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HomeMy WebLinkAboutNCDOT 151-83 Hatteras Inletwwwv"wV�w ww wwwv 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 Rev. 10178 4 0 XeNor9 Polvtlis ur ` DurA wANI C..._,r Pwnt vst aY a ,no A Dvonfs Nect i�.i. M ,Resin'. l °t� Southern \ Valhalla I O \ S Slwres /` --��, Ns \ Hu .1 riser ATLANTIC 54rwrrr F. P°rnf HirLnr ..... 6U;\S .�..I F. e•.Wr F. H. k AT f 1 f f Cnrrwl F. �rr \ i • 2 OYe1mr 92 /ten., w_..nr MR Devil Hrlls G CEA N innr dentoorr� E 6 ti /� .11 Rash au iEmS r r� r_oa Na s Hea° sr.r. r•s I / XedounOJa d$ I.f� Mac } S • S 61 �♦ /' r •� i 4 k•Mantea C. whalebone ep easanf Wvre ( ( Colrmbn+a ^\/% ( 6�4 HnSar �i6a�2 NOat !• esfore $wPper Crewe r 1 J \ Runo Crearll Odt 5 I � _O �Wmchesq � !Sono 1; W A S H I N G T O NC, a�~.... gyp. V 264 b ucxr.ous ty,,o laid s w hnw•_ sr. 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Ocamk yo / R i $5 Merrill Wkortonsrille' L I C /(JJ {m Ror Spv\ t� Oc..mk. law f Oriental/ � V 1/ (` OS \W.- m o `� CAat too.aur V.6 ucrrr.auu a s l0 20 so SGLL Of MILES A! 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