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HomeMy WebLinkAbout200-87 Atlantic Development Corp.Permit Class 3 Permit Number New STATE OF NORTH CAROLINA P00-87 Department of Natural Reso " nd,Community Development Ht t CF. Coa eS614rces ssion 3., K=U5 1987 . Q . W OMal.9, 1 nt9in� onmental aExcavatiort'ap`djtir" to NCGS 113-229 Issuedto Atlantic Development Corporation, c/o W. E. Miller, P.O.Box 457, Aurora, NC 27806 authorizing development in Beaufort County at South Creek, off SR 1004 near Richland Township as requested in the permittee's application dated 7117187 including attached plats, sheets 1-2 of 2, dated 7/20/87. This permit, issued on I4?ZZ_ / 87 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 pemtittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) In order to protect juvenile shrimp and fin fish populations, no excavation or filling will be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management. (2) This bulkhead will be positioned in strict accordance with permit plans. (3) All excavated materials will be confined landward of the normal water ele- vation contour or landward of the permitted bulkhead. (4) Vegetated wetlands will not be excavated or filled. (5) Excavation will not exceed 4 feet below the elevation of normal water. (6) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (7) The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within thirty (30) days of project completion. This permit action may be appealed by the pennittee 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. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Atlantic Development Corporation Permit #200-87 Page 2 of 2' ADDITIONAL CONDITIONS (8) 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. -(9) 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 it transferred to a third -party. 'NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. a z aDAUG 1 � 4 1987 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 S. Thomas Rhodes, Secretary 12 August 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: Atlantic Development Corporation Applicant's Name Hickory Point South Creek Beaufort County Location of Project County David W. Owens Director _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. erel , TerjKy E. Moore, District Manager Washington Regional Office CSJ:ap:3566 P.O. Box 27687, llakwh, North GmNna 27611.7687 Tcic lwm 919-733-2293 An Equal Opportwib Affirmatne Action Emplom X (A) This agency has no objection to the project as proposed. (NO CONDITIONS) (B) This agency has no comment on the project as proposed. (C) This agency approves of the project (or project concept) and/or recommends these minor refinements for project management. (D) This agency finding of: objects to the project and recommends permit denial based on a (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e)(1) ... that there will oe 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; ary riparian owners; (e)(3) ... that there will be significant (e)(4) ... that there will be signifi- adverse effect on public health, cant adverse effect on the con - safety, and welfare; servation of public and private wafer supplies; (e)(5) that there will oe significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (1) Inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7H (or other). Please site rule. (3) Inconsistency with the local Land Use Plan (Please elaborate). (4) 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. (E) Attachment. Include memorandum or other documentation that support findings relating to DI-4 or provide general comments. $ighd�ure ---- a"(A- b-1 OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Atlantic Development Corporation 2. Location of project site Beaufort County, off of SR 1004, Hickory Point, South Creek photo # 12-19-84 - 70-99�H 3. Investigation type: Dredge 6 Fill X CAMA X 4. Investigative procedure: (A) Dates of site visit 7-31-87 (B) Was applicant present No 5. Processing procedure: Application received 7-28-87 Office Washington 6. Site description: (A) Local Land Use Plan Baaufort County Land classification from LUP Conservation Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline Coastal wetlands Public trust waters Estuarine waters X Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing N/A Planned N/A (F) Type of structures: Existing Bulkhead, pier Planned Breakwater, bulkhead (G) Estimated annual rate of erosion + 5' — Source DCM staff observation 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other None N/A N/A (B) Non -vegetated wetlands: (C) Other: Open water area + 8,400 sq.ft. + 375 sq.ft. e + 8,400 sq.ft. + 375 sq.ft. (D) Total area disturbed: — — Project summary The applicant is proposing to maintain by excavation an existing boat basin and access channel and construct a breakwater and bulkhead. Environmental setting Atlantic Development Corporation is the developer of a subdivision of single family residences adjacent to South Creek on Hickory Point in Beaufort County. When the area was developed, a 1.5 acre tract of land was established as a common area for the entire subdivision. Located on the common area is an existing + 70' by + 60' boat basin which is connected to South Creek by a + 140' long by + 30' wide access channel which has a depth of + 3' at normal water level. The boat basin has a similar depth. Located within the basin is a series of piers, and a portion of the basin is bulkheaded. Located along the eastern side of the access canal is a section of partially completed bulkhead landward of which erosion is occurring. No wetland vegetation is present at the project site. Project proposal The applicant is proposing the following: (1) Maintain by excavation the boat basin and access channel to a depth of -4' at normal water level. (2) Complete the section of partially constructed bulkhead. The new section of bulkhead will have a length of 75' and will average 5' beyond the normal water level. (3) Construct a 160' long breakwater on the west side of the access channel. It is hoped that this structure will help keep the channel from filling with sand. Environmental impact The project as proposed should have a minimal environmental impact. No wetland vegetation will be excavated or filled. David L. Gossett - Washington Office - 12 August 1987 Le�x�r you NOR =aje 10 Qa`dQa'� vo��oaS �4ay 0 �� "et" NA, 02sert- o IN �a�e oe 00 0110N oe gy o ��0�� p'o 9L a A8 eCl 10 � 66a` o d 0l � �a"%o a J`�a `49N S aya `y`Io[t` SdojOc? ti"��o ,J�y o. cS�a�er,` lQaje� 5�� 4V`tk e`� 1 0`I''ONj�V �,`' c a`dQa�O u btiti� `.S Q; OD j0d�e�eV, �y�e '0ayas� l IONN l �a"oo aA� oaya�,�ba' aA� 90 �0��ON 0 0 �131�3 1� ys �o O Please type or print. Carefully describe all an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1.4 and 8.9 must be completed for all projects. H N Ni �77L ANY/G � Etl��a /h ENi� OR a. Name W E . M i t_LER Address -Rn, Pxsx A57 City AA i i sn2A State W102. Zip ?-MM- IDay phone '57.74'2 6q _ V Landowner or Authorized agent b. Project name (if any) Sa AA A d. Describe the planned use of the project. � 1 I -Finch-- a. Size of- entire tract /Y2 Ame b. Size of individual lot(s) K3/A c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 4_ 9S f /n d. Soil type(s) and texture(s) of tract i— c)'°^— e. Vegetation on tract C�pA_= tic/m�Yt� c. If the applicant is not the landowner, also give f. Man-made features now on tract BuLA_,.44e&D the owner's name and address. g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) Conservation Transitional Developed Community CA`I�ON'01 FTIMSF,D,%� ��� Rural Other �IZfl�I�'� K7r�r h. How is the tract zoned by local government? atf �y �, try ;z.. r�"�?� t�ri'�� -i s�.`'.sta•, x'.i%ta�^�,' �1hA�� i. How are adjacent waters classified? a. Street address or secondary road number tm } j• Has a professional archaeological survey been QFF S.R. b. City,own community, or landmark carried out for the tract. hlc� tIf so, by whom? 1z104-1L_atin Towuct-r1'C� c. County. -L::iE:A U V nt7 s d. Is proposed work within city limits or planning ?°rEVI%Ii jurisdiction? �,In e. Name of body of water nearest project Complete this section if the project includes any to CQEEK upland development. 9= rya r a. Type and number of buildings, facilities, or MI, 10,�� i� x structures proposed t�N ZA b. Number of lots or parcels a. Describe all development activities you propose c. Density (Give the number of res(enial units (for example, building a home, motel, marina, and the units per acre.) bulkhead, or pier). O .STzt+ T F3t a '� Ga'r r, owe �pT. d. Size of area to be graded or disturbed &'�'c7 C'-'�'�'Fl- e. If the proposed project will disturb more than .tab Rj -211 -' _X� 3EC-Val K11 IA' h = 'DeF"t• one acre of land, the Division of Land If you plan to build a marina, also complete Resources must receive an erosion and sedimen- and attach Form DCM-MP-2. tation control plan at least 30 days before land b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a isting project, new work, or both? t�tN sedimentation and erosion control plan been % submitted to the Division of Iand Resources? c. Will the project be for community, private, or I \ J commercial use? f. Give the percentage of the tract within 75 feet of mean high water to be covered by im- Co/nmur✓/7- / permeable surfaces, such as pavement, buildings, or rooftops. M g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. `-ISA h. If applicable, has a stormwater management plan been submitted to the Division of En- vironmental Management? i. Describe proposed sewage disposal d/or waste water treatment facilities. j. Have these facilities received state or local approval? k. Describe existing treatmen facilities. ZA 1. Describe location and type of discharges to waters of the state (for examplersurface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). m. Water supply source IJ�la n. If the project is oceanfront deioelopment, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. 1J Ahr o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? K.-)lA- XCAVATION INFORMATION; a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other reak- water pier, boat ramp, rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth MMM i b. Amount of material to be excavated from below water level in cubic yardp 30C� c. Type of material _,4Aiun # M r:) d. Does the area to be excavated include marsh- land, swamps, or other wetlands? k)O e. High ground excavation, in cubic yards _K30 e f. Dimensions of spoil disposal area I9n J X g. Location of spoil disposal area Bk c� L i h. Do you claim title to the disposal area? 7— if not, attach a letter granting permission from the owner. i. Will a disposal area be available for future main tenance?I UcS If so, where? S4r IF A-v-s Aa.%/r j. Does the disposal area include any marshland, swamplland; or water areas? ► Nr_N. k. Will the fill material be placed below mean high water? SMa„ t�izr r,l BOB kjn 1�4FD 1. Amount of fill in cubic yards 10 m. Type of fill material gA,iN n. Source of fill material `Nrac� t2c-j—, SFn%L. o. Will fill material be placed on marsh or other wetlands? M p. Dimensions of the wetland to be filled L / q. How will excavated or fill material be kep( on site and erosion controlled? 51LT r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? 1>1-�-an4 , KI s. Will wetlands be crossed in transporting equip- ment to the project site?-Q If yes, explain the steps that will be taken to lessen en- vironmental impacts. N /A J a. Length of bulkhead or riprap 25 I b. Average distance waterward of mean high water or normal water level S c. Shoreline erosion during preceding 12 months, in feet 11��► �E d. Type of bulkhead material \Afmb e. Amount of fill, in cubic yards, to be placed below mean high water 1[-� f. Type of fill material = %__ UT'PEP_ t_A�te MAIN MGM; rtt In addition to the completed application form, the following 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 for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion 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 8 1h x 11 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 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel 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. fi-A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name 7ExFlS GLLLf- Cs1E/r71c.91.5 Address fiVAOX. 9 . AI C! - o? 790 E Name W £ F7#e,4 A. �JiILLB Address 4-igos4. tJ. C. _? 7Pa 4 Address ✓A list of previous state or federal permits issued for work on the project tract. Include permit n Ltperm e,/ard issyittg©ates. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMW SION 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 condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted 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 ap- plication and follow-up monitoring of project. This is t e 1� day of� 19W^A^ , ^ Landowner or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. SAGE PoINT PROPOSED WOODEN BULKHEAD L 5 ABOVE SEA LEVEL NGVD B NOTES ,,oSOUNDINGS IN FEET BELOW SEA LEVEL NGVD oWATER LEVEL AT T/M£ OF SURVEY 0.23 , NGVD oDOCKS AND SUL KNEADS ARE A 3.4 ' ABOVE SEA LEVEL NGVD SCALE /" = 40' R. 1004 e SOUTH CREEK I7 [� o 1//// 1 0 0 / 33 / 4.0 U� / Z / J.4 /(6� 4.6, / / I I DRELVE TO 4 0' I I /s'• I I I I I L I I BY A. HUGH HARRIS, ✓R. Profession/ Engineer R.L.S. ORIENTAL, N. C. SHEET / of,? ✓ULY 20, I987 PAMLICO RIVER HICKORY R7INT VICINITY MAP SCAL E / = 2000' EXISTING WOODEN BULKHEAD ANO PIERS PIL INGS EXISTING 6s 6 PILINGS PROPOSED BULKHEAD USING EXISTING P.'LITJGS WHERE POSSIBLE BACKFILL USING SPOIL FROM DREDGING B SPOIL AREA I I I 3 I CHANNEL 4 A SITE PLAN FOR ATLANTIC DEVELOPMENT CORP. W.E. MILLER, PRES. AURORA N. C. RICHLAND TOWNSHIP BEAUFORT CO. .•'••'��1N CAR<i Ess -a -A SEAL " 6532 , =� SECT/ON A -A %. HA NEW BLKHO. A •W`•',,`` SEA LEVEL - NGVO ExiWin Bohan _ _ XN DREDGED DEPTH 4 fJ. XX X 30' CHANNEL Existing Rork SECTION H-B Noluro/ GraJy NEW SLRHO.-•7%��/ BLKHD. _ _ _ _ _ _ _ _ _ Exisli Bo//om _ _ _ DREDGED DEPTH 4 f/. <Existing P//inq N 30'CHANNEL BULKHEAD DETAILS 2x8 STRINGERS DOUBLE /"LAP ✓O/NTPLANK/NG 4x6 PILINGS z II I I - DOUBLE I"PLANK/NG Exisling 6x6 Piling 2x B STRINGERS , 4x6 PILING oroo 4x6 TIE BACK filled riJA 4x6 PIL ING sealer / T/E BACK SCALE: 3/8"= AMF. REINFORCING DETAILS MAY BE SUPPLIED BY BUILDER SCALE' /"= /O'(excV where noted) BY A. HUGH HARRIS, ✓R. A SECT/ON PLAN FOR Professiopo/ Enpheer R.L,S. ATLANTIC DEI/ELOPwNT CORP. ORIENTAL, N.C. iY.E. MILLER, PRES. AURORA N. C. SHEET 2 of-2 DULY 20, 1987 1 RICHLAND TOWNSHIP BEAUFORr CO. DEPARTMENT OF THE ARMY 9,,,I WILMINGTON DISTRICT, CORPS OF ENGINEERS yJ P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 17, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-028-0368 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: Reference the application of Atlantic Coast Investments, represented by Mr. Neil Blinken, for a Department of the Army permit to construct and backfill a bulkhead on Croatan Sound, Wanchese, Dare 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. The bulkhead alignment will not have an average waterward alignment of more than 5 feet from the normal water elevation contour. b. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. c. Vegetated wetlands will not be filled. d. 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. -2- e. 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 Ms. Alison Arnold, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: 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 J 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 Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. George Wood Elizabeth City Regional Office North Carolina Division of Coastal Management 108 South Water Street Elizabeth City, North Carolina 27909