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HomeMy WebLinkAbout108-84 Bay Dredging & Contracting Corp.- - - - -- - - r - .'-M-.�-.r .rww�y.wwww w�-wwwwv-ww w�w�/.v+•�6 Permit Class Permit Number Ncw STATE OF NORTH CAROLINA r"•�--._ t nQ_aa Department of Natural A —'--" r d Community Develop a j� Coa ces Cop�yjasion `` ���` h c forSlq; ® Majot bt�loptndnt in Moviionmenta l �1 Concem*%;I uant to 3'41} QX Excavation andjbr.fillindpiant to NCGS 113.229 �rtn�� lssuedto Ray Dredging R Contrariing Corporation P_ D Box 2191 Vriginia Rearh VA 23450 authorizing development in Hyde Countyat Pamlico Sound (at Ocracoke) as requested in the permittee's application dated 2/14/84 including _attached plats, 2, no date and site map (chart), no date. This permit, issued on June 8, 1984 , 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. (1) The bulkhead alignment will approximate the mean high water level except for the 125 linear feet indicated on the plat, which will not exceed 19 feet from the mean high water level. (2) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead, except that the spoil derived from the excavation of the access channel may be used for backfill. (3) The fill material to be placed below mean high water level will be confined behind the permitted bulkhead. (4) This permit does NOT authorize the excavation in front of the proposed bulkhead. (5) No marsh grass will be excavated and/or filled. (6) The activity must be conducted in such a manner as to prevent signifi- cant increases in turbidity outside the area of construction or construction related discharge. (See attached sheet for Additional Conditions 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. 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 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and e rman of the Coastal Resources Commission. 1 J'or David W. Owens, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bay Dredging & Contracting Corp. Permit 108-84 Page 2 of 2 ADDITIONAL CONDITIONS NOTE: The proposed project is certified under General Water Quality Certifi- cation No. 1272 issued on November 25, 1978, for bulkhead construction. NOTE: 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. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402, May 25, 1984 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC084-N-048-0142 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 Bay Dredging an acting Corporation for a Department of the m t to deepen a channel and construct and backfill a bulkhead on Pamlico Sound at Harbor Cove on Ocracoke Island, Hyde 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 be aligned at or landward of the mean high water (MHW) elevation contour except for the 125 linear feet indicated on the permit plans which will not extend farther waterward than 19 feet. b. All backfill material will be obtained from an upland source and confined landward of the permitted bulkhead. c. All fill material placed below the elevation of MHW will be confined landward of the permitted bulkhead. d. All excavated material will be placed and confined landward of the MHW elevation contour and any regularly or irregularly flooded marshlands. e. No marsh vegetation will be excavated or filled. Questions or comments may be addressed to Mr. Hugh Heine, telephone (919) 343-4642. Sincerely, Charles W. Hollis Chief, Regulatory Branch i Nui I I I WI unna UE'aWr imem OT IVQTU' J Kenneth D Stewa•t �� e Resources &Community Development Director ��s James B. Hunt, Jr., Governor Joseph W. Grlmsley, Secretary Telephone 919.17332293 Mr. John R. Parker, Jr. Permits Coordinator Office of Coastal Management Raleigh, NC 27611 Dear Mr. Parker: The attached copy of an application submitted by: Bay Dredging & Contracting Corporation Applicant's Name" Pamlico Sound on Ocracoke Island Hyde Location of Project County March 28, 1984 RECEIVED 8 10p4 P X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAKA major development permit... for a CA.MA 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 and Federal agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. r The recommendation of this'Section are covered on the reverse side; _�/�X attached; will be forwarded later. 4e. Sincerely, Preston P. Pate, C ief Field Services Section PPP:kh:1526 V 0 Bo. 276e7 Pale ch. N C 27611 76e7 4nfcW"nrr,-r.,1. A',--z. at. —t—, (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. X (D) Agency findings relating to item(s) A and/or B and/or C are hereby.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). George H.- Wood signed Plarch 28, 1984 date LQ 6. JJ V / OFFICE OF COASTAL MANAGEMENT Long. 75° 58' 30" FIELD INVESTIGATION REPORT 1. Applicant's name Bay Dredging and Contracting Corporation 2: Location of project site Pamlico Sound on Ocracoke Island 3. Investigation type: Dredge & Fill X CA] 4. Investigative procedure: (A) Dates of site visit 2/29/84 (B) Was applicant present No 5. Processing procedure: Application received 2/21/84 6. Site description: (A) Local Land Use Plan H de Land classification from LUP Deve Ope Development, constraints identified in LUP U Office Elizabeth Ci (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters— Estuarine waters— Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private X Commercial (E) Type of,waste water treatment: Existing Planned Septic tank and cisterns (F) Type of structures: Existing None Planned Nnnp (G) Estimated annual rate of erosion 19/20 feet/year n orte-�sol tea Source personal observation —r 7. Habitat description: area and 1 foot/year AREA (A) Vegetated wetlands: Dredged Filled Other (B) Non -vegetated wetlands: Shallow water 2800 cubic yards 500 cubic yards (C) Other: (D) Total area disturbed: 3,300 cubic yards 8. Project summary The applicant proposes to construct a bulkhead along 890 feet of shore- line at the mean high water line except.in one isolated area (125 feet) where the bulkhead will extend 19 feet below mean high water. 'Excavation waterward of the bulk- head and in the access canal is proposed to reduce siltation at the mouth of the canal. Ray Dredging & Contracting Corporation NARRATIVE DESCRIPTION The applicant's tract is approximately eight acres of largely unvegetat-ye, sandy highground ranging in elevation from one to four feet. The site is located on the northeast side of Ocracoke Island and is bordered by the -Pamlico Sound on the north and a man-made canal on the south. Access is via a wooden bridge and presently no structures are on the site. A dilapidated bulkhead is located offshore ranging from 50 feet below mean high water to the mean high water contour. The,shoreline is void of vegetation. The applicant proposes to bulkhead the 890 feet of shoreline with the align- ment approximating the mean high water contour. A 125-foot length of shoreline has experienced accelerated erosion due to the complete collapse of the break- water immediately in front of that area. The wave energy funneled through this opening has accelerated the erosion to as much as 20 feet/year. The applicant wishes to reclaim this land by placing the bulkhead offshore 19 feet, which will result in a straight bulkhead alignment along this portion. The applicant plans to excavate waterward of the bulkhead to remove sand which could flush along the bulkhead into the access channel. ANTICIPATED IMPACTS The construction and backfilling of the bulkhead will result in approximately 1000 square feet of shallow water habit being filled. This portion of the bulk- head alignment (125 feet) represents highground that was lost in the previous year and filling this area will result in minimal impacts to marine fisheries. The excavation in front of the bulkhead is intended to reduce the amount of sediments which could wash down the bulkhead and deposit in the access channel. With the large amount of sediment transport in this area, the proposed exca- vation in front of the bulkhead will not significantly reduce siltation in the access channel if considered on a long-term basis. However, the resulting loss of this sediment would result in deep water in front of the bulkhead and may affect the long-range structural stability of the bulkhead. The excava- tion in the access channel to -6 feet will allow adequate navigation and will'' connect with waters of at least that depth, reducing potential water quality degradation as a result of this work. March 28, 1984 George H. Wood Bay Dredging & Constracting Corporation RECOMMENDATIONS 1. The bulkhead alignment will approximate the mean high water level except for the 125 linear feet indicated on the plat, which will not exceed 19 feet from the mean high water level. 2. All backfill material will be obtained from a highground source and con- fined behind the permitted bulkhead, except that the spoil derived from the excavation of the access channel will be confined above mean high water behind the bulkhead or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 3. All fill material to be placed below mean high water level will be confined behind the permitted bulkhead. 4. This permit does not authorize the excavation in front of the proposed bulkhead. S. No marsh grass will be excavated and/or filled. March 28, 1984 )1-w Georg2 H. Wood t ,_ 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 Community Development Corps of Engineers, Wilmington District (GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. I. Applicant Information A. Name Bay Dredging & Contracting Corporation Last First Middle B. Address P. 0. Box 2191 Street, P.O. Box or Route (ask for Jim Murp y Virginia Beach Virginia 23450 804-497-9392 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County Hyde B. 1. City, town, community or landmark Ocracoke Island 2. Is proposed work within city limits? Yes —No Y C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Pamlico Sound III. Description of Project A. 1. Maintenance of existing deepen channe)2 relocate & construct new hulkheari g project New work B. Purpose of excavation or fill 1. Access channel length 162' width 52' depth 6' 2. Boat basin length width depth 3. Fill area (water area) length 125' width tndepth_ 33 4, ®per on existin hif1 h length 550' width 20' depth 1/2, to 2' C. 1. Bulkhead length 890' aAverage distance waterward of MHW (shoreline) - n- 2. Type of bulkhead construction (material) wood D. Excavated material (total for project) 1. Cubic yards 2800 2. Type of material pure white sand E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards 500 2. Type of material Pure white sand IV. Land Type, Disposal Area, and Construction Equipment: A. Does 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 see drawingattached - all behind 1. Location — proposed bulkhead 2. Do you claim title to disposal area? yes D..Fill material source if fill is to be trucked in N/A E. How will excavated material be entrapped and erosion controlled? new bulkhead F. Type of equipment to be used front end loader (between bulkheads) b dragline (canal) G. Will marshland be crossed in transporting equipment to project site? If yes, explain no F-B 1 W. 10178 V. :intended Use of Project Area (Describe) A. l: Private 2. Commercial 3. Housing Development or Industrial res i dent i a 4. Other B. 1. Lotsize(s) average 1/2 acre - see plat 2. Elevation of lot(s) above mean high water 3 to 4 feet 3. Soil type and texture pure sand -- 4. Type of building facilities or structures none yet planned 5. Sewage disposal and/or waste water treatment A. Existing Planned ^ B. Describe septic tanks and cisterns 6. ILand Classification'(circle one) DEVELOPED 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 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 VII. Present rate of shoreline erosion (if known): variable - not known exactly Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State ro permits for .. work in project area, if applicable: �114wna- IX. Length of time required to complete project: 1 year X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant 'claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%2 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 r 2— i S =& 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. Eugenia B Esham P. O Box 310 Ocracoke N r 975AO racuse, 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 �landclearing. /nNT�RRUb ING & CONTRACTING CORPOZATION DATE Feb. 14, 1984 D " p an"�- Apt s Signature Pres.1 dent D&F-B2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS MAY 0 2'80 CA I I KS SU'-:DIVISION cpum, W IiYEIE CGU!�-;Y,N. C. S. if;C. AUG.19, 1978 P A M L I C O SOUND >CILE,.["= 100' - BRQGH— DEVELOPER -L 1- f 1. 3 3 "-'W. N -"4' )3 N 36-3i'W. 70.0!, '70 "2'2' N.24-09'w.. .43'10'W. .72.94' 70.7" 73.84' -7E; N.22-40 W. --75199, -3t, W. N.50-09'W. -2 7 --- c -7 C- X A 1 ;05 76.2, LO 31"V— dp SAI 4 3 t�6 (:2), 0 *0 C7) ct') .3 cla n v! .2E Li '904 N 31-14*,V 72.5' -v —L 7.5' 7 7' 0SS.SS'--`S. 3 2 '14 E. 70.0' lz C HARBOR COVE DRIVE < N.3 14'W. 600.0' Pond 6 67.5 67.5 67.5' 67 8 0' j B L 0 c K N 9 b bl 0 ba 0 L o 6 0.it 0 u; 04� Li 0 of L4 60" 67.5 '67.5' 68 0. c� BLC-C,, C b 6 0 cs yj 10 Wl 4 3 0', 6T.33, 67.33, 67.34' 107.24' t�777--j CANAL CANAL -;EIRS L A ND LOTS 110 T11- V 110 PROF. LOTS 117 THRU 123 7 i eyT'z"' �jcA I e.�vss' S.ecT�a�/ aF /°�Poj°osta 1'7�k� HTEVQ a c7vie c OOR COVE" c a Tz F 7 �^ 7 N ° _. _ n M STERCREEK BANKS SUBDIVISION ...c�n•C.�a Nr�c• �v� r�jo�+cl �i 1-p4y� iSHIP HYDE COUNTY,N.C. ,R.L.S.INC. — AUG.19, 1978 P A M L I C O, . _ S-OUN 17 SCALEI1"=10d ARAG, BRUGH— DEVELOPER -,u jKh-PA e. ho d - x7 31 7 1 /`( b _ Q f e 3 t.! �1 33 b 9. 3 Zit .. Z'f V / ``•.�Q. to be filled ,,: •t0 i to be excavated to depth of existing bottom at point in old bulkhead line at the dividing line between lots la.e•9 7 & S, except shoal in canal to be excavated to depth ' •• 6 feet at mean low water 0 1 • n,. a 1 t o 0 ' hM N f V ® C N 32°14'w. 72.5• 71.5. 71.57 TOW 7 1 55.63' S.]Y°14'E. 370.0 b �• S32.14'E. ) J l 91 g HARBOR H.3 °la'w. COVE 600.0' DRIVE 6626' a 300 675' - 07.3' 67.6' 67.5' 66.0' 67.33' 67.33' 6=.34' I 2 1 0 . 3 •LO K"01. CA BLOC 1'�C aw•� a b' b b' b Q b b b b 4j ` n e. r. e 0 o R e n,8-- M o 1 •d 2 3 4 $ 6 oa l t 2 3 j k4 Pond O. O: O O'f O: O: W: O C� i O t} �. i• d 1 ,` w • 4 • n .: w O r w w ► ` 5 PROP a OYvo Creek = a 2 M _ •i ` R M i •®i Ll q!•ri Q ' 66 675• 67.5' +67:3' i7.6 66.W 30' 6753' 67.35' 67.14'• 107.t4' 1 •+ !? �:• --- "CANAL _ ioon�- C NA Al' ^� r WA WIKSTROM t/EIRS LAND PROP, LOTS 117 THRU 623 LOTS 110 THRU II/ LiNE 1 This section 71 not to scale T- IL 77S' / / (1) Top of proposed bulkhead (2) Elevation of sand at proposed bulkhead line / ' (3) High water mark (4) Low water mark Note; Horizonal scale- 1 inch = 100 feet Vertical scale- Cinch = 4 feet This area to be excavated. Not to be excavated below high water mark except in canal. LIP a f FILL CRP V' lie. ,Qod /o' Lamy S{m +P1W /tTFra� L • /p• Lam i ,I �1 esvn'}'�¢si,o,J 1)n,r14R1i. Notes: (1) The 10 lots fronting on the proposed W ►1Gd rom K. bulkhead has a' land area of approximate],, AN el.�. •�^ ar 41 acres. (2) The access channel has an existing depth - immediately landward of shoal of S to 10 feet below mean low water mark and 5 to I feet below mean low water mark immediate' soundward of shoal. ¢ -- -- -- Bay Dredging b Contracting Corporation ro SCp/G Ocracoke Island, Hyde county, /ICG. ra " fi 15 2 10 '.� � .�..nr:nn:l r:l l w.1- u1e' ,60 12 /V/ SSA • 1p S A/ S SA_ - ''00 /'-' Y a 15 13 -.190 U IS 19 / .-17 19 15 13 Ar 9U 16 . 9Y 5 12 13 0 IB' //Fsej" I6 15 B 13 14 13 13 ` I6 19 iCsb!� A 13 13 g • F1 G 4sec 15k SM� 1" / 11 `1I 316 13 to / IV 1Ra6ec10 M4M'14- II 11 Ra Ref 16/ i 12 a,11 PAn �, -6 Ra ReIRA 10 hrd 1 t 9 9 / /I6 rl2 _sac 5M'L• _ j., Ard B 16 / 15� 10 Ard RaP-_i �. 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Hunt, Jr., Governor 'James A. Summers, Secretary � N Mr. James A.-Murphy,l—Jr. Bay Dredgin ontracting Corp. P. Tox 2191 Virginia Beach, Virginia 23450 Dear Mr. Murphy: Field Services 108 South Water Elizabeth City, (919) 338-1558 March 28, 1984 OFFICE OF COASTAL MANAGEMENT David W Owens Director Telephone 919733-2293 Street N. C. 27909 The Department of Natural Resources and Community Development hereby acknowledges receipt of your application for State approval to construct a bulkhead and excavate an access channel on property owned by the Bay Dredging and Contracting Corporation at Ocracoke Island in Hyde County. Your application was received in our office on February 21, 1984. The material you have submitted appears adequate for processing at this time. Additional information may be required after further review of your proposal by other State and Federal agencies. Please contact this office at any time if you have any questions regarding the status of your application. Sincerely, '&""/�.&40T�' George H. Wood Field Consultant GHW/fob uist: Preston Pate Hugh Heine, Corps File P.O. Box 27667 Raleigh, N. C. 27611-7687 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402 IN REPLY REFER TO March 2, 1984 Regulatory Branch SUBJECT: File No. SAWC084-N-048-0142 Bay Dredging and Contracting Corporation Post Office Box 2191 Virginia Beach, Virginia 23450 Gentlemen: 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 February 29, 1984, for a Department of the Army permit to deepen a channel and construct and backfill a bulkhead on Pamlico Sound at Harbor Cove on Ocracoke Island, Hyde County, North Carolina, indicates it to be a candidate for Federal authorization under this generalpermit. Accordingly, the administrative processing of your applicati n will be accomplished by the Nort Carolina Of ice of Coastal 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 notified and informed of its further management in writing. 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 has been assigned application No. SAWC084-N-048-0142 and will be coordinated by Mr. Hugh Heine, telephone (919) 343-4642. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure