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HomeMy WebLinkAbout74-75 Renewal Belhaven Feed Mills IncSI;1Iv of North l molin.l If- I\nlrticnI ill III ommirc•, and (onnnlnnty I)t•vt.loptfit, nl 4" PERMIT I O h \('A\' %l 1. %ND OR I Ill I'ernti( No. - 74-75 (Re. N.I. l .ti. 113 29) 1'cnni( ('lass Issord to: __�__. _____ Belhaven Feed Mills, Inc. 2nd Renewal/Completion 0. Box_278,.Pantego, North Carolina 27660 — Thk permit authorizes excavation :old/ol Whop In _. Beaufort County, N.C. Pantego Creek (adjacent to Hwy. 92 bridge) al __ . _—. is requested in the penniltee's application dated __!Z , .Z5J Incl. plat schedule in_Cond. #1__ _.-. subject to the conditions set forth below. (1) That the project be carried out in accordance with plats 1 of 7 dated 8/30/74; 2 of 7 dated revised 10/23/75; 5 of 7 dated 1/3/751 6 of 7 dated 1/3/751 and 7 of 7 dated 12/19/74. ,,,mt P (2) That an earthen (,Lug be left between the proposed basins and Pantego and sumach Creek.-; moil excavation landward of the plug is completed. (1) That all excavated materials be confined above MHW and landward of 3 rogularly or irregularly flooded marshland. (d) That tit,- slxtilarea lit- seedod, grassed, or otherwise stabilized within tour wcuks of ConsLrurtion so as to prevent undue erosion of the spoil matria.l w.tLh Lho rcr,ullaut i:olid materials ent.oring into adjacent waters. (',) That. Ill,, bulkhead mu:;l not. b" can:;tructCd beyond the normal high water mirk alunq the outiro Ltmtlth of OS alignment- [ Sec Iho attached she,A for Additional Conditions ) 11 It F A!i(IYL CONMI IONS \NI) 1111 PI ANS \NI) Sill( I1-11 \ I IONS SUBMITTED AS PART OF THE AI'I'LICAIION iWil FRF NO IN CONLIIt' I NI"III Ill I. ('ONDIIIONS) ARE NOT FOLLOWL:D PRE- CISIIY,1111:1'I{RNIITllI. ISSUIULCI 10 %IIN1.IMI'RlSONINIFNT,ORCIVIL ACTION ASPROVID- 1 1) IN G.S. 113-2 9 (h) AND I I I. I .Is Iennil 111,1N Ir ol\lected to by the pcnuilbr \\-Ibul I rnt\ ()) days of the date of issuance. Faihnre to albnlil Such olljeclion shall he uilrl pn•u•d :o .In .hest menl of Loinpliancc with all permit conditions. IllN permit mull he displ:q ctl Aotlt, \\ilh ropt .,I Ili::glplicll on an,l the project plat in the cab (or pilot- hou,o) of the ctluil,mrul \\oI! illy, on Iht Ininr, I. ,4 lit- randy .u, -• sthlc. on site, to Department personnel \\lien Ihr I,tajecl 1vinspccicd \m ncun1cliance moll, of 11 I,,I nlo,h!tt.Ill,nl Ictluucs lutlh, IR parinlenhd approval. Subject to permit I C.I Cw:II• all work Inns( \rase \then Ili, lit" nnl Irl;11111:11 I IIIN liellil11 lellnillllleN oil December 15, 1979 Cillnod by the authority of the Secretary December 18, 1978 E. alton cn , Deputy Secretary ks olnlc Date partment Natural Resources Commonity Development 1 otnl D& F-1. RcoNrd 7 77 Belhaven Feed Mills, Inc. Permit, No. 74-75 Page 2 of 2 ADDITIONAL CONDITIONS (6) That no excavated or fill materials be placed at any time on the marsh located on the east side of Sumach Creek. (7) That all wastewater produced as a result of the operation of the Marina, or any other facility developed on this site, is discharged into the Belhaven Municipal Sewer System. (Approval by the Division of Znviron- mental Management of the issuance of this permit should not be construed by the applicant or the Town of Belhaven as approval of the facilities, i.e., sewer lines, pumping stations, etc., which may be necessary to satisfy this condition). (8) That erosion be controlled on all spoil and disturbed areas. (9) That any ship wrecks and/or archaeological material claimed by the State (re: plat 7 of 7) be removed only after consultation with the Division of Archives and History. E. Walton Jones, Deputy Secretary Department of ral Resources & Community Deve opment ate �y Div. Marine Fisheries / PO Box 769 Morehead City, NC 28557 October 16, 1978 MEMORANDUM TO - John Parker From Doug Nelson Subject Req. for Permit renewal Belhaven Feed Mill 74-75 We have no objection to the renewal of this permit with the following ex- ception..... Change Condition No. 7 to read as follows: (7) That all wastewater produced as a result of the operation of the Marina, or any other facility developed on this site, is discharged into the Belhaven Municipal Sewer System. (Approval by the Division of Environmental Management of the issuance of the permit should not be construed by the applicant or the Town of Belhaven as approval of the facilities, i.e., sewer lines, pumping stations, etc., which may be necessary to satisfy this condition). Doug Nelson DO � DIVISION OF North Carolina Department of Natural MARINE FISHERIES Edward G. McCoy Resources &Community Development Director Box 769, Morehead City 28557 James 8. Hunt, Jr., Governor Howard N. Lee, Secretary Telephone 919 726-7021 E. Lee Barham, Jr. Lifi�y Director 76,Bk Ra iBh 27611 October 9, 1978 MEMORANDUM TO: Review Agencies FROM: John Parker SUBJECT: Request For Permit Renewal T artment has receive a us ider a renewal of permit 74-1 that was issued- aven Feed Mills, In in May of 1975 for marina complex on Pants o was modified in December of that year and renewed for one year in January of 1977. The permittee states in his letter of request that the project has not been completed. In this review for second renewal water quality and health aspects should especially be covered. Any comment that you wish to submit on this request should be forwarded by October 31 in order that action can be taken. Enclosures A/o 7, — Alo7 An Epuul OpporlunRy Affirmoove AMon Employer STATE OF NORTH CAROLINA I)F,PARTMENT OF NATURAL AND ECONOMIC RESOURCES un. 27637 IAMES E. HARRINGTON SECRETARY TELEPHONE w9EA CODE U19-829-064 MEMORANDUM TO - Jim Brown From Doug Nelson Subject App. for State permit a . Location Hyde County - Belhaven Raleigh 27611 IAMES E. HOLSHOUSER, IR. GOVERNOR Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 March 3, 1975 - Pantego Creek Landing Marina & Yacht Club (Belhaven Feed Mills, Inc.) 1-13-75 Investigative process - App. rec. Morehead 1-20-75, modification requested 1-29-75. Rec. in Mhd. 2-14-75. Environmental setting - The project is located at the site of the long abandoned saw mill which consists of several buildings and ruins and considerable grown-up adjacent property. The site is bounded on the north by US Hwy. 264, which is,the main street of Belhaven, on the east by-Cargill,.--.Inc.-grain-elevators, on the south -by the Panteo Creek, and on the west by US Hwy. 92. Sumach Creek, a relatively short and wide creek which ends in a drainage ditch, is located at the boundary line on the east -side. The overall outline of the entire tract is shaped somewhat like a peninsula. The Belhaven Feed Mill is located fronting US 92 on the northwest corner of the property. An existing canal borders US 92 on the west side. Adjacent'to this existing canal is a dug canal which is approximately 100' in width, running some 450-500' inland from Pantego Creek. An existing spoil pile runs approximately half or more the length of this creek on the east side. The area around the peninsula immediately fronting Pantego Creek con- tains a border which is comprised of mixed marsh species. This border varies in width from 1-2' to as much as 15-20' and contains primarily black needlerush (Juncus roemerianus), saw grass (Cladium jamaicense), salt meadow grass (Spartina patens), interspersed with marsh elder (Iva frutescens) and myrtle. Around the southern edge of the peninsula, a sandy berm h'as formed immediately behind the discontinuous marsh line which has resulted in the ponding of water on the interior portions of the property. Interspersed throughout the interior of the site are pockets of ponded water which contain.saw grass, marsh elder and cattail. The remainder of the interior portion of the peninsula section of the site is vegetated with a mixture of briars, wooded species, stunted trees, and considerable.,. brush. TEA On the east side of Shurgach Creek the creek border is vegetated with a mixture of needle - rush and salt meadow grass'. Immediately behind this marshland,fringe, is located two pockets of giant cordgrass (Spartina cynosuroides).- The remainder of this portion of the site is primarily vegetated with myrtle and marsh elder, interspersed with other wooded species. The attached field copy of plat provides more details relative to vegetative types. Located immediately offshore of the site, and lying in Pantego Creek proper, are a con- siderable number of sunken barges, boats, debris,'piers, pilings, 'etc. which,will re- quire removal at some point during the construction,of this facilikj (proposed one). ar_F•. -s -2- Project description - The applicant proposes to construct a marina yacht club and motel at the site. The major portion of the excavation proposed will consist of two large boat basins and a boat ramp. A total of some 120,000 cu.yds. of spoil material will be deposited over a highland area adjacent to the excavation sites. A bulkhead running some 5,2n0 linear feet around the project site will be constructed at or above the MHW line. Two breakwater/piers will be constructed out in Pantego Creek. It is proposed that eventually over 500 boat slips will be constructed shoreward of the break- water. Environmental impact - Accompanying the application was a report giving or setting forth the details of the proposed facility and including a brief environmental impact statement covering its construction and operation. My comments relative to this EIS are as follows: Section 2 (B) contains a statement which says "no marshland, wildlife habitat,, or es- tuarine fisheries habitat will be destroyed, damaged, or otherwise degraded by con- struction of "The Landing." While it is true that little, if any, estuarine fisheries habitat will be destroyed, the marshland fringe which is now present along the edge of the site, as well as some marginal wildlife habitat, will be damaged or destroyed. 1, The water area proposed for inclusion iii-the project is at -present little utilized by commercial -and/or sports fishermen.' -This -is primarily due'£o the inaccessability of the area due to sunken vessels and extensive old pilings. Doug Nelson �I J r, J— State of North C:u ulm:r Page 1 of 2 Department of Natural and Fcunamic. Resources - PERMIT TO EXCAVATE AND/OR FILL Permit No. 74-75 (Re: G. S. 1 13-229) Permit Class Issued to. Belhaven Feed Mills, Inc. 1st Renewal/ P. 0,'Box 278, Pantego, North Carolina 27860 Completion` This permit authorizes excavation and/or fill work in Beaufort County, N. C. at Pantego Creek (adjacent to llwy. 92. bridge) as requested in thepermittee's application dated 1/13/75 & attached plats (SPe plat Fc .edu7 e b 1 n.,)subject to the conditions set forth below. (1) That the project be carried out in accordance with plats .1 of.7 dated 8/30/74; 2 of 7 daied revised 10/23/75; 5 of 7 dated 1/3/75; 6 of 7 dated 1/3/75; and 7 of 7 dated 12/19/74. (2) That an earthen plug be left between the proposed basins and Pantego and Sumach Creeks until excavation landward of the plug is completed. (3) That all excavated materials be confined ahove MHW and land — .:ward of regularly or irregularly flooded marshland: (4) That the spoil area be seeded, grassed, or otherwise sta— bilized within four weeks of construction_ so as to prevent undue erosion of the spoil material with the resultant solid materials entering into adjacent waters. ( See attached sheet for additional conditions.] THAT IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION (WHERE NOT IN CONFLICT WITH THE CONDITIONS) ARE NOT FOLLOWED PRECISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G. S. 113-229 (K) AND (L). That this permit may be objected to by the permittee within twenty (20) days of the date of issuance. Failure to submit such objection shall be interpreted as an agreement of compliance with all permit conditions. That this permit must be displayed along with a copy of the application and the project plat in the cab (or pilot -house) of the equipment working on the project, or be easily accessible, on site, to Department person- nel when the project is inspected. That any maintenance work or project modification requires further Departmental approval. Subject to permit renewal, all work must cease when permit terminates. This permit terminates on January 31, 1978 January 26, 1977 ksuing Date: _ . wd .1; 76 Signed by the authority of the Secretary of the Department of Natural & Economic Resources _ lidward G. p4c 'o , Director Division of Marine Fisheries / ` Belhaven Feed Mills, Inc. Permit No. 74-75 January 26, 1977 Page 2 of 2 ADDITIONAL C014DITIONS (5) That the bulkhead must not be constructed beyond the normal high water mark along the entire length of its alignment. (6) That no excavated or fill materials be placed at any time on the marsh located on the ea t side of Sumach Creek. (7) That all wastewjL er produced as a result of the operation of the Marinas discharged into the Belhaven Municipal Sewer System. (Approval by the Division of Environmental Management of the issuance of the permit should not be construed by the applicant or the Town of Belhaven as approval of the facilities, i.e., sewer lines, pumping stations, etc., which may be necessary to satisfy this condition.) (N) That erosion be controlled on all spoil and disturbed areas. (9) That any ship wrecks and/or archaeological material claimed by the State (re: plat 7 of 7) be removed only after con- sultation with the Division of Archives and History. ��,� n„ Edward G. McCoy, Direct r Division of Marine Fisheries Pill k-h ".-d MM .1 1 �-:-1. >,!N KEN tja-a:•� f 3YP...G> All A_.. Tv i"a Re�nw e0 Fa2 OaOn�A.- A..•GiY - - ---- - ---- ----- m d Aft North Carolina Department of Natural JR, Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary FICE OF �F CO TA MG 4 ANAE .(v1ENT,l e nn nae th�D.,Stewart Director Box 27687. Raleigh, N.C. 27611 Telephone 919/73a2293 LAU VEi� Field Services Section P.O. Box 1507 Washington, NC 27889 (919) 946-6481 I98O 3 4 August 1980LLMr. Charles H. Davis, Jr.P Planned Development Services P.O. Box 1691 Hickory, North Carolina 26601 Subject: Proposed Marina Belhaven Feed Mills, Inc. Pantego Creek Beaufort County Dear Mr. Davis: This letter confirms the conversation between you and your party; Mrs. Margarette S. Laughinghouse and her party; Mr. Steve Brown, U.S. Army Corps of Engineers;,and representatives of the Office of Coastal Management at the Washington Field Office on 29 July 1980. As I stated to you, Oif`L2i Coastal gement wi ccept an appl-cation for the wall of state p rmit no. 74-75 ..h ch was iss ed to Belhaven Mi c. on 18 December 1978 and which exp ed on 15 December 19 , if the foliow, conditions a met: (1) the completion of an updated application form; (2) the submittal of new plats drawn to scale showing proposed work; (3) the submittal of a deed to the property, or a letter of intention to purchase. Upon submittal of the required material this office will review your proposed project. As you recall I stated that for this office to be able to renew the previous permit no additional work than that which was previously permitted may be proposed. No additional excavation may occur, no fill may be placed in new areas, no extension of piers, etc. You must be willing to accept all of the conditions as stated on the previous permit. Also as you recall I stated that no Major Development permit will be required for your proposed project because it appears that Belhaven Feed Mills, Inc. had obtained all appropriate state and federal permits as of 1 March 1978, to conduct the proposed project. If however you change the proposed project so that the previous permit cannot be - Mr. Charles H. Davis, Jr. Page Two reissued, resulting in a new Dredge & Fill permit being required,then the.Coastal Area Management Act Major Development permit will be required and the entire project will be reviewed by the present standards that have been adopted by the Coastal Resources Commission. If I can be of any assistance to you as your plans for the marina progress do not hesitate to contact me. Sincerely, All David L. Gossett Environmental Consultant DIG:aht cc: eston Pate - Chief, Field Services Section, OCM Steve Brown - U.S. Army Corps of Engineers John Parker - Permits Coordinator, OCM W.P. Pinna Margarette Laughinghouse