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HomeMy WebLinkAbout60-83 Baker, RalphPermit Class New STATE OF NORTH CAROLINA Department of Natural Resources and Community Development and Coastal Resources Commission Vernfit for 0 Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 XO Excavation and/or filling pursuant to NCGS 113-229 6( - Permit Number / 60-83 e RECEIVED r MAY Issued to Ralph E. Baker, 124 East Second St. Washington NC 27889 authorizing development in Beaufort County at Pamlico River (north side at Cousin Point) as requested in the permittee's application dated 1/ 15/83 including attached lats _ 3 no date This permit, issued on May 12. 1983 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditiInotes set forth below. Any violation of these terms may subject pennittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead will not be positioned farther than 8' waterward from the normal water level (NWL) elevation contour at any point along its alignment. (2) All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. (3) No marshland will be excavated or filled. (4) Fill material must be provided a ground cover sufficient to restrain accelerated erosion within 30 working days after final placement. (5) The activity must be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction — related discharge. NOTE I: In keeping with the provisions of GS 146-6(c) the State Property Office of the Department of Administration has granted authorization to fill. State—owned submerged lands as described in this permit. This permit action may be appealed by the pemtittee 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, 1986 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. (SEE PAGE TWO FOR ADDITIONAL CONDITiu:v; Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. Kenneth D. Stewart, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee _ -. ..� _� .,...� .......... �.�.-....ate.-c..,.<..a�...,.a..a�... K..a...�.. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402 IN REPLY REFER TO Regulatory Branch March 22, 1983 SUBJECT: File No. SAWC083-N-007-0121 Mr. John Parker North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Dear Mr. Parker: Reference the application of Mr. Ralph F. Baker or a Department of the Army permit to cons and b ill a bulkhead on the Pamlico River near Burbage Cross Roa s, Beaufort County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The bulkhead will not be positioned farther than 8 feet waterward from the normal water level (NWL) elevation contour at any point along its alignment. b. All backfill materials will be obtained from an upland source and confined landward of the permitted bulkhead. c. No marshland will be excavated or filled. d. Specific limits for fill materials must be staked by a representative of the Corps of Engineers prior to any backfilling of the bulkhead. , NOTE: Wetlands subject to regulation by the Corps of Engineers occur along the existing canal and landward of the peninsula of high ground bordering the rivershore. This permit does not authorize any fill in those wetlands. Questions or comments may be addressed to Mr. Steve Brown, telephone (919) 343-4632. Sincerely, G. Wayne Wright Acting Chief, Regulatory Branch • -2- Copy Furnished: Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 769 Morehead City, North Carolina 28557 National Marine Fisheries Service NOAA Post Office Box 570 Beaufort, North Carolina 28516 U. S. Environmental Protection Agency Ecological Review Branch 345 Courtland Street, N. E. Atlanta, Georgia 30365 U. S. Fish and Wildlife Service 310 New Bern Avenue Raleigh, North Carolina 27601 Mr. David Gossett Office of Coastal Management' North Carolina Department of Natural Resources and Community Development 1502 North Market Street Washington, North Carolina 27889 t OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT Kenneth D. Stewart Resources &Community Development Director rector James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/733.2293 ilk 22 February 1983 Mr. Kenneth D. Stewart, Director Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Stewart: The attached copy of an application submitted by: Ralph Baker Applicant's Off SR 1735, Pamlico River Beaufort Location of Project County XX for 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 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 8 March 1983 z .lkJpz�.' S erely, 111 John R. rker, Jr. Permit Coordinator JRP:bli:2480 P. 0. Box 27687 Raleigh, N. C. 27611-7667 An Equal OOOorrunily Allimrelive Aclion Employer XX (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. CONDITIONS ATTACHED (E) 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). .2 A2A Z , 3 date CONDITIONS - RALPH BAKER (1) The bulkhead will not extend waterward more than 8 feet from the normal water level at any point along its alignment. (2) All back fill material will be obtained from a highground source and confined behind the permitted bulkhead. (3) No marsh grass will be excavated and/or filled. a/� ! g.3 OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT'• 1. Applicant's name Ralph Baker 2. Location of project -site Beaufort Co'L near Burtiaze Cross Roads off of SR 1735. Pamlico River; photo number 59=754-T-12, 13, 14 3. Investigation type: Dredge 6 Fill' XX CAMA XX 4. Investigative procedure: (A) Dates of site visit 7/9/82 (B) Was applicant present Yes 5. Processing procedure: Application received 2/16/83 Office Washington 6. Site description: (A) Local Land Use Plan Beaufort County Land classification from LUP Highground,secondary transition;water, Development constraints identified in LUP None conservation (B) AEC(s) involved (C) (D) (E) Ocean Hazard Coastal wetlands Estuarine waters Estuarine shoreline XX Public trust waters XX Other Water dependent: Yes No XX Intended use: Public Private XX Other Commercial Type of waste water treatment: Existing Septic tank Planned None (F) Type of structures: Existing. House located on adjacent lot Planned None (G) Estimated annual rate of erosion 7. Habitat description: (A) Vegetated wetlands: None e (OVER) Source None None (B) Non -vegetated wetlands: (C) Other: Open water None + 1,488 sq..ft. (D) Total area disturbed: + 1,488 sq.ft. Project summary The applicant is proposing to construct a 186' long bulkhead which will average 6.3 beyond the NWL and which will be 8' at the furthest point-. The purpose of the bulkhead is, to stop ongoing erosion and to reclaim land lost to erosion within the past 12 months. (G) Estimated annual rate of erosion: 2.4' per year - Soil Conservation Service - However this particular -lot has accelerated erosion with possibly S' within past 12 months. 9. Narrative description The applicant's property is rectangular shaped (290' x 93' x 333' x 46') and - is bordered on the north by an existing 20' wide canal, on the -south by the Pamlico River, on -the west by highground, and on the east by the mouth of the existing canal and wetlands. The adjacent property on the west is bulkheaded. That portion of the property bordering the Pamlico River is highground with an elevation of + 5.0' NWL. The remainder of the property between the highground area and the existing canal is coastal wetlands consisting mainly of Spartina cynosuroides and Juncus roemerianus. No dwellings or sewage disposal systems are located on the property and none are planned at this tine. The applicant's property is located on the western side of the mouth of North Creek, and it is experiencing severe erosion. This is evident by a severe erosion scarp and many fallen trees. The applicant at this time is proposing to bulkhead his property to retard ongoing erosion and to reclaim land lost to erosion within the last year. The bulkhead will be 186' long, will average 6.3' beyond the NWL and will be 8' at the furthest point. The bulkhead will be aligned with the existing bulkhead on the adjacent property to the west. The proposed bulkhead will angle toward the existing shoreline and therefore, will be 6' beyond the NWL 100' downstream. The eastern end of the bulkhead will be 5' beyond the NWL. When the bulkhead is completed the con- fined area will be backfilled with materials from a highground sandpit. 10. Anticipated impacts The project as proposed should have a minimal environmental impact. Approxi- mately 1,488 sq.ft, of open water area will be filled. The existing shoreline is a hard sandy bottom with many fallen trees and other debris. The area is not classified by the N.C. Division of Marine Fisheries. No wetland vegetation will be excavated or filled. Submitted by David L. Gossett Date -22 February 1983 Office Washington • . �uw..wC 11..Cti9l... APPLICATION 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 Comm 1 Community Development Co-118 s of Engineers, Wilmington District (GS 113-229, 143-M.3(a)(1), Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information 7� /� ` IE A. Name L! Middle Last Ft�T B. Address n el •�---� Street, P.O. Box or Route City or Town State Zip Location of Proposseed( Project: A. County VC CqL' / 0117— B. 1. City, town, community or landmark_ 2. Is proposed work within city limits? which project is located or nearest named body of water to project C. Creek, river, sound or bay Ill. Description of Project A. 1. Maintenance of existing project Yes —No 2. New work B. Purpose of excavation or fill 1. Access channel A6/?A2 length width depth 2. Boat basin ^(/ ' length width depth 3. Fill area length /ZG width depth y `3 4. Other /�' length width depth C. 1. Bulkhead length /��► Average distance waterwar o MHW (shoreline)_ 2. Type of bulkhead construction (material) .Sw/ 7- D. Excavated material (total for project) 1. Cubic yards /L 60 2. fy pe of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards a d 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 marshland, swamps or other wetland? Yes No ✓ C. Disposal Area 1. Location 2, Do you claim title to disposal area? f Lo� D. Fill material source it t ill is to be trucked inE. How will excavated material be entrapped and erosion controlled? I . Type of equipment to be used W or Pr G. Will marshland be crossed in transporting equipment to project site? If yes, explain D& F-81 Rev. 10178 V. Intended Use of Prqject Area (Describe) A. 1. 2. Commercial 3. Housing Development or Industrial 4. Other, B. 1. Lot si:e(s) "� f o X f 3 X 33 9 Y S/6 2. Elevation of lot(s) above mean high water y 3. Soil type and texture 'TiiR"uisisr — 4. Type of building facilities or structures AI®A✓L — X.e 5. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe �'/ S< %e a2 6. Land Classification (circle on VELOPED TRANSITIONAL COMMUNITY' RURAL CONSERVATION OTHER (See CAMA Local Land. Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes 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 tic 'y _ w- _• 3. Location of discharge AI. A/ ,- VII. Present rate of shoreline erosion (if known): Vill. List permit,numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area; if applicable: Ala A-J IX. Length of time required to complete project: 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 8fi 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 r XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinas 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 tearing. // p 3 � DATE !� a Applicant's Signature D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev. 10178 '1 � N Q��4•I ,per yl { �V".. I i. dl�:` f 1 ' y, sr•, mar ."0 3 i s .0 �� 'i° r ' Y �x t IF ° � .,�/ I n ti m w i Old A J 1 i °+ n F4 1 li ( q I,:, 'I- x r> �'In•t f] Ce i `e � ' t •s �` IS Ir�r i � � �' 7/ m ,•� � ` S � � � ' � l^� tj � r � ' i. .a , - ry./,/fyP ° � I r I� � L ��,.. I � . R { F I .�.�' I\. 'I F F b Ih,G �14 >;• F f ,µf hl�•� .�.p tt F N F� I I' I ,.I b i} 4 I IF x I• - F .•, '" 0.•,1 r , •F r y I R / ik y � I F I `\ R �.: 1• ° ' }4 N ,, Ly. � : 9 � 1. �� � 1 41 ". I �.xl. r I F� f { i e^ ♦ y �i. 15 �0 4: I I yl 4' a ggqqqFl% L r zz _ F y m l I (� � , ~' g4'yi / a�� F *\'a Via: �' � F ,� FF. :- •NJ � ��' i A ` ' LA /` Pam+•' — o \/ � � �✓—` r �. � .\ /1 ,YI r� j� ,� � r,T?.�I T F :. f'. l- � o F'�I •:4 I, 9 I 1,0 Iq k- T jAq and St AeA6 IC- ST*T;ou,AOdP FG - t1.3 M A.Tcr; * l w:li Le Snvd.J Gi*y 1014N, KRlevl A I 74. 14-o 7 -. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOx 1890 WILMINGTON. NORTH CAROLINA 28402 March 3, 1983 rn nerd nc�en ry Regulatory Branch SUBJECT: File No. SAWC083-N-007-0121 Mr. Ralph F. Baker 124 East Second Street Washington, North Carolina 27889 Dear Mr. Baker: RECEIVED AAa 7 198x After extensive coordination between North Carolina and Federal agencies, a general permit No. SAWC080-N-000-000291 (enclosed) was issued on January 27, 1981, by Colonel Robert K. Hughes, District Engineer, Wilmington District, U.S. Army Corps of Engineers, which provides Federal authorization for those construction activities that require and receive authorization from the State of North Carolina in the form of a Coastal Area Management Act (CAMA) permit for major development and/or a permit to excavate and/or fill and/or a Water Quality Certification. A review of your application received March 1, 1983, for a Department of the Army permit to construct and backfill a bulkhead on the Pamlico River near Burbage Cross Roads in Beaufort County, North Carolina, indicates that your proposal is a candidate for Federal authorization under this general permit. Accordingly, the processing of your application will be accomplished by the N. . Of rce of oastaManagement. In this process, the N.C. Division of Environmental Management will review your proposal and a determination will be made as to the need for a State Water Quality Certification. Comments from Federal review agencies will be furnished to the State. If there are no unresolved differences of State -Federal positions or policy, the final action taken on your application by the State will satisfy the terms of our general permit. The terms of the general permit will not be satisfied if any of the following situations exist: a. There is an unresolved objection from any Federal agency. b. A State Water Quality Certification has not been issued (if required). Section 401 of the Clean Water Act requires that prior to the issuance of any Federal permit that may result in a discharge into waters or wetlands, the State -2- agency responsible for water pollution control (N.C. Division of Environmental Management) must certify that the discharge will not violate applicable Water Quality Standards. c. The proposed work would have a significant effect on the quality of the human environment. The District Engineer will make this determination prior to the conclusion of the State process. d. There is a significant and substantive unresolved objection from any individual, group, or agency. If your application is withdrawn from this general permit process, you will be so notified and informed of its further management in writing. When your application is successfully processed to conclusion under this general permit, you will receive written notice from the District Engineer. Only after receiving such confirmation should you begin work. Your application has been assigned application No. SAWC083-14-007-0121 and will be coordinated by Mr. Steve Brown telephone (919) 343-4632. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure Copies Furnished: Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 -3- Copies Furnished: Office of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 U.S. Fish and Wildlife Service 310 New Bern Avenue Raleigh, North Carolina 27601 National Marine Fisheries Service National Oceanographic and Atmospheric Administration Post Office Box 570 Beaufort, North Carolina 28516 U.S. Environmental Protection Agency Ecological Review Branch 345 Courtland Street, Northeast Atlanta, Georgia 30308 Mr. David Gossett office of Coastal Management 1502 North Market Street Washington, North Carolina 27889