining
structures to prevent spill —over of solids into any marsh or surrounding waters.
NOTE: The permittee and/or his contractor is urged to meet with a representative
of the Office of Coastal Management prior to construction.
NOTE: The permittee and his contractor is reminded of the requirement to apply for and
receive an Air Quality Permit from the Division of Environmental Management
prior to asphalt plant start—up.
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
AU work must cease when the permit expires on
December 31. 1986
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
Kenneth D. Stewart, Director
Office of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
Field Services Section
108 S. Water Street
Elizabeth City, NC 27
(919) 338-0206
August 31, 1983
Mr. Clifford Swindell
County Manager
Hyde County Courthouse
Swanquarter, NC 27885
OFFICE OF
COASTAL MANAGEMENT
Kenneth D. Stewart
Director
Telephone 919/733-2293
SUBJECT: Asphalt Plant roposal by t North Carolina Departme of Transporta-
of Highways, on a Is a County.
Dear Mr. Swindell;
This office is currently reviewing a proposal by the North Carolina Depart-
ment of Transportation, Division of Highways, to place a temporary asphalt plant
on the north end of Ocracoke Island in Hyde County.
In order to determine if this project can be permitted by a CAMA permit
from this office, information is needed relative to the interpretation of the
conservation classification of this area by the Hyde County Land Use Plan.
Enclosed you will find information relative to this project, produced by
this office. In making this determination you should consider the features of
this development: 1) The temporary nature of the project; 2) the necessity
of the project for the revamping of Highway 12, 3) the mobility of the struc-
tures involved, 4) the nonprecedent setting nature of the proposed project,
and 5) the ability of the site to be returned to its natural condition.
I hope to hear from
concerning this project
me at my Elizabeth City
NGP/gmh
Enclosure
you -soon regarding this. If you have any questions
or any other related matter, please feel free to contact
office.
Cordially yours,
Nelson G. Paul
Coastal Management Consultant
cc:,/Preston Pate, Chief, Field Services, OCM, Morehead City, NC 28557
John Parker, Permits Co-ordinator, Raleigh, NC 27611
P. O. Box 27687 Raleigh, N. C. 27611-7687
I
OFFICE OF
G North Carolina Department of Natural COASTAL MANAGEMENT
Kenneth D. Stewart
Resources &Community Development Director
James B Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/7332
August 16, 1983
,n3b4P,
Mr. Kenneth D. Stewart, Director
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Stewart:
The attached copy of an application submitted by:
North Carolina Department of Transportation
Applicant's Name
Hatteras Inlet
Location of Project
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
August 30, 1983
JRP:bli:2480
Srrk,erely,
John R. arJr. ,
r
Permit Coordinator
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer
r v is
X (A) This agency interposes no objection`.to the proposed work.
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
'•.; of the water by the public;
(e) (2) ..that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
X (D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
See attached
(E) Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
Nelson G. Paul
signed
August 16,.1983
date
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name NCDOT
z. Location of project site Hatteras Inlet, North end of Ocracoke Island in Hyde County.
No photo reference.
3. Investigation type: Dredge & Fill CAMA X
4. Investigative procedure: (A) Dates of site visit 07-13-83
(B) Was applicant present Yes.
5. Processing procedure: Application received 08-10-83 Office Raleigh
6. Site description: (A) Local Land Use Plan Hyde
Land classification from LUP onservation
Development constraints identified in LUP Lands in the conservation
class are inappropriate for development due to either the existence of natural or man-
made hazards or the quality of the natural environment i5 defined as d fragile area.
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands Public trust waters
Estuarine waters Other Inlet Hazard rea
(C) Water dependent: Yes No X Other
(D) Intended use: Public Private Commercial X
(E) Type of waste water treatment: Existing Septic Tanks
Planned Nnnp
(F) Type of structures: Existing Pirnir shad_ rpc;t rooms
Planned Asphalt plant
(G) Estimated annual rate of erosion Q' Source CAMA setback
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
None
(B) Non -vegetated wetlands:
None
(C) Other:
1, Highground area 17.4 acres
p. Disturbed area ±14 acres
(D) Total area disturbed: ±14 acres
8. Project summary Applicant proposes to construct an asphalt plant and associated aggregate &to
storage near Hatteras Inlet, on the north end of Ocracoke Island, in Hyde County.
dIARRA.j-IVE DESCRIPTION:
The North Carolina Department of Transportation, Division of Highways is currently
involved in an extensive rebuilding and resurfacing of Highway 12, the main
traffic corridor for the Dare and Hyde County Outer Hanks. Ocracoke Island,
being only accessable by state operated ferries or private boat, presents a
serious obstacle to this project, logistically. All materials for upgrading
this section of highway would have to be brought in by trucks by the contractor,
and transported by the ferries to the island or a site could be provided the
contractor to which he could barge materials and set up the necessary facilities.
Practically, and the most cost-effective manner of handling this problem for
both the state and the contractor, is to find a site suitable for using as
a landing and facility site.
The site chosen for this project'is located on the north end of Ocracoke Island,
adjacent to and east of the current NCDOT Hatteras Ferry Terminal. The total
project site is a tract approximately 17.4 acres in size, composed primarily of
recent dredge spoils and associated dikes. Elevations range from 1 to 12 feet
and vegetation is composed of a mixture of beach grasses such as non -tidal salt
meadow grass, sea -oats, and Anerican beach grass. Of the tract, ±14 acres
are proposed to be disturbed, in which there are no coastal wetlands. The
project touches on the Estuarine Shoreline ACE; and is entirely within the
Inlet Hazard AEC.
The project will be executed by the contractor for Highway 12 after the contract
is let. The contractor will level and grade the area for access ways,for aggregate
storage areas,and for the asphalt plant itself. The asphalt plant will be
constructed at least 60' from the existing (inactive) inlet shoreline and will
be one of the readily -movable designs. No dredging is anticipated with this project.
ANTICIPATED IMPACTS:
This project, if conducted as proposed, will temporarily result in an increase
in vehicular traffic, construction noise and visual distraction for the length
of this project. Structures at the site would be in danger of being flooded
or destroyed in a severe storm and/or by rapid inlet migration. No impacts
are anticipated to the fisheries of this area by this project.
Name: Nelson G. Paul Date: August 16, 1983 Office Elizabeth City
I I � I • S
APPLICATION RT 1
FOR AUG1
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFIC 10(�]
'�c;.i - w
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DE
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington
(GS 113-229, 143-215.3(a)(I), 143-215.3(c), 113A.118 (33 CFR 209.320.329) Distric
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
Attn: Mr. T. L. Waters, P. E., Manager of Planning $ Research
Applicant Information N. C. Dept. of Transportation - Division of Highways
A. Name
B. Address
P. 0. Box 2520Lfst First Middle
Raleigh, North Carolinatreet2P7611 xorRouce
(919)733-3141
City or Town - State - Zip Code Phone
II. Location of Proposed Project:
A. County Hyde
B. 1. City, town, community or landmark Hatteras Inlet
2. Is proposed work within city limits? Yes —No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Pamlico Sound
Ill. Description of Project
A.
1. Maintenance of existing project 2. New work
B.
Purpose of excavation or fill
1. Access channel length width
depth
2. Boat basin length width
depth
3. Fill area length width
depth
4. Other length width
depth
C.
1. Bulkhead length Average distance waterward of MHW
(shoreline)
2. Type of bulkhead construction (material)
D.
Excavated material (total for project)
1. Cubic yards 2. Type of material
E.
Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A.
Does the area to be excavated include any marshland,swamps or other wetland? Yes No
B.
Does the disposal area include any marshland, swamps or other wetland?
Yes No
C.
Disposal Area
1. Location
2. Do you claim title to disposal area?
D.
I ill material source if fill is to be trucked in
E.
How will excavated material be entrapped and erosion controlled?_
F. 1 ype of equipment to be used
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
D& F-Il1
P., Inns
V.', Intended Use of Project Area (Describe)
� J
A. 1, Private
c
2. Commercial
3. Housing Development or Industrial
4. Other Temporary Asphalt Plant Site
B. 1. Lotsize(s) 14.4 Acres
2. Elevation of lot(s) above mean high water ±7 Feet
3. Soil type and texture Sand
4. Type of building facilities or structures Asphalt Plant
S. Sewage disposal and/or waste water treatment A. Existing Planned
B. Describe
6. Land Cl- ifica�'° a one) D FED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and a
A. Does the proposed project involve the placement of rill materials below mean high water? Yes_No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes —No X
2. Type of discharge
3. Locatiun of discharge
VII. Present rate of shoreline erosion (if known):
Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
-'hen forward a copy of the deed or other instrument under which the owner claims title plus written
rermission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X I I" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C- A copy of the application and plat must be served upon adjacent riparian landowners by registered or
. certified mail or by Publication(G.S. 113-229 (d))Enterdate served Aubust 3 1 9R'S
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Cape Hatteras National Seashore
C om artman
Route 1, Box 675
Manteo, N. C. 27954
XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinals approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli.
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE
Applicant's Signature
Manager of Planning & Research
D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
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PROJECT LOCATION MA P
FROM N.C. TPANSPOPTATION
HIGHWAY MAP
N.C. DEPT OF TRANSPORTATION
DIVISION OF HIGHWAYS
HYDE COUNTY
PROJECT 8.1080101
PROPOSED ASPHALT PLANT
OCRACOKE ISLAND @ HATTERAS INLET
SCALE AS SHOWN
SHEET i OF .3 JULY 1983
yA T T E RA S
G8o SN L 6 T
1'
1
3p 11 as
�1 20 /S
' 60 FT. TYP.
1
Penic sbe i M..v.T et .o.9) 1.7
\ 1 Q9• S
t, I�DOCKING \ 1� ®. T ,.i.
ING
1
•.� AREA\ \
iPLANT
PROPOSED ASPHALT'
SITE
1
�-
____�"j10.
•Fer 11 lG
J.l
..........................
����
p o
NI
— LIMIT OF DISTURBANCE
—
PLAN VIEW
AREA OF DISTURBANCE= 14.4 ACRES
ie
J.y
SCALE IN FEET
El
0 50 100 200 400
FUEL & ASPHALT CEMENT CONTROL ROOM d FIELD TESTING
I I STORAGE AG GREGATE DRYER LAB
I I M IXTU RE STORAGE SILO
ACCESS R _ ( AGGREGATE 1
/ — — STOCKPILE I
DOCKING 8 1---_ _ — —
UNLOADING
AREA
1 _
o -0 b cy z - ' AGGREGATE COLD FEEDERS
, � E RETAINING BAGHOUSE
dyoo� WALL STORAGE
00 y I I
TYPICAL ASPHALT PLANT LAYOUT
z �zao vi"
SCALE 1N FEET
0 5:) 10) I 0
August 16, 1983
Comments - NCDOT
This project has some very real problems with the Hyde County Land Use Plan.
The plan classifies this area as conservation, and requires property under this
classification to be essentially maintained in their natural state because
these lands are least desirable for development due to the environmental characteristics
which make them either biologically or aesthetically valuable. The plan goes
on to say further that the conservation class: "... is inappropriate for develop-
ment due to either the existance of natural or man-made hazards or the quality
of the natural environment...'. These problems are expected to be resolved,
however, once they are discussed with the county.
All structures of this proposal are to be of a readily movable type and are
to maintain a 60' buffer between their foundations and the relic inlet shoreline.
These provisions will allow some time and moving ability for the structures
should this site experience inlet migration during the life of this project.
This is consistent with our inlet hazard guidelines outlined in 15 NCAC 7H
.0310(a). Aggregate is considered expendable and not a structure.
I expect the land use plan problem to be cleared up by corresponding with the
county. Barring any adverse public comments, I believe this project to be
in the public interest, somewhat, based on logistical and therefore, economical
considerations. I£ it is found a permit can be issued, I have no objections
subject to the following conditions:
1. All permanent structures will maintain a minimum setback from the mean
high water line of the north facing shoreline of 60'
2.- All fill materials will be confined above mean high water and landward
of regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spill -over of solids into any marsh or
surrounding waters.
N1. NOTE: The permittee and/or his contractor is urged to meet with a representative
of the Office of Coastal Management.
i
i
i,
j
I
��
�, .
,`
North Carolina"1
Resources Con-
s 3 Jr., Governor
s
artment of Natural
unity Development
\Joseph W. Grimsley, Secretary
Field Services Section
108 S. Water Street
OFFICE OF
COASTAL MANAGEMENT
fl V �� Elizabeth City, NC 27909
(919) 338-0206
July 25, 1983
Mr. T. L. Waters, P. E. v
Manager of Planning. esearch
Dep . of Transportation
P. 0. Box 25201
Raleigh, NC 27611
Subject: T rary Asphalt Plant for the nor of Ocracoke Island.
Dear Mr. Waters:
Kenneth D. Stewart
Director
Telephone 919/73a2293
This letter is to confirm that on July 13, 1983 I met with Mr. Nathan
Benson of NCDOT, Mr. Richard Scarce of NCDOT, and Mr. Kent Turner of the National
Park Service at the Ferry landing on the north end of Ocracoke Island in Hyde
County. The purpose of our meeting was to discuss the construction of a temporary
asphalt plant and associated facilities needed for the maintenance work proposed
for Hwy 12 on Ocracoke Island. This facility is proposed to be placed between
the existing ferry docks and the Atlantic Ocean on existing spoil disposal
sites present in this area.
As I indicated during this meeting, this project is to be located in the
Inlet Hazard Area of Environmental Concern as delineated by the Coastal Resources
Commission (CRC). A review of the CRC standards for development inside Inlet
Hazard Areas and discussions with other office staff since this meeting have
indicated the following about this project:
1. This project will involve the disturbance of a contiguous land area greater
than 1 acre and will also require a permit from the National Park Service.
These are keys for CAMA major development and not being a development activity
being undertaken by a federal agency, it has been determined a CAMA major
development permit will be required for construction of this facility.
2 . In applying for -this permit, the components of the asphalt plant or any
other "fixed" structures must be placed outside of 60' of the existing
northerly shoreline to allow a buffer for severe inlet migration erosion
should it happen to occur during the anticipated Tk year life of this
facility. Rock storage, not being a structure, may intrude into this setback
area.
3. The components of the asphalt plant must be readily movable to allow relocation
should they become threatened by erosion any .time during the life of this
facility.
P. 0. Box 27687 Raleigh, N. C 27611-7687
1, c... 1,— ,u......,.. . ..._._ .... _..
Mr. T. L. Waters, P. E.
Page 2
In my most recent telephone discussion with Mr. Benson regarding this
project, I indicated the permit for this project may involve a full 75 day
review period by this office in order to properly evaluate this proposal.
I believe it:is logical to assume NCDOT will immediately proceed with obtaining
this authorization in order to prevent any unnecessary delays for the contractor
after the contract for this project let in November.
I will be available to answer any questions you or your staff might have
concerning this project and how it relates to Coastal Resources Commission
guidelines. Please feel free to contact me at my Elizabeth City office should
you need my assistance.
Cordially yours,
Nelson G. Paul
Coastal Management Consultant
NGP/gmh
cc: 'Preston Pate, Chief; Field Services Section, OCM, Morehead City, NC 28557
Hugh Heine, U. S. Army Corps —of Engineers, Wilmington, NC 28403
Kent Turner, National Park Service, Rt. 1, Box 675, Manteo, NC 27954
John Parker, Permit Co-ordinator, Raleigh, NC 27611
MEMO.
_,,)��� f,/ DATE:
is
SUBJECT: j
CL / 1 /
North Carolina Department of Natural,
Resources &Community Development
A
NOTICE OF FILING
OF APPLICATION FOR
CAMA MAJOR
DEVELOPMENT PERMIT
fl
Auc
Pursuant to NCGS 113A-119(b), the Department of Natural Resources and
Community Development hereby gives Public Notice that an application for a
development permit in an Area of Environmental Concern as designated under
the CAMA was rec e n August 12, 1983 According to said
application th CDOT proposes to construct an asphalt
slan
A copy of the entire application may be examined at the site or copied at the
office of Nelson G. Paul, Office of Coastal Management, 108 S. Water Street,
Elizabeth City, NC 27909 after this date during normal office hours. Cam.ents
mailed to Mr. Kenneth Stewart, Director, Office of Coastal Management, P. 0.
Box 27687, Raleigh, NC 27611 prior to September 23, 1983 will be
considered.
OFFICE OF
A61A North Carolina Department of Natural _OASTKe MANAGEMENT
Kenneth D. Stewart
1, Resources &Community Development Director
James B. Hunt, Jr., Governor Joseph 6V. Grimsley, Secretary Telephone 919/733-2293
Mr. T. L. Waters, P. E.
Manager ° esearch
,_-N -Bept. of Transportatictk
uivision or-Rignways
P. 0. Box 25201
Raleigh, NC 27611
Dear Mr. Waters:
Field Services Section
108 S. Water Street
Elizabeth City, NC 27909
(919) 338-0206
August 15, 1rii-cov- -
pUG 16 '668
The Department of Natural Resources and Community Development
hereby acknowl-_edgeseceipt of your application for State a o—
plqa _ pl and associated aggregate storage a °k p cate at Hatteras Inlet on the north end o cracocey e Count Your application was received in our Raleigh office
on 3.
You should remit a check for $25.00 to this or our Raleigh office
in order to cover the cost of the required public notice, otherwise the
material you have submitted appears adequate for processing at this time.
Processing will require an on -site inspection of your property within
the next two weeks. Additional information may be required as a result
of this investigation and further review of your proposal by other state
and federal agencies. Additional information may also be required by
the Division of Environmental Management to determine if a 401 Water
Quality Certification is required.
Please contact this office at any time if you have any questions
regarding the status of your application.
Cordially yours, D /)
<V , V :7
Nelson G. Paul
Coastal Management Consultant
NGP/gmh
cc: jOreston Pate, Chief, Field Services, OCM, Morehead City, NC 28557
Hugh Heine, U.S. Army Corps of Engineers, Wilmington, NC 28403
Bill Moore, DEM, Washington, NC 27889
P. 0. Box 27687 Ral, oh, N. C. 27611 7687