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HomeMy WebLinkAbout199-85 Baker, RalphPermit Class ' Permit Number New STATE OF NORTH CAROLINA 19 85 Department of Natural Community Development a t ��, ti NOV 2 5 1985 a ® Excavatioo'&;*b o NCGS 113-229 Issuedto Ralph Baker, 124 E. 2nd Street, Washinqton, NC 27889 authorizing development in Beaufort Countyat the Pamlico River (man-made canal in the Pinecrest Community) as requested in the permittee's application dated 6/18/85 including attached plats, 3. plan view dated 5/16/85 cross section and location map no dates This permit, issued on 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. 0 ) A bulkhead of wood or any other solid material will be constructed across the mouth of the basin prior to placing any fill material to prevent sedimen- tation, increased turbidity and future erosion of fill in the canal. The bulkhead should be lined with filter x fabric and aligned with the existing bulkheading on either side of the basin. (2) All fill material will be obtained from an upland source and confined landward of the bulkhead. (3) No fill materials will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the plat. (4) No wetland vegetation will be excavated or filled. 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. Phis permit must be accessible on-tite 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. 1988 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. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28002-1890 August 12, 1985 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC085-N-007-0284 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: 1{1 � ,�G`' '; 05 JUV Reference the application of Ralph Baker f r a Department of the Army permit to place fill mate a__20�iot-wide, 30- foot-long basin on a canal off the Pamlico River at Pinecrest Shores in 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. A clay dike will be constructed across the mouth of the basin prior to placing any fill material to prevent sedimentation and increased turbidity in the canal. b. All fill material will be obtained from an upland source and confined landward of the clay dike. C. No wetland vegetation will be excavated or filled. Questions or comments may be addressed to Mr. Ken Jolly, telephone (919) 343-4632. Sincerely, Charles W. Hollis Chief, Regulatory Branch Memorandum c Li Z� JUL 2 9 1;-?3 ELT L � ---------------------- Zb: John Parker Fret: David L. Gossett Subj: Application for State Permits Mr. Ottis s Mr Ralph Bake - Beaufort County Date: 25 July 1985 As you are aware, both of the subject gentlemen have applied for permits-fmm the Division of Cbastal Management to fill manmade canals, and both have proposed _ to plug their.respective canals prior to filling activities with a clay dike. I reccmrend that a condition be placed on each permit to require the plug be constructed of either a wooden structure, or riprap. I feel the clay plug will not be as adequate as either of these methods. If you have any questions do not hesitate to contact me. cc: Charles Jones 0 µ�. IN REPLY REFER tO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1880 WILMINGTON. NORTH CAROLINA 24402.1890 Ua - SUBJECT: File No. SAWCCOB,L AL002 - 4),2k¢ Applicant A A-n Mr. Randy Cheek National Marine Fisheries Service, NOAA Post Office Box 570 Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Lee Pelej Environmental Review Section Environmental Assessment Branch U. S. Environmental Protection Agency 345 Courtland Street, N. E. Atlanta, Georgia 30365 Ms. Nora Murdock U. S. Fish and Wildlife Service Endangered Species Field Office 100 Otis Street, Room 224 Asheville, North Carolina 28801 Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 769 Raleigh, North Carolina 27611-7687 MI Charled8 Jones Morehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Regional Office North Caroline Division of (_Coastal Management 1 n �%Qf% Pursuant to SAWCO80-N-000-0291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments -Ad/or recom✓mendations would be appreciated on or before —i Questions or comments may be addressed to , Regulatory Branch, telephone 919 343- Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure ��o,� p3 ye � y �. �, � aa /3 UC 1-1985 State of North Carolina --------- : " v bZ 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 27 June 1985 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: Ralph Baker plicanC s Name Pinecrest 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 CA11A 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 covered on the reverse side,;; X attached; will be forwarded later. S'ncerely, VV �n��• Charles S. Jones, ief Field Services Section CSJ:ap:3566 P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportumry AHirmame Action Employer V1 (A) This agency has no objection to the project as proposed. (COMITIONS ATTACHED) (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. N 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)(1) •... 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 (e)(4) ... that there wi11 be signifi- adverse effect on public health, cant adverse effect on the con - safety, and welfare; 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; (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 D1-4 or provide general comments. Signature lk- a]-S 5 Date Ralph Baker Beaufort County 27 June 1985 CONDITIONS (1) No marsh grass will be excavated and/or filled. (2) No fill materials will be placed at.any time in any marsh or surrounding waters; outside of the alignment of the fill area indicated on the plat. OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Ralph Baker 2. Location of project site Beaufort, (biinty, Pinecrest Commmity, Pamlico River, photo number 12-19-84, 74-981-K-9 3. Investigation type: Dredge & FillX CAMA X 4. Investigative procedure: (A) Dates of site visit 6-26-85 (B) Was applicant present No 5. Processing procedure: Application received -6-19-85 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 Public trust waters Estuarine waters X Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private X Commercial (E) Type of waste water treatment: Existing None Planned Septic tank (F) Type of structures: Existing ' None Planned Single family dwelling (G) Estimated annual rate of erosion N/A Source N/A 7. Habitat description: (A) Vegetated wetlands: None (B) Non -vegetated wetlands: (C) Other: Open water (D) Total area disturbed: AREA Dredged Filled Other N/A N/A + 600 sq.ft. + 600 sq.ft. 8. Project summary The aApli nt i pmrr�cino f;71 a"�0' ong by 70' wide boat haain which is connected to the Pamlico River. Environmental setting The applicant owns a 1.5 acre tract of land which is located on the Pamlico River in the Pinecrest ac muni.ty. The property which has an average elevation of + 4' was bulkheaded several years ago to retard ongoing erosion. A canal which is connected to the Pamlico River is located on the property. Much of the property between the canal and the bulkhead is Spartina. cynosuroides marsh. Connected to the canal is a 30' long by 20' wide by -5' deep at NWL boat basin. The basin is covered by a deteriorated boathouse. Project proposal The'applicant would like to construct a single family dwelling on,the property,' however, to meet the Beaufort County Health Department's septic tank requirements, additional highground is needed. To obtain this highground, the applicant is proposing to fill the 30' long by 20' wide boat basin. A clay dike will be placed across the mouth of the basin prior to filling to prevent the fill material from entering the canal. Environmental impact If the project is conducted as proposed + 600 sq.ft. of open crater area will be filled. None of the SPartina cynosuroides located on the property is proposed to be excavated and/or filled. Septic tank design and placement will be crucial on the property if water quality degradation is not to occur due to the proximity of the proposed system to marshes and surface waters. David L. Gossett - Washington office - 27 June 1985 . :APPLICATION f►'a �� 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, Wilmington District (GS 113-229,143-215.3(a)(1), 143.215.3(e), 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. Applicant Information A. Name' B. Address. O. Box or Route City or State II. Location of Proposed Project: A. County �eRuiav� B. 1. City, town, community or landmark PA, 2. Is proposed work within city limits? Yes No w5T.M C. Creek, river, sound or bay upon which project is located or nearest named body of water to project - - I �•�r M.(' G o /� 'Vet'" III. Description of Project A. 1. Maintenance of existing project 2. New work 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 4 length - width depth C. 1. Bulkhead length Average distance waterward of MHW (shoreline) ef�tr- 2. Type of bulkhead con ruction (material) AJ/4— D. Excavated material (total for roject) 1. Cubic yards 2. Type of material Allit- E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards / / / / 2. Type of material __ Z 14 IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Y B. Does the disposal area include any marshland, swamps or other wetland? Yes o C. Disposal Area 1. Location— Zi{L 2, Do you claim title to disposal a A a? / D. Fill material source if fill is to be trucked in - A60erb&J 7— E. How will excavated material be entrapped and erosion controlled? � f. Y-'e- F. Type of equipment to be used 42LA,0 Trv, J - .,t -f'sr,.vn G. Will marshland be crossed in transporting equipment to project site? If yes, explain D& F-B 1 Rev. 10/78 V. Intended Use of Project Area (Describe) A. 1. Private 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) �• A� r" 2. Elevation of lot(s) above mean high water 3. Soil type and texture a �--clie» 4. Type of buildin facilities or structures - n.de A T IOyhet A & jT-/AAo4PJ";e Apo r< Te :S .;Sewage disposal and/or wastewater treatment A. Existing Planned } t B. 'Describe % `} ,: �} = sn ani.J ic, }z.o,.ni & (Land Classification;(circle one) DEVELOPED NSITIo COMN�LIN,SJITY7 ROICAL CONSERVATION OTHER See CAMA Lora Ufid ljse 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 '/ No B. 1.- Will any runoff or discharge enter adjacent waters as afesuit of project activity or planned use of the; area following project completion? Yes —No_ 2. Type of discharge 3. Location of discharge Al VI I. Present rate of shoreline erosion (if known): ,. VIIIL, 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: A D 01,9 gs 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 thedeed or -other instrument under which the owner claims title plus written ' 1 permission from the owner,to carry odt the project on his land.. B. Attach an accurate work' plat drawn.to scale on k X 11 "'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 comments to agencies listed below. XI. Certification requirement: I 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 G -Ir-Ks D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10178 U jy r r+lph (3A}<Qr Pro Posed (; 11: r,q OF Bohr Houre. RAs, el .ScR(e 11' - 100, -EieY. YAN L.s;nq �O.00� of f r. e, m, o . �S„i Khonel 4I�}�j9tid S Sf 6 iL.Lo• Lr Paml"Ca CVer f r E!a Iml, Yi .1Mfill, a, *,1 � " � w �`�r p n� rA,� �j�tl''}" Yt iJ+•'I�:w 1 ' h.�" ' � Ln / ♦ ,+ / •..� >Y>>.,, ) > 1.. 1t I � 5 aY , t i ya�'hi 1, / /, °, �'�—�u��—I' ,sue. k l.' Ir � . rJ ? ♦ k�'��r g 1 r ��,4 • r m i� � a t > >�h .o �.L • r}1 �_� � t. j F t Y �° �✓ �� ' �►�� P is 03 s r 4 49 rl }I -�401 lerl. v ;` --- J IN REPLY REFER TO Regulatory Branch DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. Box 1890 WILMINGTON, NORTH CAROLINA 28402-IM July a, 1985 ANAL,1 5 1985 SUBJECT: File No. SAWC085-N-007-0284 VM "---------- Ra i Baker 124 Ea Street Washington, North Carolina 27889 Dear Mr. Baker: On January 27, 1981, we issued 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 June 28, 1985, for a Department of the Army permit to place fill material in a 20-foot by 30-foot basin on a canal off the Pamlico River at Pinecrest Shores in Beaufort County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative rocessin of your application will be accomplished by the Nort Carolina Divis>.on o oastal Management. 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. SAWC085-N-007-0284 and will be coordinated by Mr. Ken Jolly, telephone (919) 343-4632. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure