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
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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