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HomeMy WebLinkAbout42-87 Allen, TerryPermit Class Permit Number New STATE OF NORTH CAROLINA Ad 42-87 Department of Natural md.Community Development 8 Coasts Ret rce"sCt> yission f J for` r 0 Mal or b' l nt in,f!BavuonmeCon to_Excavatioif�gd jjjfp f?isuant to NCGS -------- -----r Issued to Terry Wayne Allen, 108 Williams Street, Greenville, NC 27858 authorizing development in Beaufort Countyat the Pamlico River, Bayside Shores. off Whi tchards Beach Road as requested in the permittee's application dated 12/4/86 including attached plats, 2, plan view and location, no dates. This permit, issued on k/27/0 , 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) The bulkhead must be aligned to avoid all wetland vegetation. To prevent an unintentional violation of this authorization, representatives of the North Carolina Division of Coastal Management and the Corps of Engineers will be available to stake the alignment prior to construction. (2) All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. (3) 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. (4) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction - related discharge. Increases such that -the turbidity in the waterbody is 50 NTU's or less are not considered significant. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. 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. 1990 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. r David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ■ .� ,� ;; . � i;, �' � , __ d i � , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,. CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 29402-1890 February 6, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-007-0167 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: F, i, X':v Reference the application of Mr. Terry Wayne Allen for a Department of the Army permit to construct and backfill a bulkhead on the Pamlico River, Bayside Shores, Chocowinity, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The bulkhead will be positioned in strict accordance with permit plans. To prevent an unintentional violation of this authorization, representatives of the North Carolina Division of Coastal Management and the Corps of Engineers will be available to stake the alignment prior to construction. b. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. c. 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. d. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Mr. Ken Jolly, telephone (919) 343-4632. Sincerely, Charles W. Hollis Chief, Regulatory Branch Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones j Morehead City Regional Office JI North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Gossett Washington Regional Office North Carolina Division of Coastal Management 1424 Carolina Avenue Post Office Box 1507 Washington, North Carolina 27889 V DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 January 8, 1987- IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-007-0167 Mr. Terry Wayne Allen 108 Williams Street Greenville, North Carolina 27858 Dear Mr. Allen: { qxF On February 6, 1986, we renewed general permit No. SAWC080-N-000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received January 5, 1987, for a Department of the Army permit to construct and backfill a bulkhead on the Pamlico River adjacent to your property, Lot No. 57, Bayside Shores, Chocowinity, Beaufort County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. According y, the administrative processing of your application will be accomplished by the North Carolina iiivision of Coastal anagement. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State -Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned No. SAWCO87-N-007-0167 and will be coordinated by Mr. Ken Jolly. He is available to address questions or comments you may have at telephone (919) 343-4632. Enclosure Sincerely, Charles W. Hollis Chief, Regulatory Branch -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. William Mills Water Quality.Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office JNorth Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. C. Robert Stroud Wilmington Regional Office North Carolina Division of Coastal Management 7225 Wrightsville Avenue Wilmington, North Carolina 28403 IN REPLY REFER TO Regulatory Branch . DEPARTMENT OF THE ARMY WIL MINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Obi'MA W 9. few SUBJECT: File No. SAWCO ,ij % - At - 007 - p1&7 Applicant_ _ Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Ms. Nora Murdock Fish and Wildlife Service Endangered Species 100 Otis Street, Room 224 Asheville, North Carolina Gentlemen: Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Regional Office North Caro ina Division of Coastal Management ,O. 60f 16b Pursuant to SAWCO80-N-000-0291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments nd/or recommendations would be appreciated on or befor Questions or comments may be addressed to Regulatory Branch, telephone (919) 34343 . Sincerely, L22-4' e�v' 46e�— Charles W. Hollis Chief, Regulatory Branch Enclosure APPLICATION 12, o-e' 6 FOR PERMIT TO EXCAVATE AND/OR FILL WATFR QUALITY CERTIFICATION EASEMENT IN DS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Adminlstr State of North Carolina Department of the Army (GS 146-12) epartment of Natural Resources and Community Development Corps of Engineers, Wilmington District r» A11 S 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-3291 x tylin or print and fill,fn all blanks. If information is not applicable, so indicate by placing N/A in blank. A.Name ALLEN TERRY WAYNR Last First Middle B. Address 108 WILLIAMS STREET Street, P. O. Box or Route GREENVILLE 14C 27858 756-6333 City or Town State Zip Code Phone Location of Prod Project: pose A. County Beaufort B. 1. City, town, community or landmark Bays ide Shores, Chocowi nits 2. Is proposed work within city limits? Yes —No ^ C. Crcek, river, sound or bay upon which project is located or nearest named body of water to project Chocowinitv Bav `-"n'w_,�_^ III. Description of Project A. 1. Maintenance of existing project 2. New work X _ IJ�C yID ItAAk — B. Purpose of excavation or fill 0 1. Access channel Icngth width 2. Ho.it basin length width depth _"�� depth - � �/'�`�,i-t • T% �.S U 3. Fill arcs length width depth 4. Other Bulkhead length 116.85r width9 rt depth 2 5 fr C. I. Bulkhead length Average distance waterward of IAaYfV (shoreline) 5 feet 2. fype of bulkhead construction (material) Treated Timber D. Lxcavated material (total for project) 1. Cubic yards None 2. Type of material E. fill material to be placed below MHW (sec also V I. A) 1. Cubic yards 150 2. Type of material Sand IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X B. Does the disposal area include any marshland, swamps or other wetland? Yes X_ No C. Disposal Area n/a 1. Location 2. Do you claim title to disposal area? n/a D. Fill material source if fill is to be trucked in Yes L. How will excavated material be entrapped and erosion controlled? n/a 1 . 1 N pc of equipment to be used n/a G. Will marshland be crossed in transporting equipment to project site? If yes, explain No V. Intended Use of Project Area (Describe) A. 1. Private_ 7C 2. Commercial 3. Housing Development or Industrial 4. Other Bulkhead anpra e. I. Lot size(s) 80.65' X 200.10' X 116.85' X 215,85, 2. Elevation of lot(s) above mean high water_— annrnri mm-pl it 41 3. Soil type and 4. Type of building facilities or structures _ SinP 1e fami 1 y rjt,7p ] 1 i n a 5. Sewage disposal and/or wastewater treatment A. Existing_ Sent is Planned . 8. Describe 6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes -IL -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)•_ AUAroximatplp 6" per ppar VII I. 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: 1 week X. In addition to the completed application forth, the following items must be provided: A. Attach a copy of the did (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 tarty out the project on his land- B. Attach an accurate work plat drawn to scale on 8'fi 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))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit commenrc in 2e....•1., n..ew �_�,.... Xl. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's 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 I0_ � to „ _ / Applicant's Signature Da F-ei Rev. 10178 SEE REVERSE SIDE FOR MAILING INSTRI irrrntie nh ✓, `a ✓ A v ••TC,T ` � s• � � JA�, O State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor & Thomas Rhodes, Secretary 5 January 1987 Mr. John R. Parker, Jr., Chief Major Permits Processing Section Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: The attached copy of an application submitted by: Terry Allen Applicant's Na David W. Owens Director Bayside Shores, Pamlico River Beaufort County Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major develop- ment permit... for a CAMA major development permit (only) ... has been reviewed by the Field Services Section and is being forwarded to you along with a Field Investigation Report for further application processing including circulation to State agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Section is X covered on the reverse side; attached; will be forwarded later. CSJ:ap:3566 o 'rely, Charles S. Jones, ief Field Services Section PO Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmanve Acnon Employer (A) lhis agency has no objection to the project as proposed. (8) This agency has no comment on the project as proposed. X (C) This agency approves of the project (or project concepL) and/or recommends these minor refinements for project management. (1) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. (2) The bulkhead must be aligned to avoid all wetland vegetation, and this alignment must be staked by a representative of the Division of Coastal Management or the Corps of Engineers. (D) This agency objects to the project and recommends permit denial based on a finding of: (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e)0 ) ... that there will be significant (e)(2) ... that there will be signifi- adverse effect of the proposed dred- cant adverse effect on the value ging and filling on the use and enjoyment of the property of of the water by the public; any riparian owners; (e)(3) ... that there will be significant adverse effect on public health, safety, and welfare; (1) (3) (4) (E) Attachment (e)(4) ... that there will be signifi- cant adverse effect on the con- servation of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; Inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7H (or other). Please site rule. Inconsistency with the local Land Use Plan (Please elaborate). Inconsistency with Rules, Guidelines or Standards of this agency or a finding that the project is in conflict with other authority or interest as stipulated below. Include memorandum or other documentation that support findings relating to D1-4 or provide general comments. 51gna ure Date OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Terry Allen 2. Location of project site Beaufort_ County; off of Whichards Beach Road, Bayside Shores, Pamlico River, photo # 12- - ; 72-597=F-18 3. Investigation type: Dredge S Fill' X' CANA X 4. Investigative procedure: (A) Dates of site visit 12-29-86 (B) Was applicant present`— 5. Processing procedure: Application received 12-17-86 Office Washington 6. Site description: (A) Local Land Use Plan Beaufort County Land classification from LUP Conservation Development constraints identified in LUP None . (B) AEC(s) involved: Ocean Hazard Estuarine shoreline Coastal wetlands 7�— Public trust waters Estuarine waters— Other - (C) Water dependent: Yes No X Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing Septic tank Planned None (E) Type of structures: Existing 'Deteriorated bulkhead. single family dwelling Planned New bulkhead (G) Estimated annual rate of erosion + Source DCM staff observation 7. Habitat description: (A) Vegetated wetlands: Spartina cynosuroides Typha spp. Juncus roemerianus Soartina patens (B) Non -vegetated wetlands: (C) Other: Open water AREA Dredged Filled Other + 810 sq.ft. + 450 sq.ft. (D) Total area disturbed: + 1260 sq.ft. 8. Project summary The applicant is proposing to construct a 116' long hnikhaad landward of an existing deteriorated bulkhead through a wetland area. Environmental settin The applicant owns an 80.65' by 200.10' by 116.85' by 215.85' lot on the Pamlico River at Bayside Shores in Beaufort County. Located on the lot is a single family dwelling and a deteriorated bulkhead. The bulkhead is broken in several locations which has resulted in an area + 35' by + 28' of open water landward of the bulkhead at the northern end. Also an area + 60' by + 20' of mixed marsh has been established landward of the bulkhead across the center of the property and at the southern end. The applicant purchased the property on 20 August 1986. The property has changed very little, if any, since the day of purchase. Very little erosion has occurred and the marsh area is essentially the same size. Project proposal The applicant is proposing to construct a 116' long bulkhead. The bulkhead will be + 18' beyond the NWL at the northern end.. At this location, the proposed bulkhead will connect to a corner of an adjacent bulkhead. The proposed bulkhead alignment will result in the bulkhead being placed through the mixed marsh area across the center of the property and at the southern end. The proposed alignment will result in the new bulkhead being connected to an adjacent bulkhead at the southern property line 17' from a corner. Environmental impact The project as proposed will result in + 450 sq.ft, of open water being filled landward of the existing bulkhead, and will result in + 810 sq.ft. of mixed marsh being filled landward of the existing bulkhead. David L. Gossett - Washington Office - 5 January 1987 Qyoeose�'VLL• �4L44N A- 3 9 GrouNd G(afk- �tKxh cY rJ � FLooaL ao yr Vim 1 1{Xy S{•riN9drs b Tk". Strf rM'trl Mr L- wm� �CJi 4XV r Pes} 8 �d Be{hem SulKlA oil A t)eku:L Scslle %v 47I� P� mL;co Rtvtr ELL �." w edL ♦ • • • � Irwah y 8c14w� r V v • • V' w Y V OLcI If w ' • A/ �4e • / Nepoced. •'I S. CL • • • • N 2 .M �o Per}y of Ttr� RLLW lof Tj s:desln ckocnwtw:{�, /�{G HoLLse PropoS`dl BwLk�,,�„� b ay 7& Rtce., 8. C o. r k� 0 0 K LeseNol IJ W L vor.tiq� 20 I 0 �Lc iN etc{ M-- _ M. B. 19, Pg. 67 ---- aulkh Old 9' ASPHALT DRIVE 'g' Revised 9-5-86: Show distances. O New iron pipe A Existing iron pipe lf- 4 Split rail fence l' off R_ 40' 0 SCALE 9o, 80, SURVEY FOR - Terry Wayne Allen and wife Deborah J. Allen BAYSIDE SHORES SUBDIVISION 4, LOT 57 MAP BOOK 19, PAGE 87 PA M LIcO RIVER S OS° eur�nead 59„ 2 W aiEor116, 135, 1, Norwond Marlin Mayo, certify that this map was prepared frnm an arduel s!urcy hY mn '1110:1. trim and a-:curale to the best of uryla¢:ale•:;te ! L. f. the man ems prepared in zcartl!nnce 4liih r; ; ;:.30 as anumded. Witness my I:aad and seal 111i3 the _l_ day of --�5 Negisloietl q r No. L•1546 `se, 4i , �: �EGISif ,fA SE,11_ - =- :"9�00o SUR`Ify��Q DATE 6-20-86 AIAYO AND SCALE 1 - 40'COUNTY* d'1 SJ li _ Deaufort, NC TW_B Choc_owinity, NC 633-6332 Nei. Dera N c DRAWN BY: AMM 946. 3469 wasninglan. N c FILE NO. S - 4 - 65