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HomeMy WebLinkAbout125-79 Atlantic Development Corp.Permit Number 125-79 State of North Carolina Coastal Resources Commission Vermit FOR MAJOR DEVELOPMENT IN AN AREA OF ENVIRONMENTAL (Re: N.C.G.S.113A-11B) Issued to Atlantic Development This permit authorizes development in_ at South Creek (North sid application dated 8/18/79; Incl. subject to the conditions set forth below. ;ion of P. O. Box 457, Aurora, NC 2) 1 rec. DgEOcX� E G` .County, N. C., the permittee's (1) That all backfill material be obtained from a highland source and con- fined behind the permitted bulkhead. (2) That no excavated or fill material be placed at any time in any marsh or waters of the state; outside of the alignment of the fill area in- dicated on the plat. NOTE: A 401 Water Quality Certification is required for this project. Such action to process the certification has been initiated. NOTE: In issuing this permit, the Department of Natural Resources and Community Development agrees that your project is consistent with the approved N. C. Coastal Management Program. IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART or IRE Arr► CA11UN (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRECISELY, THE PERMI7TEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G.S. 113-126. This permit must be displayed along with a copy of the project plat in the cab (or pilothouse) A the equipment working on the project, or be easily accessible, on site, to Department personnel when the project is inspected. Any maintenance work or project modification requires further Departmental approval. All work must cease when 'he permit expires, unless the permit is renewed. Permit expires on December 31, 1982 Issuing date October 2, 1979 Signed by the authority of the Chairman of the Coastal Resources Commission. Kenneth D. Stewart, Director Office of Coastal Management Signature of Applicant State of North C:•tnlina Department of Natural Resources and Community Development A FEDERAL PERMIT IS_RE&REU PERMIT CONTACT U. S. ARMY CORPS OF 125-79 ENGINEERS, P. 0. BOX 1890 TO EXCAVATE AND/OR FILL Permit No._ WILMINGTON, N. C. 28401 (Re: N.C. G.S. 113-229) Permit Class Issued to: Atlantic Development Corporation New P. 0. Box 457, Aurora, NC 27806 This permit authorizes excavation and/or filling in ___Beaufort _ County, N.C. at South Creek (North side) as requested in the permittee's application dated 8/18/79; Incl. attached plats, sheets 1-3 of 3 dated rec. 8/24yu�jectto the conditions set forth below. (1) That all backfill material be obtained from a highland source and con- fined behind the permitted bulkhead. 1 -3 (2) That no excavated or fill material be placed at any time in any marsh' or waters of the state; outside of the alignment of the fill area in-1 dicated on the plat. 7>U1 NOTE: A 401 Water Quality Certification is required for this project. Suchaction to process the certification has been initiated. I U I C rT7 I c o 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 PRE- CISELY, THE PERMI7TEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVID- ED IN G.S. 113-229 (K) AND ( L ). This permit may le 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. This permit must be displayed along with a copy oIthe application and the project plat in the cab (or pilot- house) of the equipment working on the project, or he easily accessible, on site, to Department personnel when the project is inspected. Any maintenance work or project modification requires further Departmental approval. Subject to permit renewal, all work must cease when the permit terminates. This permit terminates on -- December 31, 1981 Issuing Date: October 2, 1979 Form D&F-g Revised 7177 Signed by the authority of the Secretary Nell S. Grigg Assistant Secretary for Resource Management 4bi North Carolina Department of Natural Or Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary 27 August 1979 Mr. Doug Nelson Estuarine Management Section Box 768 Morehead City, NC 28557 Dear Mr. Nelson: The attached copy of Atlantic Development lication submitted by: r RECE,�� B AUG 28 197y DIV. AGRFla . n plicant's Name ckory Point Beaufort County cation of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CANA major development permit... for a CAMA major development permit (only) ... ... 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 it to me not later than 10 September 1979 Sincerely, Joan R. Parker, Jr. Permit Coordinator PKP:sp:321 Post Office Box 27687 Raleigh, North Carolina 27611 Telephone 919 733-4984 An Equal Opportunity Affirmative Action Employer X (A) This agency interposes no objection to the proposed work. (B) Dredge and/or Fill. 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) CAMA Major Development. This agency objects to the project as proposed. The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. That all backfill material be obtained from a highland source and confined behind the permitted bulkhead. 2. That no excavated 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 (E) Comments are submitted that do not drectly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal agencies). signed Field Services Section, OCM P.O. Box 769 Morehead City, NC 28557 27 August 1979 Memorandum To: John Parker From: David L. Gossett Subject: Application for State Permit Atlantic Development Corporation 8/18/79 Location - Northside of South Creek 0.3 miles upstream of Hickory Point, Beaufort County. Investigative process - Met applicant onsite 8/3/79; application received Washington Office 8/24/79; application posted at site 8/25/79. Environmental setting - The applicant owns a housing development on Hickory Point. The area has been previously subdivided, with the lots averaging + 7,500 sq.ft. in area. The majority of the lots have dwellings located on them with individual septic tanks and drain fields. Located within the subdivision is a + 100' long by + 40' wide -4' deep pond, and a + 300' long by + 40' wide by -4' deep boating access channel. No wetland vegetation is located in the vicinity of the pond; however, there is a narrow fringe of Spartina patens and Spartina cynosuroides located adjacent to the access channel. The wetland fringe is fairly sparse, and an animal feed lot and considerable debris are located in the area. Project proposal - The applicant is proposing to perform excavation in both the pond area and the access channel area. Being proposed in the pond is the connection of the existing pond to South Creek. The excavation will be + 100' long by + 40' wide by -4' NWL. The mouth of the pond will be stabilized by two wooden jetties; one 75' long, the other 50' long. All excavated material will be placed on adjacent highground. In the access channel area, the applicant wishes to maintain the mouth of the channel. The excavation will be + 50' long by + 40' wide by -4' NWL. All excavated material will belocated adjacent to the channel in the area of the animal feed lot. A sparse fringe of marsh will be filled. Also being proposed is a + 200' long wooden bulkhead along the west side of the channel and + 100' of riprap material connecting to the wooden bulkhead also to be placed along the western side of the channel. A + 50' long riprap jetty will extend into South Creek, also on the western side of the channel. Environmental impact - The proposed project should have a minimal impact upon the environment. No wetland vegetation will be excavated at either site and none will be filled in the vicinity of the pond. There will be a sparse area of wetland vegetation, dominated by Spartina cynosuroides, filled adjacent to the access channel; however, the area is within an animal feed lot and no significant amount of detrital material will be lost as a result of the filling. CAMA review - The area in which this project is located has been classified on the Beaufort County Land Classification Map as being secondary transition. The project has been reviewed in regard to the goals and objectives of the Beaufort County Land Use Plan, and has been found to be consistent with the provisions of that document. David L. Gossett APPLILATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, W Ilmington District (GS 113-229, 143-215.3(a)(1), 143.215.3(c), 113A•118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. I. Applicant Information A. Name B. Address Pt, 6b First Middle AM W n rPr-rcet, P. O. Box or Route 77AO� City or Town State Zip Code IL Location of Pro sed Project:_ A. Court y A'r,'1 ,/ r B. 1. City, town, community or landmark ISLE Ilia E �+ t4'_ / i7%l ( 2. Is proposed work within city limits? Yes —No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Phone E7> ✓iILLt�� III. Description of Project A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill \\ '',,, 1. Access channel(MAIMTE'NA'wis length�_width� ��depth —4 u W L 2. Boat basin W length width depth 3. Fill area ' 43 A5 length Wif5width J10(efSdepth 4. Other NEW V length_width " depth C. 1. Bulkhead length SCO / Average distance waterward of MHW (shoreline) 7—r 1/iAwef ✓1'1(.t SV1 2. Type of bulkhead construction (material) i.L 1(% L� Zi i'?r_ /ZC(1�%NdOUE 1020 D. Excavated material (total for project) I �s 1. Cubic yards �S =7'y" L 2. Type of material j 0AAV E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards b 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any ym�arshland,vsswwaamps or other wetland? Yes\ No �— G Disposal Area 44i + fi Cam(-tI&i 1� � iAoq J 1. Location 0 2, Do you claim title to disposal area? ro D. Fill material source if fill is to be trucked in IA E. How will excavated material be entrapped and erosion controlled? TZ111 RTAWly 5%L7— AFC F. Type or equipment to be used L.7LH(n L f N E_ G. Will marshland be crossed in transporting equipment to project site? If yes, explain pv_qj�-rr INUeLu't5 Z WOOD Zyume5 BE N�) 4-7- Slid R WH1044 IS NNE��L15 U_ 'Ci.�i'IJA'r'1M 11W_1� I ZDCG s}t07 af3eort �f UAedk—g- Re F-01 Jzt.l ►3OLt Jty r L 7� li (n1 A� S/ ',7rs l s: f'I%Cii"f l S Rev. 81 / -� Yy1A)137%AIJ �cX�iiLi����1V (��F I l -_ (" W4GI,S Z V. Intended the of Project Area (Describe) A. 1. Private r 2. Commercial ) f 3. Housing Development or Industrial 4. Other — r+ Nr� nt•���rnJv—f r_�r-v .� B. I. Lot sizes) 1 It _SDf7 CSOW e& 2. Elevation of lotrs) above mean high water 3. Soil type and texture 4. Type of building facilities or structures S. Sewage disposal and/or waste water treatment A. Existing Planned _ B. Describe WDEVIf7L4At —L?t KI iTJ7J(=S tJ17"Ff i71? NAi r-ICI pS 6. Land Classification (circle one) DEVELOPED TRANSITIOMMUNITY RURAL CONSERVATION OTHER ' � � L (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: n A. Does the proposed project involve the placement of rill materials below mean high water? Yes_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 2. Type of discharge 3. Location of disch VII. Present rate of shoreline erosion (if known): _ Vlll. List permit numbers and issue dates of previous work in project area, if applicable: IX. Length of time required to complete project: Army Corps of Engineers or State permits for X In addition to the completed application form, the following items must be provided: A. Attach 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. B. Attach an accurate work plat drawn to scale on 8% 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. O. h r., nort hwr 4n dove in which to uthmit cnmments to aeencies listed helow. XI. Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinals 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 I c e DATE Applicant's Signature D&F482 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10/7a P��� c ► t o T�IL)cl�, - -- --- ftroOtt f:bNJT- sz MIZANTIC -��i�ZGP1�1C='►J' -sue Mllk'j PINVA-1^70-l`At�Jr- 70 St AV-' i UZED 16LI 2 t JCv7 f TI�� 14W LWe N7� sum pEeet lw Ncw =fit liL �bC hCVe(-- E- `tUC# pb tw)( 24 L lut 27r�cO m - lao 40o N. viiciiiceiAcck. 6, �--ZN iI L L N 0OsS. C-jf�S WtLUPp-n C,+41uSbMlc,7P Wl + Z '14� &er u,}-At �ALt IbrH �C. Z7(ok- 1 OF :,.? (U' Jr lnWWWID-J,AQtC CP(6WM`l Chi t P YllCtit 14 b�r cx,5r jt uijA�, _C� K&A-P, 1' 10(A-I-f+ -- d1'►bUTH Z OE tic l 'lb ►3c so' u'ue, pczoll�-- 14� �xtj C�C1S�1►,t�,-�u� -4 Bpc,— N�� LFoss-SEnm ol: 14GO cxow,"r, 40 whoc ,400 (; 461C tp-evs C-MUNti 04kAC 4 Q1 5n uy ZMT r-. ;3crfClv-� n e, sS-c5C Rc ��- �cA-,,lipr:n n,j - �- I ZS OA16/0, Y,qiE�DS Z c� 4 ��6� 0 s ME t7��Uc .. (� it I � 3 A" NCW GXeAVA-J)Cu KVX40X -q TO UMMO- t Z W oU-o"l i i tt3 1-S " I 1t,� VV E SC-ACN S/D CLUuE'D at 477-4N-17C � 6' CLPM F-AJT t—o of E7 Pq(cj Zo OcAo 1— CXdAVA-,)CN $GXQGX�q ' 2co`Pev wct;Dew succ; � lac, .0,4`W rNer-lP Raft, ��N�rL 5C 3 ' NMFS SERO FIELD INVESTIGATION REPORT I. Investigation Type: Section 10 X 404 X A. Public Notice No.MWC079-N-007-000330 Da-e 9/6/79 Agency Corps of Engineers Date Received 9/7/79 Extension To B. Pre Application Activity Date Agency C. Post Application Activity Dat II. Applicant's Name 6 Atlantic Development 59 , P.O. Box 457 Aurora N.C. 27806, c/o Mr. W.E. Mi a enf. III. Water Body h Location or Work (City, County, State): South Creek near Hickory Point, Beaufort County, N.C. IV. Purpose of Work (Describe, e.g., water control, hurricane protection, etc.): Improve boating access facilities within the development A. Water Dependent: X Yes B. Intended Use: Public No X Private Both Both V. Description of Project (Append schematic of plans): Work to be conducted in two areas, Area A - Maintenance excavation 50' of existing 40' wide canal 4' deep, 200' of wooden bulkhead, 100' rock riprap,,both at NWLand 50' riprap at mouth of -- - - (OVER) A. Fill or Spoil Area: Area A - Irregular shaped 1. Dimensions: Area B - Irregular shaped 2. Total.Area:(SEE ATTACHED) (Wetland) (Non-Wet1anc) a. Area vegetated Wetlands: (Sub me rgen t) (Emergent) (SEE ATTACHED) b. Area non -vegetated wetlands: (Submergent) (Emergent) V. canal; Area B - Excavation of area 100' long, 50' wide, 4' deep connecting existing pond to South Creek, two wooden jetties one 50', the other 75' into South Creek 2 B. C. 3. 'Sethpd(s) to retaia materials; Not addressed in public notice 4. NLethod(s) to prevent erosion: Not addressed in public notice 5. Intended use of fill area: Lawn Dredge or Borrow Area: 1. Dimensions (Length, width, 2. Total Area: Area A- depth): Area B - (Wetland) (SEE 50x 40x 4 100 x 50 x 4 ATTACHED) (Non -wetland) a. Area Vege-tated wetlands: Area A - None (Submergent) (Emergent) Area B - None 3. Quantity of materials to be excavated Area A+B + 525 (cu yds ) Polluted: Yes No x UnknC:-n Pollutants (Apparent Source) 4. Kinds of materials to be excavated (e.g. silt): Sand & clay 5. Intended use of excavated area: Access channel 6. Y.ethods of excavation: Dragline 7. Will borrow area be backfilled: Yes X No If yes, with what type material and where will it be obtained? Description of ,property adjacent to project site and in area of project influence (e.g., residential, industrial, etc., and extent of development): Adjacent property is subdivided into lots many of which have present single family dwellings g -- D. Project Operation (if applicable): Vi. Habitat Description of Project Site and/or Area of Project Influence (Append :Sap and Annotated Photos): Area I A. Vegetated Wetlands Dredeed Filled Other2 1. Predominant Emergent Species Spartina cynosuroides' None Sparse fringe in vicinity of Area A (SEE NOTE BELOW) 2. Predominant Submerged Species B. Non —Vegetated Wetlands NOTE: Area to be filled is presently being used as animal feed lot and much of vegetation is either covered by debris or has been destroyed by other means 1/ Source of data (i.e., planime ter, estimate, etc.) 2/ Define (e.g. vegetation to be affected by impoundment or dater level manipulation) C. Fish and shellfish resources (list predominant species and identify their primary use of area, e.g., designation of primary nursery by a state): The area has not been classified as a primary nursery area Source of i^_°ormation (i.e., personal observation, literature, etc.): N.C. Division of Marine Fisheries— Washington Office D. Endangered, protected or threatened marine mammal, turtle, or fish species (list species source of information and note use of habitat as to H—migration, F—feeding, S—spawning/breeding): None E. Biological significance of area (describe briefly the importance or relationship of proposed work area to fishery resources in area. of project influence, e.g., source of detritus, etc.): The project as proposed should have a minimal impact on marine fisheries resources III. Potential direct and indirect effect, of environmental alteration on fishery resources and/or their use (Brief Summary): 0 1 r VIII. ?roject alt?rnatives that could prevent or reduce impact on fishery r esour c es: A. Held in abeyance (summarize reasons, e.g., not enough infor=ation in Pub lic Notice or pending BIS): B. 2-bdifications 1. Design (summarize, e.g., reduced length,width, depth; select different spoil disposal sites, etc.): 2. Operation (summarize, e.g., maximize tidal flushing, cater levels, monitoring, etc.): 3. Location (e.g.,.alternative site): TX. Other Comments (i.e., project vas discussed with applicant, etc.): State permits are presently being processed X. Field Reconnaissance Data: A. Investigator(s) Name Agency David Gossett Office of Coastal Management B. Date of. Investigation 8/3/79 time A.M. 0 Attachment V.A.2. Total Area - Wetland Area A - (1) Small sparse fringe of marsh adjacent to canal will be filled. Sq. footage inestimable (2) Riprap jetty - + 50' x + 10' - + 500 sq.ft. of open water Non Wetland Area A - None Area B - Small area of adjacent highground to be filled. Sq. footage inestimable V.A.2.a. Emergent 4 Area A - Adjacent sparse fringe dominated by Spartina cynosuroides Area B - None V.B.2. Wetland Area A - + 2000 sq.ft. Area B - + 2000 sq.ft. Non Wetland Area A - None Area B - + 2000 sq.ft. " d o 9 'S -.�. z q DEPARTMENT OF THE ARMY SEP 7 1979 Wilmington District, Corps of Engineers P. 0. Box 1890 DIV. MAR. FISIi. Wilmington, North Carolina 28402 DREDGE tember L fA� r SAWC079-N-007-000330 6 September PUBLIC NOTICE LANTIC DEVELOPMENT PO Box 457, Aurora, North Carolina 27806 has applied for a Department o "'EfF7Mr -- pe THE MOUTH OF AN E%ISTING BOATING ACCESS CANAL, STABILIZE THE CANAL WITH A WOODEN �P, CONSTRUCT 3 JETTIES AND REMOVE AN EARTHEN PLUG SEPARATING A POND FROM SOUTH CREEK NEAR HICKORY POINT Beaufort County, North Carolina. The following description of the proposed work is taken from data submitted by the applicant. Plans submitted with the application show maintenance excavation along 50 feet of an existing 40-foot wide canal to a depth of 4 feet, normal water level (NWL). The interior of this canal is to be stabilized by approximately 200 feet of wooden bulkhead and 100 feet of rock and broken concrete riprap aligned along the NWL. The mouth of this canal is to be stablized by a riprap jetty extending 50 feet beyond the NWL. A portion of this structure was constructed sometime ago. An area approximately 100 feet long and 50 feet wide is to be excavated to a depth of 4 feet below NWL to connect an existing pond to South Creek. This connection is to be stabilized by 2 wooden jetties, one extending 50 feet beyond the NWL and one extending 75 feet. Both maintenance and new excavation is to be accomplished by dragline with a total of approxi- mately 525 cubic yards of sand and clay to be moved. All excavated material is to be placed and retained on adjoining high ground. The purpose of this work is to improve boating access facilities within the development. A preliminary review of the Beaufort County land use maps indicate this area is designated secondary transition. Plans showing the proposed work are included with this public notice. The applicant has determined that this proposal is consistent with the NC Coastal Zone Management Plan and has submitted this determination to the NC Office of Coastal Management for their review and concurrence. The proposal shall also be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the NC Division of Environmental Management. b. The issuance of a Permit to Dredge and/or Fill under NC General Statute 113-229 by the NC Division of Marine Fisheries. c. The issuance of a permit under the NC Coastal Area Management Act (CAMA) by the NC Office of Coastal Management or their delegates. d. The 'issuance of an easement to fill or otherwise occupy State-owned submerged land under NC General Statute 143-341(4), 146-6, 146-11, and 146-12 by the NC Department of Administration and the NC Council of State. The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency with a copy furnished to the Corps of Engineers. Approval of this permit will give Federal authorization for maintenance dredging for a period not to exceed 10 years from the date of permit issuance. Applicant will be required to present plans for maintenance to the District Engineer a minimum of 2 weeks prior to commencement of work. All maintenance would be performed in accordance with Federal, State and local permits and regulations governing such activities at the time the maintenance is undertaken. The District Engineer has made a preliminary determination that an Environmental Impact Statement under Section 102(2)(c) of the National Environmental Policy Act of 1969 is not required. This determination will be reviewed considering facts submitted in response to this public notice. This application is being considered pursuant to Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403) and Section 404(b)of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not included as registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently unknown archaeological, scientific, prehistorical, or historical data may be lost or destroyed by work to be accomplished under the requested permit. The District Engineer has determined_ based on a•review of, data furnished by the applicant and onsite observations, that the proposed activity wi l knot. affect species, or their.critieal habitat, designated as' endangered or threatened pursuant: to the Endangered.:Species Act. of 1973. The decision whether to issue,a permit,wil l ibe, based upon, evaluation, of. -the probable^impacV01" the proposed activity on the public interest, and,will,iuclude. ipplication'of the guidelines promulgated by;the Administrator; Environmental Protection Agency, under authority_of Section'404(b) of, the Clean Water Act.' That decision. will' reflect, the national concern for both protection and utilization of important resources: 'The benefit which reasonably may be expected to accrue from the proposal must be balanced against, its reasonably foreseeable detriments. All factors'which may be relevant to the proposal will -be considered; among those are conservation, economics, esthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention,land use, navigation, recreation, water supply, water, quality, energy needs, safety, foodproduction, and,ingeneral, the needs'and':welfare•of the people. No permit will be granted unless its issuance is found to be in the public interest. " Written comments pertinent to the proposed work, as outlined' above, will be received in this office, ATTN: Mr. Steve Brown or telephone (919) 343-4632 until,'4:45 p.m., 9 October. 1979. C'iL- A. A. KOPCSAK' LTC, Corps of,Engineers• �.� Deputy. District Engineer d p"Icla.0 �ru 5rT-E dAy-, D,.�1 px-t>s ti O(NV -►-7 r�J 100' x 4D' X — 4 NW L— `TO S � �i c. t Z�"D ►3 2 W Oo'D �' J�l�`� sn� s PEte P?oA-t> 40o N. v►-rnoe+� , NEW 13M j 1.C%, ezeml 11 /� b�2 C-�oec,E- iU Mtt Prj VW)( ?A G zE6uco,kj W- 779q7 i w((-Lf" CJ4l4St )4W, , &q r 2 01IN 12AU--" WC Z7(o-- r ^r� 2 �If (eo►�r� or GxlsT-mA.: '( �, . �d" X 401)(-.4 f NW L- �Hv+P-�C.�iJESi�3/�UZr /00 a= eon �-� c� k� ��-�-cY �►�tl NiaL. _ N W L its_�isngl,�brro C - ►ova 0r-: NOZ C-NCOPMe-W 4o tonoc - -,400 Cu,610, . yRtvs J ZS .m4 40, w roiF 2 OF03 e IX) i NEW R'AVA-plN ` Kvx4o x -q T-6 UmmQ ` c"T� O-m cur++ CeEm 2 WOODEN ZTilt--S I-�' 1-7S I ME -DPIUE- 3 a t:ACAVAnow SOx40x-4 2bo pe wovlir� suer�,�p ►oo' Nt w �Pl PC�Fp rk oNc� �1:71-5,r r� � .,r--7 TED su so �9bo 0114. tAA.Ft. FISH {LEDGE RAh�C079-ii-007-000330 D �'. MGT.September 19$0 Atlantic Developcent Cornorstion ape a Aurora. WC 27RO6 sent i eme n : In accordance with the written renu,l.B Austus 1979 and the ensuing administrative record, there is inclosed a oermi o maintain the mouth of an existing hosting access c the canal with a wooden bulkhesd and riorap. construct three jetties and remove an earthen plug separating a pond from South Creak near ??ickory Point, Beaufort County. North Carolina. If any change in the authorized work is rpouired because of unforeseen or altered conditions or for any other reason. plans revised to show the change must be sent promptly to this office. Stich action is necessary as revised plans must be reviewed and the pe.rmit modified. Please carefully read your permit. The general and special conditions are itmoortant. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant aaneral conditions require that' 1. You oust b gin your work on or before 31 Decemher 19R1 and complete construction before 31 December 1983. 7. You Must notify this office in advance an to when you intend to cownence and complete work. 3. You must allow representatives from this office to make periodic visits to your worksi-te as de-emed necessary to assure compliance with permit plans and conditions. SAWC079-N-007-000330 29 September 1980 Atlantic Development Corporation The inclosed Notice'of Authorization, ENG Form 4336, must.be conspic- uously displayed at your worksite. Sincerely yours, 2- Incl ROBERT K.- HUGHES 1. Permit Colonel, Corps of Engineers 'I. ENG Fora 4336 "District 3ngineer `CP w/cy In6l.1: CF w/cy Sp. Cond. and Plan., Director, Atladtic.Harine Center_ Office of Coastal Management National•Ocein Survey; NOAA i PO Box 769 ATTH: GAM4, 439 W. York Street .' Fforehead City, AC 28557 Norfolk, VA 23510 - . o. That if the activity authorized herein is not started on or before 31SL--_____day o0a ember—, t`$1 lone year Irom the dale of issuance of this permit unless otherwise speuhedl and is nut completed on or boloru3.l-6t'—..-_— day olDecember . t$2 (throe years from the date of issuance of this permit unlois otherwise specilmd) this pelnut. II not previously revoked or specifically extended, shall automatically expire. P. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t boreal, ha must restore the area to a condition satisfactory to the District Engineer. V r. That if the recording of this permit is possible under applicable State or local law, the. permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. t s. That there shall be,no unreasonable interference with navigation by the existence or use of the activity authorized herein, c I. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferees written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. e If. Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): 1. Excavation shall not exceed 4 feet below the normal water level. 2. All excavated materials must be placed and retained on high ground a sufficient distance from any marsh or waters to prevent spillover or erosion into those wetland areas. 3. All excavated materials must be placed directly on high ground. No.double handling of materials is authorized. 4. Riprap materials are limited to clean rock or broken concrete. 3 J, C 0 . 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