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HomeMy WebLinkAbout15-77 Adams & BraswellState of North Carolina ' Department of Natural and Economic Resources - PERMIT TO EXCAVATE AND/OR FILL Permit No. 15— 7 7 (Re: G. S. 113-229) Permit Class Issued to. Mr. Augustus A. Adams S Mr. George Braswell New Box 426 Grifton North Carolina 28530 This permit authorizes_ excavation and/or fill work in Beaufort County, N. C. at Back Creek as requested in the permittee>s . rec.'11-24-76 8 attached plats, 2 no date application dated p > subject to the conditions set forth below. - (1) That the bulkhead must not exceed 5> from the normal+high A v water mark at any point along its alignment (2) That all backfill material be obtained from a highland source and confined behind the permitted bulkhead' (3) That no excavated or fill material be placed at any time W= in any marsh or waters of the state, outside of the align— ment of the fill area indicated on the plat. (4) That all fill material to be placed below normal high water be.confined behind the permitted bulkhead. [ See attached sheet for Additional Conditions.] THAT IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRECISELY, THE PERMITTEE IS SUBJECT TO A FNE, IbIPRISONMENT, OR CIVIL ACTION AS 'PROVIDED IN G. S. 113-229 (K) AND (L). That this permit maybe objected to by the permittee within twenty (20) days of the date of issuance. Failure to submit such objection shall be interpreted as an agreement of compliance with all permit conditions. That this permit must be displayed along with a copy of the application and the project plat in the cab (or pilot -house) of the equipment working on the project, or be easily accessible, on site, to pepartment person- nel when the project is inspected. That any maintenance work or project modification requires further Departmental approval. Subject to permit renewal, all work must cease when permit terminates. This permit terminates on December 31, 1979 Issuing Date: _January 31, 1977 Form D&F-g Revised 3/76 Signed by the authority of the Secretary of tha DepCL Natural & Econo is ReaCour�ces Edward G. Mc o , Director Division of Marine Fisheries Mr. Augustus A. Adams Permit No. 15_77 Mr. George Braswell Page 2 of 2 January 31, 1977. ADDITIONAL CONDITIONS (5) That all spoil and/or fill material be spread and stabilized with vegetative covers and other means such as riprap or shell. Vegetative covers should be present within 30 days after completion of excavating, filling and land disturbing activities. (6) That the proposed bulkheads be tied into existing bulkheads, if permissible. (7) That the activity be conducted in such a manner as to prevent significant increases in turbidity outside of the area of construction or construction -related discharge (increases of 25 JTU's or less are not considered significant). «/ ge, Edward G. McCoy, Director Division of Marine Fisheries N a U Z H SCALE: 1° = 60' ' LOT 6 PROPERTY OF: W. B. MIDYETTE, JR. i BOX 154 ��Bf BATH, N,C. coal GF LOT 7 9[� PROPERTY OF: GEORGE BRASWELL 4048 WITCHDUCK ROAD VIRGINIA BEACH, VA 0, 23455 +10' LOT 8 PROPERTY OF; A. A. ADAMS MIXED MARSH BOX 426 GRIFTON, N.C. 28530 LOT 9 PROPERTY OF: PEARL CHRISMON �y ROUTE 1?BOX 467 Fy �'12,± BATH, N.C. M OIL AREA TO AREA BE LEFT UNDISTURBED =0'1. SPOI QQ AREA Q�QP o TO BE LEFT O BACKFILL , UNDISTURBED 6± F�U�K��Ap � EXMHW oNo. OREL 1 SH NE BACK CREEK TO BATH CREEK — T TYPICAL CROSS-SECTION OF PROPOSED BULKHEAD fIll Existing Ground Lie � roposed Anchor ]Bulkhead 6 ± I'M Q':0], Existing Bottom TYPICAL CROSS-SECTION OF PROPOSED BOAT BASIN AND CHANNEL 50 5011 Spoil Area istiag Ground Line nm., 0 k1o, Proposed Proposed Bottom Existing Bottom Bulkhead Note: Not to Scale Vr. D ♦> _ y] lea] 4., '" ]♦.. o' 11-1 ] a v ? h..Us .•J f •K . � � e. 4� 7 I of m !Y1 !O1 1• f ... • ffi lrs s1 vn ug G " {wnw4wm4 � ,al]] .0 ]J V 1 1 ] _ J u 011 �] ` ll3 II4 V. 1Zljij WN4Va] LL L]]! i ]]] _ �� 4 a• ae 1 A L K S O N SAM 4 t Uonn IHl . ]e f: ,ly V - •fin. Z G 1♦ A -- - • . c asom]as .•'.' L � '� y <a lOt NERNorth Carolina Department of Natural & Economic Resources JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY November 30, 1976 Date Mr. James T. Brown, Chief Estuarine Studies Section Division of Marine Fisheries Box 769 Morehead City, North Carolina 28557 Dear Mr. Brown: The attached copy of an application submitted by: A. Adams 6 :ant's Name DIVISION OF MARINE FISHERIES EDWARD G. McCOY DIRECTOR BOX 27687. RAI. EIGH 27611 TELEPHONE 919829-3767 N MA"1NtiE� Back Creek off Bath Creek Beaufort Location of Project County for a state permit to perform excavation and/or fill work in coastal North Carolina 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 to the Division of Marine Fisheries not later than December 21, 1976 LLT:dah Sincerely, Lo eo Tilley Assistant Director Division of Marine Fisheries (Please use reverse side for comments and signature.) (A) This agency interposes no objection to the proposed work. ❑ (B) 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) Agency findings relating to item(s) A and/or B are hereby detailed. ❑ Detailed comments continued on attached sheet. No objections with the following conditions: (1) That the bulkhead must not exceed 5' from the NHW mark at any point along its alignment; (2) That all backfill material be obtained from a highland source and con- fined behind the permitted bulkhead; (3) That Wexcavated or fill material be placed at any time in any marsh or waters of the state, outside of the alignment of the fill area indicated on the plat; (4) That all fill material to be placed below NHW be confined.behind the permitted bulkhead. ❑ (D) Comments are submitted that do not directly relate to item B but are relevant to the public interest. (These comments will be for- warded by the Department of Natural and Economic Resources to appropriate State or Federal agencies.) J. T. Brown Signed 12-22-76 Date Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 December 22, 1976 MEMORANDUM TO - John Parker From R. D. Nelson Subject App. for State permit - Augustus A. Adams & George Braswell Location - Beaufort County - Back Creek approximately 200 yds. south of NC Hwy. 92 bridge across Back Creek. Investigative process - The app. rec. in Raleigh 11-24-76; Morehead 12-2-76. Site investigated 12-9-76. Environmental setting - The overall project site which lies on the east side of Back Creek consists of two building lots each measuring about 160' x 250'. The lot ly- ing closest to NC Hwy. 92 presently has a house under construction. Both lots are quite high on the portion fronting Kirby Grange Ave. which at present appears to be a dirt farm filled road. Both lots slope from an elevation of 10-12' to an eleva- tion of approximately 1' adjacent to the creek. The higher portion of each lot con- tains a few pines and large gum trees. In the lower portion of the property adja- cent to the creek, the area is vegetated by a few pine trees, three or four cypress trees, and a mixture of myrtle, gums, pines and various other woody shrub type plants. Immediately adjacent to the shoreline, the lots are bordered by a 10-20' width of mixed black needlerush (Juncus roemerianus) and giant cordgrass (Spartina cynosu- roides). This marshgrass border extends approximately 240' along the 320' shore- line. The remaining 80' of shoreline consists of a high embankment which is exhibit- ing evidence of moderate to severe erosion. Lying immediately behind this marsh - grass border, is an area vegetated primarily by various shrubs and grasses mixed with salt meadow grass (Spartina patens) and myrtles. Project description The applicants propose to construct a 50' long by 40' wide access channel from Back Creek into a 50' x 40' boat basin which will be constructed on the property line between the two lots. In addition, they propose a 400' long bulkhead which will be located primarily behind the mash border to that point on the lot where the marsh border ends, and from then it will continue across the face of two washout areas to the end of the property line. Spoil from the proposed exca- vation will be placed on high land immediately adjacent to the proposed basin. Environmental impact - Approximately 400 sq.ft. of marsh consisting of black needle - rush and giant cordgrass will be excavated. A small area of shallow water habitat will be filled as a result of constructing the bulkhead across the two washouts lo- cated on the downstream end of the two lots. Approximately 500 sq.ft. of mixed mar- ginal wetland habitat will be covered with spoil. Doug Nelson SCALE: 1" = 601 LOT 6 PROPERTY OF; W. B. MIDYETTE, .JR, BOX 154 BATH, N,C, LOT 7 PROPERTY OF: 'GEORGE BRASWELL 4048 WITCHDUCK ROAD -VIRGINIA BEACH, VA 23455 *10' LOT 8 MIXED MARSH Tlr AREA TO ""�'\\ BE LEFT ��\ UNDISTURBED TO BE LEFT UNDISTURBED BACK CREEK PROPERTY OF; A. A. ADAMS BOX 426 GRIFTON, N.C. 28530 LOT 9 PROPERTY OF: ` - PEARL CHRISMON ROUTE I X 46 +12,± BATH, N.C. � N! \ BACKFILL XI SHORELINE TO BATH CREEK >- .r.r.- APSLICATION FOR PERMIT TO EXCAVATE AND/OR FILLS r, aT State of North Carolina I Department of tYhRWr y Department of Natural and Economic Resources Corps of Engineers, Wilmingtdn District (Re: GS 113-229) (Re: I iv€r?o } arbgr�Act of 1899) Please type or print and fill in all blanks. If the information requested is not applicable, so indicate by placing N/A in the blank. DIV. OF HARIN : FISK-12 -3 . Applicant Information: Braswell, George A. Name Adams, Augustus A.— LasFirst Middle B. Address Box 426 Grifton NC 28530 524-5436 or II. Location of Proposed Project: A. County Beaufort B. 1. City, town, community or landmark Bath. N. C. 2. Is proposed work within city limits? Yes No X C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Back Creek off Bath Creek III. Description of Operation: A. 1. Maintenance of existing project NIA 2. New work proposed Bulkhead and Boat Basin B. Purpose of excavation or fill + + 1. Access channel length so,- width 40' - depth 2.Boat basin length mkL width 40t- depth 3. Fill area NSA length width depth 4.Other. NSA length width _depth C. 1. Bulkhead dimensions 400' - 2. Type of bulkhead construction (material) Treated Timber D. Excavated material (total for project) 1. Cubic yards approx. 600 ctt. yds. 2. Type of material Sand, Loam, etc. E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards approx. 50 cu. yds. 2. Type of material Sand, Clay, Loam, etc. IV. Land Type, Excavated Material, and Construction Equipment: A. Does the area to be excavated include any marshland? Yes _ X No— B. Does the disposal area include any marshland? Yes A No C. Disposal area 1. Location Behind bulkhead as backfill around Boat Basin 2. Do you claim title to disposal area? - Yes D. Fill material source if fill is to be trucked in Native field soil E. How will excavated material be entrapped or encased? Behind proposed Bulkhead F. Type of equipment to be G. Will m shland be crossed in tr sporting a ippien to prof ct site? (If yes exp am yes, dragline Will need to cross a smaff area o 'mrxetd marsh to dig bdat �a�in. V. Describe Intended Use of Project Area: A. 1. Private private boat basin and bulkhead for residential lot 2. 3. Housing Development or Industrial 4.Other N/A D& F-B7 Rev_ 3/74 1. 162.3 x 245.1 x 107.5 x 260 6. 1. Lot size(s) 2• 158.6 x 260 x 107.5 x 220.6 2. Elevation of lot(s) above mean high water from MLW to 1017, 3. Soil type or texture Clay, Sand, Loam, etc.. 4. Type of building facilities or structures Proposed Residence 5. Method of sewage disposal or treatment "ose'd, Seat, c. TW*,5 - VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No_ 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 N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known): Urftown Vlll. 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 for project activity: One nar X. In addition to the completed application form, the following items must be provided: A. Attached 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, 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 on his land. (Note: Federal law requires the applicant to be the owner or his designated agent). B. Attach an accurate work plat drawn to scale on 8%" X II" 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 0� certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served Such owners have 30 days in which to submit comments to agencies listed below. �— D. List the names and complete addresses of the riparian landowners with property adjoining applicant's tract. Lot 6 Mr. V. B. Mi tte Jr, Lot 4 Mr. Pearson Chrismon Permit Section Division of Commercial Department of Natural P. O. Box 27687 Raleigh, North Carolina Ph. 919-829-3767 Send one completed copy each to: & Sports Fisheries k Economic Resources 27611 Applicant's Signature District Engineer Department of the Army Wilmington District Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28401 (Note: attach Corps cover letter) Ph.919-763-9971 Ext.565 D& F-B2 Rev. 3/74 TYPICALN'J ON OF PROPOSED 1 1 1 •• Und Line Anchor Existing Bottom TYPICAL CROSS-SEMON OF PROPOSED BOAT BASIN AND CHANNEL 1 1 Spoil OR *04,0NOP .00 30 Note: Not to Scale y .W ., yy ;� • /: y 1 A C Q 2 0 M Oven �•. ^ tG i C�� "1'f•�.k4M p �\ � � Jll ll• • _ � SY = IL II +///101'l tJ' 1• 4,•ye �� � ` n UM D✓t a .W � � // sy OrMMbH