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
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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
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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
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