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HomeMy WebLinkAbout16-95 Esham, DavidPermit Class Permit Number NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission V P r mi t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to David E. Esham, P. O. Box 310, Ocracoke, NC 27960 authorizing development in p16-95 County at Pamlico Sound, canal off of adjacent SR1362 bridge as requested in the permittee's application dated 10/31/94 including attached workplan drawings, 2, dated 9/21/94. This permit, issued on FEBRUARY 9. 1995 , 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 be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1). An earthen plug will be left between the area to be excavated and the canal and a 24-hour period after completion of the excavation will elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. 2) Excavation will not exceed six (6) feet below the elevation of mean low water (MLW). 3) No vegetated wetlands will be excavated or filled. 4) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (See attached sheet for Additional Conditions) 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. All work must cease when the permit expires on December 31, 1998 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 DEHNR and the Chairman of the Coastal Resources Commission. Av-v' Roger N. Mecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee David E. Esham Permit #16-95 Page 2 of 3 ADDITIONAL CONDITIONS 5) All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands. 6) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction of construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTUs or less are not considered significant. Bulkhead Construction 7) The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of -construction. 8) The bulkhead must be constructed prior to any backfilling activities. 9) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 10) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment: 11) The fill material will be clean and free of any pollutants, except in trace quantities. 12) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. General 13) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 14) Appropriate erosion and sedimentation control devices, measures, or structures shall be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swales/berms, sand fence, etc.). David E. Esham ADDITIONAL CONDITIONS Permit #16-95 Page 3 of 3 15) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. NOTE: The Division of Environmental Management authorized this permit under General Water . Quality Certification No. 2665 on February 6, 1995. 3 APPLICATION TRANSMITTAL/PROCESS RECORD n9 /� A) Applicant: David E. Esham County: Hyde (/f' Location of Project: On SR 1362, adjacent Oyster Creek off Pamlico Sound Date Application Received Complete by Field: 3 November 1994 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: T. Moore District Office: Washington District Manager Review: B) Date Application Received in Raleigh: Fee Rec'd: Public Notice Rec'd: End of Notice Date: Adj. Rip. Prop Notices Rec'd: Deed Rec'd: Application Assigned to: on C) 75 Day Deadline: 150 Day Deadline: Mail Out Date: State Due Date: D) Federal Due Date: Fed. Comments Rec'd on Permit Final Action: Issue Deny Draft on AGENCY DATE COl41ENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office Division of Comm. Assistance Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways nn Wildlife Resources Commission ` Div, of Water Resources NOV Div, of Marine Fisheries J t/71 r. NOV 2 3 1994 10"01MMMEIRIS3 Terry Moore OM: John Crew DATE: 15 November 1994 I SUBJECT: David E. Esham Proposal, Ocracoke Island, Hyde County, North Carolina This proposal to excavate a 50' wide connection to an existing boat basin to an existing canal and with bulkheading of the newly created shoreline comes under the auspices of the May 1992 CRC certified Hyde County Land Use Plan update. That plan offers the following limited guidance for proposals of this type: County policy on bulkhead construction (page IV-12) does not apply to manmade canals and ditches. County policy on estuarine waters, shorelines and public trust areas (page IV-13) was recently amended by the county and certified by the CRC to defer any proposed development therein to appropriate AEC standards, provided those "structures shall not exceed a height of 3 feet above the natural water line." (CRC certified March 25, 1994.) The landward portion of this proposal is shown in the Developed land classification on the land classification map of Ocracoke Village. That class (page III-1) calls for urban development and subsequently urban services to support that development. The waterward portion of this proposal, by definition (page III-1), falls in the Conservation land class. That class calls for any uses permitted by CRC regulatory standards, unless a local, more restrictive policy applies. My opinion is if this proposal can be completed in accordance with applicable AEC use and performance standards, it is not inconsistent with the land use plan for the village. cc: Preston Pate L,46hn Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: David E. Esham 2. LOCATION OF PROJECT SITE: Hyde County, Ocracoke Island, SR 1362, on Oyster Creek off Pamlico Sound Photo Index - 1989: 5-197-3, L-13 1984: 148-370, L-16 State Plane Coordinates - X: 2,903,800 Y: 510,800 Ocracoke Quad. (upper left comer) 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 25 August, 3 November 1994 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 3 November 1994 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County/Ocracoke Section Land Classification From LUP - Developed (land) Conservation (waters) (B) AEC(s) Involved: Estuarine Waters, Estuarine Shoreline, Public Trust Area (C) Water Dependent: Yes (D)' Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing - Goose Pen Planned - None (G) Estimated Annual Rate of Erosion: 1 foot Source - Applicant 7: HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands N/A N/A (B) Non -Vegetated Wetlands Canal Bottom 2,500 sq. ft. 400 sq. ft. ±370 cu. yds. bulkhead backfill area (C) Other Highground 2,000 sq. ft. 3,000 sq. ft. point of connection spoil area ±660 cu. yds. (D) Total Area Disturbed: 7,900•sq. ft. or 0.18 acres (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to excavate a new 50' wide connection to an existing boat basin which is already connected to the existing canal and to bulkhead the new shoreline created by the excavation. DAVID ESHAM Ocracoke Island Hyde County Environmental setting The applicant's property is located off of SR 1362 on the Oyster Creek canal off Pamlico Sound on Ocracoke Island in Hyde County, North Carolina. The highground property is ±3 feet in elevation, sparely vegetated with upland grasses, red cedar, and S atina atens. An existing 100' by 35' boat basin has a shallow, narrow connection to Oyster Creek canal near the northwest end, but the applicant is proposing a more direct, deeper and wider entrance near the southeast end. The existing basin is approximately 1,500 feet from the point where the +50' wide Oyster Creek canal connects to Pamlico Sound. A portion of the highground property and the existing boat basin are currently being used as a goose pen. Shoreline along the canal, as well as along the existing boat basin, has been bulkheaded within the past year authorized via the general permit process. Project proposal The applicant is proposing to dig a 50' wide by 90' long channel to a depth of -6' NWL to connect an existing 100' by 35' boat basin to an existing canal. Oyster Creek canal is approximately 50' wide and 6' deep at' this site. A 40' long by 50' wide area of excavation (2,000 sq. ft. or 660 cu. yds.) will be through a highground sand berm presently separating the existing basin from direct connection to the canal. The remaining 50' by 50' area (2,500 sq. ft. or 370 cu. yds.) to be excavated will be through shallow water varying in depth from 2' to 4' and connecting to the existing basin which is approximately 6' in depth. Although some fine silty sediments exist on the surface of the bottom, the majority of the material to be excavated is sand. All excavated material is to be placed on highground behind the existing as well as proposed bulkhead. Newly created shoreline through highground resulting from channel excavation will be bulkheaded to stabilize the cut banks and to prevent erosion of sediments into the new channel area. All waters on Ocracoke Island are classified SA except for Silver Lake which is SC. This project area is closed to shellfishing, although oysters do exist more so in the canal than in the area of the existing boat basin. Environmental impact The project as proposed will result in short term localized turbidity through the construction phase. The new connection will provide increased potential for water circulation in the immediate area of the existing boat basin and the adjoining water body. No vegetated wetlands are to be excavated or filled. Terry E. Moore - Washington Regional Office - 15 November 1994 MEMORANDUM TO: John Parker FROM: Terry Moore VyA DATE: 15 November 1994 SUBJECT: Recommendations for the David Esham Application This project requires water access and in my opinion is consistent with the Management Objectives and Use Standards of Estuarine Waters and Public Trust Areas. There is at least the potential that this project may not only benefit the applicant but actually enhance existing estuarine resources. Although the existing basin is presently connected to the Oyster Creek canal system, the point of connection is ±1,200' to the northwest end of the water body. The new connection will be wider and deeper on the southeast end and allow for better circulation as wind tides would ebb and flow through both openings. Although this entire area is closed to shellfishing there is a very sparse population of oysters in the affected water body. Oyster concentrations of greater density exist in the immediate area (canal). I conclude from personal observation that the current low number of shellfish in the affected water body may result from poor circulation. Therefore, I recommend this permit be issued with the following conditions: 1) Excavation will not exceed 6 feet below the normal water level. 2) An earthen plug will be left between the area to be excavated and the canal and a 24 hour period after completion of the excavation will elapse prior to plug removal to prevent unnecessary siltation into the adjacent water body. 3) The bulkhead will not extend waterward more than 2 feet from the normal water level at any point along its alignment at the time of construction. 4) The bulkhead must be constructed prior to any backfilling activities. 5) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 6) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. k MEMORANDUM David Esham Page 2 7) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 8) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. 9) No marsh grass will be excavated and/or filled. 10) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 11) All excavated 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. 12) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. 13) All construction/excavation is to be accomplished in compliance with the permit and plats. Terry E. Moore - Washington Regional Office - 15 November 1994 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Namel�FlLunp Ge r_ iIyy Address]M- m 3M City OCRA( F State Zip _ Day phone 69) 90Z -S) 81 _ X Landowner or Authorized agent b. Project name (if any) hl 1A c. If the applicant is not the landowner, also give the owner's name Land address. 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number b. City, town, communittyy, or landmark c. County gh" d. Is proposed workw`}}'thin city limits or planning jurisdiction9 p/O e. Name of body of water nearest project 28ml. T a n sody'b 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). ExuacTtrW D-FF Ah EWlura CAJ11L.__ To Art ci-sc..tr ZrAf AgST. Aty,6 RULLgEm NG ,-saeJaINc If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existin4 project, new work, or both? A u woa c. Will the project be for community, private, or commercial use? lamas Vag d. Describe the planned use of the project. peraa 7S cr ikssa) 4 LAND AND WATER - CHARACTERISTICS a. Size of entire tract 122C b. Size of individual lot(s) So' k 1! 0 ' c. Elevation of tract above mean sea level or National Geodetic Vertical Datum 1'P,, d. Soil type(s) and texture(s) of tract S rAntD '. e. Vegetation on tract U n ",�c A&a� su0.uas f. Man-made features now on tract Ggw, 7Tc&) g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) Conservation Developed Transitional Community — _Rural _Other h. How is the tract zoned by local government? N IN i. How are adjacent waters classified? j. Hasa professional archaeological survey been carried out for the tract? NO If so, by whom? 3/91 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or structuresproposed piUE-?i2gmgE -81 'r�rrs b. Number of lots or parcels c. Density (Give the number of residential units and the unitsperacre.) N /A m. Water supply source_ N IA' n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach ���sways or provide new access. d. Size of area to be graded or disturbed 1�0' x 1 Goy °' e. If the proposed project will disturb more than one 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. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? N/A f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings., rooftops. �I ontF` g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. f�nt� F h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? PJI A i. Describe proposed sewage disposal and/or waste watertrgatment facilities. I nfJt . T n1. I PCAA�NF'D j. Have these f'c` ities received state or local approval? k. Describe existing treatment facilities. %)c1JF Fx<cT1CQ) 2 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"), Ne�,F If the project is on the oceanfront, what will be the elevation above an sea level of the first habitable floor? A 11 A d 6 EXCAVATION AND,FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel QvILW) or (NWL) 9 / SO Boat basin �X;st;n9 t�00` 3S � Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below Zt� to q� MHW 3oLkAcE ) I2FlCy�t.� Upland fill areas 100/ 30' b. Amount of material to be excavated from below water level in cubic yards i00 c. Type of material Sl-lA'1l> d. Does the area to be excavated include marshland, swamps, or other wetlands? N� e. High ground excavation, in cubic yards ti '?In 3/91 f. Dimensions of spoil disposal area I Ong X Z,0 c g. Location of spoil disposal area ExTS•ffAy� Wg14 (,QbW> olJ x-rA h. Do you claim title to the disposal area? t'S If not, attach a letter granting permission from the owner. i. Willa disposal area be available for future maintenance? YE,s Ifso,where? SAcorn tn(ATrotJ Does the disposal area include any marshland, swamps, or, water areas? k. Will the fill material be placed below mean high water? YES.-gae.144M -RAc ria- 1. Amount of fill in cubic yards : 200 m. Type of fill material SPo)D n. Source of fill material C&PU_ rxcevA6tn1) o. Will fill material be placed on marsh or other wetlands? 11)t) p. Dimensions of the wetland to be filled Nl A q. How will excavated or fill material be kept on site and erosion controlled? `s11T 1• t (Fr Crr t2N6 RML A[AD 6QAri1.06 Sr-swti5 . r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)?_tZAcYUt aND D1A4ITAi& s. Will wetlands be crossed in transporting equipment to project site? W If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead cr riprap mo "n cc-- b. Average distance waterward of mean high water or normal water level 7 c. Shoreline erosion during preceding 12 months, in s, t d. Type of bulkhead material �ooD e. Amount of fill, in cubic yards, to be placed below meanhighwater 20pg.r� f. ,Type of fill material AND 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 property. 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 work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x I 1 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 18 high 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 pan of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. . 3t91 Name %\9_• k AZWE& Address _OCOArFl16, A C 749 a Name li3ON 1. mbs Address ?r O. 1,oX I4Ll - Name Address A list of previous state or federal permits issued for work on the project tact. Include permit numbers, permittee, and issuing dates. �AnrnA �A A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND 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 ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. This is the 33) d of c1bW_2 199�. X Landown6r—ZAutAorized agent 4 3191 \1 `` rO \c IN N 00A HG R4sTN Ti Rtfb%tp &CAJOmu To (cw"r am-awt, wr e1LIN w/ EzsSTgv(, CANRL MI) SOU414EAP Ur 11MID69 M.N. CGRAwKE� N.c- Hyo[ Ca VT>' 7vID ESNAM Pb Box 310 OLAACaf9,NI. JrW 5DI r NOTE *WLATS I, 2,4 3 auE y ccavio0s. O-t�J6,-PAWc * AM JIAJ'=P�ft Lo7f 3dlots zo -0 Aw, tD v CpnN:wabD AS ONE Am fb?, TEMMAL U66- Ir0 OW, S,?TO4%sg w, icM4 / 'ACLtlr, , w, 1' Gy C9h 9� yG %0 O�o4k, ��r �%' �J 15 z � !T CWTINUgr"J of Enssw, TRX-r, SAovs wAK DF f Db3o cND HI w rr 'Rowf- _PkilD rs" W. BZX 310 OtRq(AtE, llt. 2ib0 S6prflmBER ZI; n lq 9 *3 ee�� y y It 71 3 T %ktfe : LOTS 1- l9 POE "Y UIlrl'EvELAPASLE Cz&r::rmiv4w oF "iwi. SNrnaS oNL4 EUrnAtucE FOR WRsEtI To i as AND FL ooD ss rNRnubil A NAMW arc N AT -FAR ENV of, -PRo-pokN 7jppSD Fr+IAn p0. kot ?Lo OMALok., D1C: �T160 SEl'fEMqGri ZL MI N S 8 9 -PLAT4iy -FFm r4 �a Eu*rttw Avaq S}I(FIINb —I.�� 2'xg•ae�. /0 �rY�ro' 5=rmN6 CROSS SW -SW oFARFAS To BE EXCAKrED, 3uLwaxp AArP MACP. Oc9JYorF N. 14yv6 (nw-y yAVIP ESHAM P.obd( 310 OcRacukl5��- 239�0 C�,ep-arA 2; 199q I =lc� S o= MN1A1 we Fksx browD 6�6 Sys M 8•i�' MEMORANDUM .` TO: Jim Mulligan Deborah Sawyer FROM: Terry Moore'' DATE: 15 November 1994 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit David Esham Ocracoke Island, Hyde County, North Carolina Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 3 November 1994. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me.