Loading...
HomeMy WebLinkAbout156-82 Town of Belhavenv Permit Class Permit Number New STATE OF NORTH CAROLINA 156-82 Department of Natural Resources and Community Development and Coastal Resources Commission RECEIVED . Vertult 20 1992 for DEC 0 Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 3 Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Belhaven, P. 0. Box 220, Belhaven, N. C. 27810 authorizing development in Beaufort County at Pantego Creek & Wynne's Gut as requested in the permittee's application dated 10/14/82; including attached plat dated 9/28/82. This permit, issued on December 15, 1982 , 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 perrnittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead will be positioned on an alignment an average of 3 feet waterward of the normal water level (NWL) elevation contour. At no point along its alignment will it be positioned further than 8 feet waterward of the NWL elevation contour. (2) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. NOTE: The work authorized by this permit is certified under Section 401 General Water Quality Certifications No. 1272 for bulkhead construction & No. 1431 for boat ramps. NOTE: A copy of this permit is being forwarded to the Department of Administration, State Property Office, from which you must receive a letter of authorization prior to proceeding with your project. 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 December 31, 1985 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 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 Permittee DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402 .. .Iris ncren lV SAWC083-N-007-0012 Mr. John Parker N.C. Department of Natural Resources and Community Development PO Box 27687 Raleigh, NC 27611 November 1982 Dear Mr. Parker: Reference the application of the Town of Belhave5I/ for a Department of the Army permit to construct, repair, d backer bulkhead, construct a launching pier, and maintain a boat access area on Pantego Creek and Wynne's Gut at public boat ramp facilities in Belhaven, 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: 1. The bulkhead will be positioned on an alignment an average of 3 feet waterward of the normal water level (NWL) elevation contour. At no point along its alignment will it be positioned further than 8 feet waterward of the NWL elevation contour. 2. All excavated material will be placed and retained on high ground or landward of the newly constructed bulkhead. Questions or comments may be addressed to Mr. Steve Brown, telephone (919) 343-4632. Sincerely, CHARLES W. HOLLIS Chief, Regulatory Functions Branch OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT Steart Resources &Community Development Kenneth D-Di ector James B. Hunt, Jr., Governor Joseph W. Grimsl T gpane n33-2293 CEIV�ll-.. u � r 27 1982 25 October 1982 Mr. Kenneth D. Stewart, Director Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Stewart: The attached copy of an application submitted by: Town of Belhaven cant's Pantego Creek & Wynn's Gut Beaufort Location of Project County for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... RR 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 November 1982 SrNerely, John R. arker Jr. Permit Coordinator JRP:bli:2480 P. 0. Box 27687 Raleigh, N. C. 27611 7687 An Equal Opportunity Affirmative Action 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. (1) All fill material to be placed below.normal water level will be confined behind the permitted bulkhead. (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 Fe�gencies). signed OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name Town of Belhaven 2. Location of project site Beaufort County, Town of Belhaven, Pantego Creek and Wynn's Gut just downstream of Hospital; No photo 3. Investigation type: Dredge & Fill' CAMA XX 4. Investigative procedure: (A) Dates of site visit 10/'.5/82 (B) Was applicant present Yes 5. Processing procedure: Application received 10%I5/82 Office Washington 6. Site description: (A) Local Land Use Plan Town of Belhaven Land classification from LUP Conservation Development constraints identified in LUP None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline Coastal wetlands Public trust waters XX Estuarine waters Other (C) Water dependent: Yes No XX Other (D) Intended use: Public XX Private Commercial (E) Type of waste water treatment: Existing ' N/A Planned N/A (F) Type of structures: Existing. Boat ramp, deteriorated pier and bulkhead Planned Bulkhead, pier (G) Estimated annual rate of erosion + 3' per year Source Personal observation 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other None None None (B) Non -vegetated wetlands: (C) Other: Open water + 1,800 sq.ft. + 1,200 sq.ft. (D) Total area disturbed: + 1,800 'sq.ft. + 1,200 sq.ft. 8. Project summary The applicant is proposing to construct 400 linear feet of bulkhead to retard erosion and to reclaim land recently lost to erosion. The bulkhead will average ± 3' beyond the normal water level and will be + 8' at the furthest point. Also proposed is the construction of a 12' x 4' pier, and the excavation of a 60' x 30' x -4' deep NWL area in the vicinity of the boat ramp. 9. Narrative description The Town of Belhaven owns a piece of property which is currently being used as a public boat launching facility, picnic area, and a mooring area for commercial fishing vessels. The launching ramp is located on Pantego Creek and the mooring is occurring within Wynn's Gut. Existing at the site is a concrete boat ramp, picnic shelter, and approximately 250' of deteriorated bulkhead along Wynn's Gut. That portion of the property along Pantego Creek is not bulkheaded and therefore, erosion is occurring. On the north side of the applicant's property is Pungo District Hospital whose property is already bulkheaded. On the south side of Wynn's Gut is Belhaven Fish and Oyster Company. Immediately offshore of the existing boat ramp is a shallow area which is causing navigation problems to vessels. At this time the applicant is proposing several activities: (1) The construction of 400' linear feet of bulkhead along Pantego Creek and along a portion of Wynn's Gut. The bulkhead will average + 3' beyond the normal water level and will be + 8' beyond the NWL at the furthest point. (2) The construction of a 12' long by 4' wide pier beside the existing launching ramp to aid boaters. (3) The excavation of a 60' long by 30' wide by -4' deep NWL area immediately off- shore of the launching ramp. The existing water depths, within this area, are -2' NWL. The excavated materials will be used as backfill behind the proposed bulk- head. 10. Environmental impact The project as proposed should have a minimal environmental impact. Approximately 1,800 sq.ft. of hard sandy bottom habitat will be excavated and + 1,200 sq.ft. of the same type area will be filled landward of the proposed bulkhead. Some short term turbidity will occur during excavation aspects of the project. J bmitted by David L. Gossett Office Wash gate 25 October 1982 APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL lo't5'81" WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATERCAMA 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 113.229,143d1S.3(a)(1),143.21S.S(c),113A•11g (33CFR 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- Town. of Belhaven ATTENTION: Mr. Steve Weatherman Town Manager Last First ' Middle ' B. Address 220 Street, P. O. Box or Route Belhaven North Carolina 27810 (919) 943-3105 or State II. Location of Proposed. Project: A. County Beaufort B. 1. City, town, community or landmark Town of Be 2. Is proposed work within city ilmits? Yes x No C. Creek, river, sound or bay upon which project Is located or nearest named body of water to project Pantego_ Creek and Wynne's Gut III. Description of Project A. 1: Maintenance of existing project Yes 2. New work Replace Deteriorated Bulkhead i B. Purpose of excavation or fill 1. Access channel N/A length width depth 2. Boat basin access to ramp length 60' width depth 4' 3. Fill area eroded areas length 25' width _ a' depth 2.5' 4. Other N/A length width depth C. 1. Bulkhead length 400 L. F. Average distance waterward of MHW (shoreline) 0 2. Type of bulkhead construction (material) Treated Timber D. Excavated material (total for project) 1. Cubic yards 150 2. Type of material Sand and Mud E. Fill material to be placed below MHW (see also Vl. A) 1. Cubic yards 6 2. Type of material 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 1. Location Yard area outside of parking lot (see plat) 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? Behind bulkhead. Yard area to be F. Type of equipment to be used .—Oracil i ne and Backhoe G. Will marshland be crossed in transporting equipment to project site? If yes, explain DA F•B 1 Rev. 10/7e V. Intended Use of Project Area (Describe) A. 1. Private N/A 2. Commercial 1 emporarY aoc 3. Housing Development or Industrial 4, Other Public boat ramp B. 1. Lotsiae(s) N/A 2. Elevation of lot(s) above mean high water N/A 3. Soil type and texture N/A 4. Type of building -facilities orstructures Picnic Shelter (existing) boat ramp (existing) and S. Sewage disposal and/or waste water treatment A. Existing yes ' Planned N/A B. Describe Public toilets adjacent Front Street on municipal s stem. 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY' RURAL j CONSERVA THER(SeeCAMALoalLand. Use Ilan 'Synopsis) VI. PertaininS 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 (_ 2 Type of discharge N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known): approximately 6' per year average Vlll. List permit numbers add issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, If applicable: None IX. Length of time required to complete project: Six weeks 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 8K 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 aQjacent riparian landowners by 1egistered or certified mail or by publication (G.S. 113-229 (d))Enter a served see a ar ad anoroval s ) D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such 6wners have 30 days in which to submit comments to agencies listed below. Pungo District Hospital Front Street, Belhaven, N.C. 27810 Belhaven Fish'and Oyster Co P.O. Box 100 Belhaven. N.C. 27810 XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity compiles with the State of North Carolinals approved coastal management program and will be conducted in a Tanner 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 October 14, 1982 D&F•62 Rev. 10178 .V r - Applicant's Signature SEE REVERSE SIDE FOR MAILING INSTRUCTIONS 19 / II EXCAVATE /3.5/ I ' FENDER I PILE 7. I * ®' TIE BACK ---'f 7C' 7 FILL � \EXIST. GROUND DEAD ,WOOD SHEET PILING BULKHEAD DETAIL �I MAN j &Pt:LHAVr_N ^? VICINITY MAP NOT TO SCALE NOT TO SCALE Off �y �PR 0 511kV ' � \� / Q JNGO 9JI'*��PO 9��5 J50� OP sp.. \2' TER J�PICNIC 9HEl 1 /1 ' EXIST. / �4' PIER USE EX PILES REMOVE �. t PROP 12 / IST. PILES` EXIST- RAMP ' BOAT pGf'O / 1 i60� �1 ;b EXIST. PILING) TYP. 71�� I EXCAVATE BOAT ACCESS TO 4' BELOW M.H.W. 0�J �J P LACE REBULKHEADRE \ EXIST• NEW BULKHEAD, SOS\�G OF �fP 1 PROP. N 0\9 / J4 �{ I 'SEE DETAIL � G Q�P e0 i SHORELINE, TYP��/ y0// �5 ,L Q�Of\SJ /J iJ FILL o� g C'P,f y REMOVE RUINS AND PILING j11 OLSEN tUAl O / � PROPOSED BULKHEAD BELHAVEN , N.C. BEAUFORT COUNTY—N.C. SCALE, I"- 50' SEPTEMBER 28, 1982 ASSOCIATES, INC. ENGINEERS 6 SURVEYORS L'i15) 752-1137 GREENVILLE, N. C. P. O. BOX S3 Q C. DUNC..N-PAPNELL. INC.. CHARLOTTE ]O 1100.10 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402 IN REPLY REFER TO SAWC083-N-007-0012 Mr. Steve Weatherman, Towp Belhav ru ox LZV Belhaven, NC 27810 Dear Mr. Weatherman: Town Manager OCT 1982 I tober 1982 After extensive coordination between North Carolina and Federal agencies, a general permit No. SAWC080-N-000-000291 (inclosure 1) was issued on 27 January 1981, by Colonel Robert R. 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 (LAMA) 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 15 October 1982 for a Department of the Army permit to repair a bulkhead with fill and maintain a boat access area on Pantego Creek and Wynne's Gut at public boat ramp facilities in Belhaven, Beaufort County, North Carolina, indicates that your proposal is a candidate for Federal authorization under this general permit. Accordingly, the processing of our a 1' ation will be accomplished by the N.C. Office of oastal Management. 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: 1. -There is an unresolved objection from any Federal agency. 2. 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 agency responsible for water pollution control (N.C. Division of Environmental Management) must certify that the discharge will not violate applicable Water Quality Standards. j SAWC083-N-007-0012 26 October 1982 Mr. Steve Weatherman, Town Manager 3. 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. 4. 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 begin work. Your application has been assigned application No. SAWC083-N-007-0012 and will be coordinated by Mr. Steve Brown, telephone (919) 343-4632. He is available to address questions or comments you may have. 1 Incl As stated Copy Furnished: ' Office of Coastal Management N.C. Department of Natural Resources and Community Development PO Box 27687 Raleigh, NC 27611 Water Quality Section Division of Environmental Management N.C. Department of Natural Resources and Community Development PO Box 27687 Raleigh, NC 27611 Sincerely, CHARLES W. HOLLIS Chief, Regulatory Functions Branch U.S. Fish and Wildlife Service 310 New Bern Avenue Raleigh, NC 27601 National Marine Fisheries Service NOAA PO Box 570 Beaufort, NC 28516 U.S. Environmental Protection Agency Ecological Review Branch 345 Courtland Street, NE Atlanta, GA 30365 Office of Coastal Management Mr. David Gossett N.C. Department of Natural Resources N.C. Office of Coastal Management and Community Development 1502 N. Market Street PO Box 769 Washington, NC 27889 Morehead City, NC 28557 2