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HomeMy WebLinkAbout181-78 Bach, AlvinState of North Carolina Department of Natural R <ources and Community DcvelopJnent UILI�(P A FEDERAL PERMIT IS REQUIR® CONTACT II S. ARMY CORPS ENGINEERS. P. 0. BOX IM WUNNGT011, N. C, 28401 PERMIT TO EXCAVATE AND/OR FILL. (Re: N.C. G.S. 113-229) Permit No.181-78 Permit Class Issued to: Mr- Alvin Each New 1404 Banb_�r. ltd 1_Kalamazoo. Michigan 49001 This permit authorizes excavation and/or filling in _._---lioamfort - County, N.C. at Nriahts Creek _LS.nake sal rid) _ _ .. as requested in the p:-rmiltee's application dated 8/8478., incl.attached_plat AA*AeJ_8/S,L78 _ subject to the conditions set forth below. (1) That the bulkhead must not exceed 10 feet from the mean high water mark at any point along its alignment. (2) That all fill material to be placed below mean high water 1 be confined behind the permitted bulkhead. A r�I (3) That the activity be conducted in such a manner as to prevent ;;= significant increases in turbidity outside of the area of �t construction or construction -related discharge g (increases of 25 XM's or less are not considered significant). " r'� NOTE: An Easement to Fill is required for this work from the State �( "W Property Office, Department of Administration and is being 3 `� processed. 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 PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVID- ED IN G.S. 113-229 (K) AND (L). 'I lus permit inay tr objected to by the pernitlee within twenty f 20) days of the date of issuance. Failure to stihmit such objection shall he interpreted as an agreement of compliance with all permit conditions. phis permit must be displayed along with a copy W the 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 wort, must Lease when the permit terminates. phis {trait terminates on —_.. December 31, 1980 Signed by the authority of the Secretary I.,uing Date: — November 20, 1978 Department of4Ktural Resources & Community Development I onn D&F-g ReAsctl 7/77 Coastal Resources Comnily,lnn PERMIT FOR MAJOR DEVELOPMENT IN AN AREA OF I'.NVIRONMENTAL CONCERN Permit Mo.. 120 (Re: N.C.C.S. 113A-118) Permit Class Issued to: Mr. Alvin Each _ New' 1404 Danbury Rd.. Kalamazoo„ Michigan 49001 This pereit authorizes major development in __ r Beaufort County, N.C., at Wriehts Creek (Snake Island) _ as requested in the permittee's applieatiom dated 8/8/78 _ _ _ subject to the coeditLo�u set forth belota. 1. That the bulkhead must not exceed LO feet from the mean high water rq at any point along its alignment. 2. That all fill material to be placed below mean high water be confined behind the permitted bulkhead. 3. That the activity be conducted in such a manner as to prevent significant increases in turbidity outside of the area of con- struction or construction -related discharge (increases of 25 JTU's or less are not considered significant). NOTE: An Easement to Fill is required for this work from the State Property Office, Department of Administration and is being pro- cessed. IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SLBMiTTED A5 rAKI ur tr= APPLICATION (MERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRE- CISELY, THE_QEFiI'1.1iTEE IS SUBJECT TO A FINE, 1WRISCHUT, OR CIVIL ACTION AS PROVID' ED IN G.S, , This permit must be displayed along with a roily of the application and the project plat on the site of the development. Any maintenance work or project modtllratinu ,rgtilres further commission approval. Subject to permit renewal, all work must c,•ase :h n the permit terminates. This permit terminates on December 31�_•1981_ Issuing Date. November 20, 1978 ._ Sign" by the authority of the Chairman of the Coastal Rettouroes Commlaal0 I i 1 North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary August 21, 1978 Mr.'Doug Nelson`, Estuarine Management Section\ . Box 769 Morehead City, N.C. 28557 , t. Dear Mr. Nelson: The attached copy of an application submitted by: Applic*t's Name Wright's Creek Location of P Beaufort County afor a State permit to .perform excavation and/or fill work in Coastal North Carolina and for a CAMA major development permit... ❑ for a CAMA major development permit (only)... ...is being circulated to State and Federal agencies having jurisdic- tion 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 September 11, 1978 DAA/lt Sincerely, David A. Adams Assistant Secretary for Natural Resources (Please use reverse side for comments and signature). P.O. Box 27687 Raleigh, North Carolina 27611 An Equal Opportunity Alrirmalwe Action Employer (A) This agency interposes no objection to the proposed work. a(B) Dredge and/or Fill. This agency objects to the project as pro- posed. 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; a(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 here- by detailed. Conditions: 1. That the bulkhead must not exceed 10 feet from the mean high water mark at any point along its alignment. 2. That all fill material to be placed below mean high water be confined behind the permitted bulkhead. ElM Comments are submitted that do not directly 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 date c North Carolina Department of Natural vFL' Resources &Community Development ` James B. Hunt, Jr., Governor Howard N. Lee, Secretary September 11, 1978 CMOIC�Y� �71� W: ■ Mr. A. W. Bach 1404 Banbury Road Kalamazoo, Michigan 49001 SUBJECT: Application for State Permit - Snake Island - Beaufort County Dear Mr. Bach: his letter is to confirm our telephone conversation on September 8, 1978, concerning ng your application for a state pexm; t. As I stated to you, during the review process of your application I visit- ed your proposed project and observed a discrepancy in the plat which you sub- mitted with your application, and the alignment that you had staked where the bulkhead will be placed. On your submitted plat you indicated that the further- est point the bulkhead would be placed beyond the mean high water (MHW) mark would be 10 feet. During the visit to the site, I observed that your staked aligrmlent placed the bulkhead 15 feet beyond the MHW mark in the vicinity of your eastern property line; the alignment varied between 12 and 17 feet beyond the MHW mark in the area of your western property line and at the point where the bulkhead turned from a southwestern direction to a western direction. As we agreed upon during our telephone conversation, I will continue to process your application using the plat that you submitted with your applica- tion. When your permit is issued to you your plat will be part of the permit and your bulkhead alignment should coincide with the plat and any other con- ditions that may be placed in ther permit. This means that your bulkhead should not be constructed at your present staked alignment but at the alignment issued to you with your state permit. As I stated to you, if you will contact me when your permit is issued, I will be glad to assist you in staking the align- ment which coincides with your permit. If you have any questions concerning your project, do not hesitate to con- tact this office. Sincere y, David L. Gossett Environnettal Consultant DLG:lr cc: Press Pate Steve Brown John Parker C,-uYas gkianal Of-,,. 1502 North Market Street, Washington, N. C. 27889 Telephone 9191946-6481 An Equol Opportunity Affirmative Action Employer Division of Marine Fisheries P.O. Box 769 Morehead City, N.C. 28557 September 11, 1978 MEMORANDUM TO: John Parker FROM: David Gossett SUBJECT: Application for State Permit - Alvin W. Bach 8/8/78 Location Beaufort County - Between SR 1725 and Wrights Creek on Snake Island Investigative Process - Application received Office of Assistant Secretary 8 18 78; Morehead 8 23/78; on site visit 9/8/78; spoke with applicant by telephone 9/8/78. Environmental Setting - The applicant's property is a 110 ft. wide by 146 ft. long lot located on Snake Island at Wrights Creek. The elevation of the lot averages approximately 18 inches above MHW, Severe erosion is evident along the shoreline. Located on the property is a private single family dwelling which is served by a septic tank, and a 26 ft. long T-shaped pier which is connected to a peninsula which extends into Wrights Creek. The property on the eastern side of the proposed project is presently bulk - headed. Very little marsh grass is present at the project site. Approxi- mately 100 sq. ft. of Spartina patens is located on the peninsula and t 40 sq. ft. of Spartina patens is located along the area of shoreline northwest of the dwelling. Project Proposal - The applicant is proposing to bulkhead his shoreline, backfill the confined area, excavate a portion of the existing penimsula, and extend the existing pier in a landward direction. The bulkhead will be conn¢cted'. to the adjacent property owner's bulkhead and will be construct- ed in a western direction for a distance of 58 ft., turn southwest for a distance of 52 feet, turn west for a distance of 37 feet, then south for a distance of 20 ft. The confined area will be backfilled with material from an outside source. The bulkhead will average 8 ft. beyond the MHW mark and will be 10 ft. at the furtherest point. The applicant is propos- ing to excavate a 20 ft. wide by 12 ft. long area of peninsula and to ex- tend the existing pier in a landward direction for a distance of 12 ft., so that it can connect to the proposed bulkhead. Environmental Impact - If the project is conducted as proposed approximately 870 sq. ft. oarea beyond the MHW mark will be filled, and approximately 140 sq. ft. of Spartina patens will be filled. Approximately 240 sq. ft. of high ground areawill be excavated and will become area beyond the MHW mark. The project should have little impact on marine fishery resources. CAMA Review - The review for the dredge and fill permit is considered to be sufficient for purposes of evaluating permit under CAMA guidelines. Con- ditions are applicable to both permits. APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL EASEMENT IN LANDS COVERED BY WATER WATER QUALITY CERTIFICATION State of North Carolina Department of Natural Resources & Community Development (GS 113-229, 143.215.3 (a) (1), 143-215.3 (c) Department of Administration (GS 146-12) RIRe of Assistant Secmtery AUG 18 1978 a. c. D[er. Of sa UML araDDaCU a CDYYDPWY Department of the Army Corps of Engineers, Wilmington District (33 CRF 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 BACH ALVIN WAYNE Last First Middle B. Address 1404 Banbury Road Street, P. O. Box or Route �15 — Kalainazoo Michigan 49001 381-3024 City or Town State Location of Proposed Project: A. County BEAUFORT Zip Code Phone B. 1. City, town, community or landmark Pinsular Harbor or Snake Island 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 Wright's Creek III. Description of Project A. 1. Maintenance of existing project 2. New work X B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area length width depth 4. Other Bulkhead length 167 width depth 24" C. 1. Bulkhead length 167 Average distance from waterline (NIHW) 8 Ft 2. Type of bulkhead construction (material) Wood D: Excavated material (total for project) 1. Cubic yards 80 2. Type of material Sand & Clav E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards 20 '2. Type of material Sand & Clay ' IV. Land Type, Disposal Area, and Construction Equipment: A. Dues 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 No X C. Disposal area 1. Location NIA 2. Do you claim title to disposal area? D. Fill material source if fill is to be IruLked in Unkown Purchased E. How will excavated material be enliapped and erosion controlled? F. 'I) pe of equipment to be used G. Will marshland be crossed in transporting equipment to project site?- If yes, explain D&F-B1 Rev. 10177 M 4. Intended Use of Project Area (Des rite) A. 1. Private 2. Commerciii- 3. Housing Development or Industrial 4. Other B. 1. Lotsize(s) 110 x 146 2. Elevation of lot(s) above mean high water 3. Soil type and texture Sand & Cl 4.'Type of building facilities or structures _ M F: ivate S. Sewage disposal and/or waste water treatment A. Existing x Planned B. Describe Septic Tank & Field Tile — 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 3. Location of discharge VI I. Present rate of sho,cline erosion (if known): 3 " to 4 " per year _ Vill. List permit normb:-s 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: 2 to 3 weeks 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. 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 server] 8$ 7 Fbv C ertifiPri Arta' 1 D. List names and complete addresses of the riparian landowners with properly Adjoining applicant's. Such owners have 30 days in which to submit comments to agencies lived below. - Elizabeth Beddard, P.O. Box 294, Winterville, North C arolirte Mr. & Mrs. Grover Coe., 413 North Arbor. Greenville. T\torth f DATE 8/$/78 1 Alvin W. Bach & Esther M . Bach Send one completed copy each to' Assistant Secretary for Natural Rrsnnrce, District Engin^rr D•martment of Natur4l RCtnniCeS & Crmmunity D•rvelnpment Wilmington District Corp, of rr.2i:we,s P. O. Boy. 27667 °. !). Es 1::10 Raleigh, North Carolina ?7611 tWi!mingtnn, North Cdrolina 2E+01 nlo. 919-733-4006 l ter (Nov. >ra.:h Corps :ransmnu DR F-B2 Rev. 10/77 ToREEK sl*E - �Ts Pvn/yo � �SiO.bEY I 7 c.�sJ eeaos W � w�(trEovi<LE F r ITJ Nr9L m I N `' y1I , s i~ WADES j � � - - -� -�— vic)u/TY YIAP / TOo BE r .ScALAL A,aN6 ' REIVOVSP 1 ��-`~ I DOCK �.x re.-eo Ex /S r/N 4 W J4 KHEAD PROPOSED L3LIL� NEA.'- / - , • � _ � Ex/srivs .52, PROI�OSEL� l ' ` �, P7OPEA'iY / � 1 DEfh I NORTH /9Qf r),?5 P4rN AP<�D X. SO c(.'L'::. ?AA n, S o Jr4A 'G t1 +F PrJr ERTr - CL^ TJ RL: OF'/.:R'.gM/:6F./OARC 3b TRr/CKEO/U i rTOPO�EO LVL/'yCI1L7�F/LL CO.vJT. PR/vArt RfJ/DEN':G /N N/R/y.v Ts CRLLK rAT ,P/A/JJLAR HAR$ER C041"rY BEAvxomr _ APPL,CAr/oA- eY A. SAC# -i /O o /O 20 S v -.E Oc N CAROL-pvA • r. 4 /g ," II r 3 ,. c E in/ FEET A -A I;i i D/IZr ROAD rYP 2 01.A:CS 'li --BVLAnEAG 50 CO 85ACH L,14 Oe 15:1. .- I �• I � � O I� 71 i •d i. ,d r a° 1 1 f •' ed ,,r se rl 26 01) \ I 1 ,•all w`j j1 °J• o L Is , r \ ), r• ,1 n t�/y Ill • �: �, -`t-- Ye ) -. tea. � `� •, i-� s x. :t u. , ` •y S— Y y' �rv1 M•bY ♦ o pl , ./• ]0' P4.00aPOUna PULP LUMP"' PI' Y — Piipaiil PI�V ' r � � /Mllfllll I • � •an PLAN OF LAND AND SUBDIVISION OF LOTS ,._ a• Ian r.••. •^a. .y, BELONGING TO I ��►M�S 2iSFS SERO FIELD INLTSTICATION P,EPQRT I. Investigation Type: Section 10 X 404 X A. - Public Notice No.SAWC078-N-007-000442 Date 9/14/78 AgencyCorps of Engineer! Date Received 9/15/78 Extension To B. Pre Application Activity Date Agency C. Post Application Activity Date Agency II. Applicant's Name & Address: Mr. Alvin W. Bach. 1404 Banbury Rd. Kalama7nn Mirhic 49001 III. Water Body S Location of Work (City, County, State):_ Wrights Creek at Snake Island, Beaufort County, North Carolina IV. Purpose of kbrk (Describe, e.g., cater control, hurricane protection, etc.): A. Water Dependent: X Yes No Both B. Intended Use: Public x Private Both V. Description cf Project (Append schematic of plans): SEE ATTACHED PLAT' The applicant proposes to construct a 170 ft. long bulkhead approximately 8 ft. beyond__ the MHW mark. A small penninsula will be excavated and an existing pier extended land- ward A. Fill or Spoil Area: 1. Dimensions: Irregular shaped 2. Total Area: ± 870 sq. ft. (Wetland) (Non -Wetland) a. Area Vegetated Wetlands: (Submergent) b. Area non -vegetated Wetlands: rgent) ± 140 sq. ft. (Submergent) (Emergent) u 3. Pcthod(s) to retain materials:_ Rulkhaad 4. Method(s) to prevent erosion: Bulkhead 5. Intended use of fill area; Lawn B. Dredge or Borrow Area: 1. Dimensions (Length, width, depth): 20' X 12" 2% Total Area: ± 100 sq ft LWetland) ± 140 so. ft.(Non—wetlan a. Area Vegetated Wetlands: (Submergent) (Emergent) ± 100 sq. ft. 3. Quantity of materials to be excavated Not addressed (cu. yds Polluted• Yes No g Unknown Pollutants (Apparent Source) 4. P.inds of materials to be excavated (e.g. silt): sandy/silt 5. Intended use of excavated area: existing pier will be extended over this area 6. Methods of excavation: not addressed 7. Will borrow area be backfilled: Yes xNo If yes, with what type material and where will it be obtained? C. Description of ,property adjacent to project site and in area of project influence (e.g., residential, industrial, etc., and extent of developmen The adjacent property is residential cottages. L. Project Operatior. (if z-, icz: l CI. Habitat Description of Project Site znd/or Area of Project Influence (Append Pap and Annotated Fnotos): Area 1 A. Vegetated Wetlands 1. Prec'cr_fnant 1=crEent Species Spartina ,patens 2. Fre �nsat Subaerged Species B. Nor -Vegetated Wetlands Open water behind bulkhead Dre_ ^ed ± 100 sq. ft. Filled Other2 ± 40 sq. ft. ± 870 sq. ft. 1/ Source of data (i.e., Plan --meter, est?nate etc.) 2/ Define (e•g., vegetation to be affected bp•i=pound=ent or Later level t:anipulrtion) p- ry use c. ..rc:-, e.o., eC '_; e: - _ T.-:_C t s; y The area is not considered a primary nursery area for any commercial species. Source of =fo —atien (i.e.,.personal o'_asercetiom, litera" e, etc.): North Carolina Division of Marine Fisheries, Washington Office D. Endangered, protected or threatened rarine r-a--ml, ti tla, or fish species (list species source of information and mete use 'bitat as to Y.-=igration, r-feeding, S-spsrnino i �ONtm E. Biological significance o.' area (describe briefly the *ortcnce or relationship of proposed work area to fishers resources in area of project inflnence, e.g., source of detritus, etc.): The project should have little impact on marine fishery resources. .. •... i... .. .. :lam• lj.0 • i'.. . Project alternatives that could present or reduce i=pact an fishery resources: A. Held in abeyance (s—=arize reasons, e.g., not enough infon ation in Public Notice or pending EIS): B. 2bdifications e•Z rt_..c:_ 1= -=� _-=� d=- - Select different s -_1 sites, _tc.)-. 2. Operation (si—rie, e.g., m=i=ize tidal flushir4s, ---ter IFves, monitoring, etc.): 3. Locat:en (c.b., alternative Lite): Bulkhead could be placed at or near the MHW mark. IX. Other Co=mants (i.e., project vas discussed with applicant, etc.): Investigator discussed project with applicant by telephone on 9/8/78. X. Field Reconnaissance Data: A. Investigator(s) i=e Azem /Flrm David L. Gossett N.C. Division of Marine Fisheries 35 B. Date of In:.estigation 9/08/78 tt�e A.M. 7-0 �/rE J1211A .4 S IL •q/['I '�'i � I 9 W/A.5TEl.VI4 LE -� NveTN F � P D!n! T h W �Eo iAq DOCK ,6ArLNEO i j /. R • ✓r2� �' � Ek/ST/N� PROPOSED / 0, 37-- -«i • i j A .' SEcr/ati• A -A TYP 2 PL AceS ND .TcA4E -"-27 / I OEGK T -BVL A, HEAG I'!L ES PLACED IL,c ro a d C� EX /S riti• y EUL KNEAD r 0LPc: AWrr /µ/E rjF 1 t T NORTH E7./ST/lY4 //D/7E I �MRIMRS BACH GLA> �J NE 36 rlOPOSEO LTV4Y[/�,[i��c/LL cONJT. PQ/vATG R6J/OENCE AT P1A1.fa4AR IIRR6ER APP4/CA7-1W BY A. ,CAC/! /O o /O ZO S770YEOF Al. CAROc+xvA SN./OF/ O TE SCALE /n/ FEET '9 8 S-�B D!/=T /c'0l30 DEPARTMENT OF THE ARMY U Wilmington District, Corps of Engineers P. 0. Box 1890 Wilmington, North Carolina 28402„ SAWC078-N-007-000442 14 September 19 C --' -- PllBLIC NOTICE � MR. ALVIN W. BACK, 04 Banbury Road, Kalamazoo, Michigan 49001, has applied for a Department of the Army permit /' TO CO CKFILL A BULKHEAD ON WRIGHT'S CHEEK AT SNAKE ISLAND, Beaufort County, North Carolina. The proposed work is taken from data submitted by the applicant and observations made during an onsite visit by a representative of the Corps of Engineers. Plane submitted with the application show proposed construction of a wooden bulkhead approximately 170-feet long aligned an average of approximately 8 feet waterward of the normal water level (NWL) elevation contour. After the proposed bulkhead has been constructed the applicant proposes to utilize a email area of high ground lying watemard of the completed bulkhead as a source of backflll material. The existing pier currently connected to this point of high ground is to be extended landward to connect to the completed bulkhead. The remaining fill material necessary to complete backfilling of the completed bulkhead is to be purchased from a commercial source. The purpose of this work is to regain areas lost to erosion and to stabilize the shoreline in an effort to prevent further losses. Plans showing the proposed work are included with this public notice. Applicant has applied to the NC Department of Natural Resources and Community Development for a permit to excavate and fill and any necessary easement to fill. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the NC Office of Environmental Management has determined the appllcability of a Water Quality Certificate as required by Pl. 92-500. 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 vorksite 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 appllcant and unatte observations, that the proposed activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based upon evaluation of the probable impact of the proposed activity on the public interest and will include application 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 my be expected to accrue from the proposal mat 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, food production,and in general, 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, ATIN: Mr. Steve Brown, until 4:45 p.m., 16 October 1978. A. A. KOPCSAK McJor, Corpe of nears Deputy District gineer B1[LN/IVlN 5 LREEK 517E Rrki1 , •`� pvvG,o c'•r ass 40ND3 � w1A5rer,(11z ,e F l d( i NORTH \ w.q v ES I , , ICI � �PEMOViD I$+i � E2 n�rw EATCNETJ PROPb ;EU l�llL.f'NEA!— ' i, ` P.PppOSEO l 4 f 37 / TREE. SE�rioA A -A rrP 2 PthcEs - .VO SCALE -------? vi-k HEAL /'/L E.S AGEO Q"'C TO c DECK iEX/ST/NCB N�/"1E 10 Ex /.z *i,v y eUL KNEAD LPRI pE,f7Y //✓E 7 F I ,vo eTN V MRe MR5 BACK I I APa�e ax, .90 cuo%e 36 i ctif� Ti% rE TA`•' c/l'EQ / A.' PWOP0560 AVL/'yE C4.c/a ' CONJT. PR/VATX RtJ/DINCE /N N/R/y,Y rs CRA'tK ,9r P/A/Jl/L AR Nq eA?eR COVA/TY BEAUFO/Pr APPL/CA r/AA/ QY A. ,eAc* /O _ o /O -___ZG STIYT,EoF N.CAROL�ivq SCALD /N FPET SN./OF/ D.9TEBS-7@ DIRT ?0.9D -SHEET , of 1 r— DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 WILM.INGTON. NORTH.-CAROL4NA 28402 I_,. IN REPLY REFER TO SAWC078-N-007-000442 1 February 1979 z r 1n z Mr. Alvin W Bach 1404 Banbur Kalamazoo, MI 49001 Dear Mr. Bach: In accordance with the writt quest of 8 Au t 1978 and the ensuing administrative record, ther is inclosed a permit o construct and backfill a bulkhead on Wrigh ' Creek at Sn land, Beaufort County, North Carolina. If any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office. Such action is necessary as revised plans must be reviewed and the permit.modified. Please carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant general conditions require that: 1. You must begin your work on or before 31 January 1980 and complete construction before 31 December 1982. 2. You must notify this office in advance as to when you intend to commence and complete work. 3. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. SAWC078-N-007-000442 Mr. Alvin W. Bach 1 February 1979 The inclosed Notice of Authorization, ENG Form 4336, must be conspicu- ously.displayed at your worksite. 2 Incl 1. Permit 2. Form 4336, Blind CF w/cy Incl 1: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York St. Norfolk, VA 23510 Sincerely yours, ADOLPH A. RIGHT Colonel, Corps of Engineers District Eneineer Blind CF w/cy Sp. Cond. and Plans Mr. R. D. Nelson NC Division of Marine Fisheries PO Box 769 Morehead City, NC 28557 2 o. That if the activity authorized herein is not started on or before __31stt day of -lynua7:y—. 19 79 1*one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before 31st day"of--aec-ember— 19 32 , (three years from the date of issuance of this permit unless otherwise specified) this permit, if 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 hereof, he must restore the area to a condition satisfactory to the District Engineer. 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 ty records of title to and interests in real property. z s. That there shallbe no unreasonable interference with navigation by the existence or use of the activity authorized herein. M t. That this permit may not be transferred to 'a third party without prior written notice to the District Engineer, either by the Z transferee's 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 hanslers 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. If. Special Conditions: (Here list conditions relating specifically to the. proposed structure or work authorized by this permit): 1.• Prior to any construction the bulkhead alignment will be staked and flagged by a representative of the Corps of Engineers. 2. All backfill material will be obtained from a high ground source and confined landward of the permitted bulkhead. 3. The bulkhead will not be constructed further than 10 feet waterward of the mean high waterline at any point along its alignment. 3 ,w •7'p J 12�FF'K S17-AT BEGJ/AY: AT s G .. �QI(4 PllNCgd �oU//STEDV/LLE Nr9z F - y A/U2TN o j WA) D Sc.9L� NONE / TO Cis I ` 2ElYlDv�D !, ,EYTEMEo H L /A/G P20 PO,S E,p ,� /9PP?oX,. BO CULL/C yA�os oFs/sva � / cLAY j O L9� 36 /"KOPOSED ,aVcKyF✓+D¢F/CL CONST. PR/vyT� REJ/DENCE /N GVR/CyllT,s C2�G'/< l-JT P/dGS(/LAP N/ih'SER cOU.vTY. 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