Loading...
HomeMy WebLinkAbout74-75 Belhaven Feed Mills IncState of North Carolina Department of Natural and Economic Resources 0r 6 Issued to: PERMIT Permit No. 74-75 TO EXCAVATE AND/OR FILL (Re: G. S. 113-229) Belhaven Feed Mills, Inc. C� p P. O. Box 278 Pantego North Carolina 27860 Street Town -City State -Zip Code This permit authorizes you to excavate and/or fill in Hyde County, N. C. at Pantego Creek (adjacent Hwy. 92 bridge) as requested in your application 1/13/75 & attached plats (see plat schedule below) dated subject to the conditions set forth below. * That the project be carried out in accordance with plats 1 of 7 dated 8/30/74, 2 of 7 dated 8/31/74, 5 of 7 dated 1/3/75, 6 of 7 dated 1/3/74 and 7 of 7 dated 12/19/74. r� * That an earthern plug be left between the proposed basins and Pantego an Sumach Creeks until excavation landward of the plug is completed. U? roto, * That all excavated materials be confined above MHW and landward of regularly or irregularly flooded marshland. * That the spoil area be seeded, grassed, or otherwise stabilized 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.] THIS PERMIT WILL BE VOIDED AND WORK STOPPED 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. PERSONS FOUND GUILTY OF A VIOLATION UNDER G. S. 113-229 ARE SUBJECT TO A FINE OR IMPRISONMENT, OR BOTH. This permit, (as approved with conditions), may be objected to by the applicant or by interested State agencies within twenty days of the date of issuance by giving written notice to the issuing office. If the applicant does not submit an objection, this will be interpreted as an agreement of compliance with all permit conditions. This permit must be displayed along with a copy of the application and the project map in the cab (or pilot -house) of the vehicle working on the project, or be easily accessible on site to Department personnel when the project is inspected. Notify: Permit Section, Division of Marine Fisheries, Box 27687, Raleigh, North Carolina, 27611 when the project is completed. Any maintenance work or additional work on the project subsequent to the termination of this permit requires permit renewal and/or modification. This permit shall terminate on December 31, 1976 Issuing Date Form D&F-g RovkPri 10r7d May 19, 1975 Signed by the authority of the Secretary of the Department of Natural & conomic Resources Edward G. Mc oy, Commi sio Belhaven. Feed Mills, Inc. Page 2-of 2 ADDITIONAL CONDITIONS Permit No. 74-75 May 19, 1975 * That the bulkhead must not be constructed beyond the normal high water mark along the entire length of its alignment. * That no excavated or fill materials be placed at any time on the marsh located on the east side of Sumach Creek. * That all wastewater produced as a result of the operation of the Marina 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 i_ approval of the facilities, i.e., sewer lines, pumping stations, etc., which may be necessary to satisfy this condition.) That erosion be controlled on all spoil and disturbed areas. * 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. Edward G. McCoy, Director Division of Marine Fisheries NERNorth Carolina Department of Natural & Economic Resources JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY March 3, 1975 Date Mr. James T. Brown, Chief Estuarine Studies Section Division of Marine Fisheries Box 769 Morehead City, North Carolina Dear Mr. Brown: The attached copy of an application submitted by: Pantego Creek Landing Marina & Yacht Club Applicant's Name Belhaven Hyde County Location of Project DIVISION OF COMMERCIAL AND SPORTS FISHERIES BOX 2168), RALEIGH 27611 TELEPHONE 919 829,3)6) County for a state permit to perform excavation and/or fill work in coastal North Carolina 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 to the Division of Marine Fisheries not later than ENTIRE FILE ATTACHED. Sincerely, LLT:dah L. Leo Tilley, Assistant Director Division of Marine Fisheries (Please use reverse side for comments and signature.) FIX (A) This agency interposes no objection to the proposed work. ❑ (B) 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. El(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 ripar- ian 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. LX (C) Agency findings relating to item(s) A and/or B are hereby summarized. Summary continued on attached sheet. No objections with the following conditions: (1) That an earthern plug be left between the proposed basins and Pantego and Sumach Creeks.. (2) that all excavated materials be confined above I11W and landward of regularly or irregularly flooded marshland... (3) that the spoil area be seeded, grassed, or otherwise stabilised within four weeks of construction so as to prevent undue erosion of the spoil material with the resultant solid materials entering into adjacent waters. (y)%iraf n.u.c/we Ce+.l tivo%.� Qf' 1�ie norissa/ {i,��i tJa/4-y�wK a./a9 ice nelsF- e.,/i'l[ /�,lb � .%d a/.�H+�en% C�J T� �+o af�aw%� o;- o:// m�•�`,-,"./ 6r pla�.�( a.F � t6+�� c+. � �5�• V �i141d� /�GL„IOI Oy � FQiO' C, 1� ❑ (D) Comments are submitted that do not directly relate to item B but are relevant to the public interest. (These comments will be forwarded by the Department of Natural and Economic Resources to appropriate State or Federal agencies.) J. T. Breen Signed 3-3-75 Date ST6TT, OP NORTH CAROLINA DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES 6u. 2'G37 FAMES E. HARRINGTON SECRETARY TELEPHONE AREA CODE 90-ed9-OM MEMORANDUM TO - From Subject Raleigh 27611 er a� �1 µ}IES E. HOLSHOUSER, JR. GOVERNOR Div. Marine Fisheries PO Box 769 Forehead City, NC 28557 March 3, 1975 Jim Brown Doug Nelson App. for State permit - Pantego Creek Landing Marina & Yacht Club (Belhaven Feed Mills, Inc.) 1-13-75 Location - Hyde County - Belhaven 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 uiiioii ends in a d,ai.nage 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 taiiis 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 has 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. On the east side of Shumach 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 tmoded 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 facility (proposed one). -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 gr;w0O 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. The water area proposed for inclusion in the project is at present little utilized by commercial and/or sports fishermen. This is primarily due to the inaccessability of the area due to sunken vessels and extensive old pilings. Doug Nelson J ROBERT M. CHILES. P.E. [NGINEnRS, CONSULTANTS • MARINE SURVEYORS 96• TRYON PALACE DRIVE P. O. BOX 3494 NEW BERN, NORTH CAROLINA 28560 9) 631-4702 9) 63S-2346 , 1975 .17 To: Mr. Doug Nelson N. C. Department of Natural & Economic Resources Division of Commerical & Sports Fisheries P.`0. Box 769' Morehead City, NC 28557 Subject: Pantego Creek Ianding, Marina & Yacht Club ./" Enclosures: (1) Revised sheets 1 and 2 of sketches submitted prevIdGly with our application for permits for the subject marina. Dear Doug: Enclosed are the revised sketches for proposed construction of the subject marina. I have addad the proposed bulkhead line and water depths as you re— quested. We still desire the pier arrangement as shown and if a state easement is required, we would request that it be granted. We feel that the arrangement .shown is necessary for the following reasons: 1. $ offshore pier structure as proposed will provide the necessary protection from wave action the marina customers will require. 2. The economics of the proposed marina is based on a boat capacity requiring the dock space as shown. 3. The internal marina dock structures and mooring arrangements can be.more economical with some protecti on from wave act}on. . We feel that the proposed marina is in the best interest of the citizens of North Carolina in that it will provide additional needed recreational boat facilities, provide a safe harbor for vessels of all types, and will increase the economic activity of surrounding area. If additional application for easement is to be required, please provide me with the information as to the procedure for this. Si cerely, RMc%aes Robert M. Chiles, P. E. cc to Belhaven Feed Mills • ROBERT M. CHILES, • ENGINEERS. C- II,L]-�i.^�_'�./ MARINE BU R YORD s �'. ♦Q�.� $20 TRYON PALACE DRIVE C•__`` FPS /� NEW BERN, NORTH CAROLINA 28560 To: Doug Nelson N. N. C. Department of Natural & Economi Resources Division of Commercial & Sports Fisheries P. 0. Box 769 Morehead City, NC 28557 INED6: (DID)' 637J702 HOME: I010) 436-2346 Subject: Application for Permits for Construction of The "Pantego Creek Landing YArina and Yacht Club" for Belhaven Feed Mills, Inc. Enclosures: (1) Copy of "Application for Permit to Excavate or Fill" State of North Carolina (2) Copy of Drawings showing Site Plan & Location (sheet 1). Excavation and Fill Areas sheet 2). Tvoical Pier Constr f] Dear Mr. Nelson: 7). 19, 1974 sheet 6), and I hereby request on behalf of my clients, Belhaven Feed Mills, Inc., that the various permits required for construction of a marina within the city limits of Belhaven, Beaufort County, North Carolina, be issued. The work is in gen- eral as we have discussed previously. Specifically we request the following permits: 1. A permit for excavation of approximately 100 cubic yards material and for construction of a boat launching ramp as shown on sheets 2 and 5. 2. A permit for excavation of approximately. 98,600 cubic yards for two (2) boat basins and a boat hoist slip as shown on sheet 2 and 6. .3.. A permit for construction of various timber bulkheads all above mean highwater, located throughout the marina site and as detailed on sheet 6. 14. A permit for removal of considerable debris, old pilings, sunken barges and remains of the old mill facilities shown on sheet 7. GENERAL DETAIIS: The Pantego landing, Marina and Yacht Club is to provide a major recreation facility for the boating public. The facility (henceforth called 1lThe Landing") will eventually include a private yacht club, public Mr. Doug Nelson Page 2 December 19, 1974 marina and boat launching ramps, a restaurant and motel complex, and a full service boat sales and service yard. "The Landing" is to be located in Belhaven, North Carolina, within four (4) hours drive of the Raleigh -Durham Research Triangle area, within three (3) hours drive of the Tidewater Virginia area, and within five (5) hours drive of the Washington, D. C., metropolitan area. "The Landing," when completed, will provide complete docking and service for over 500 boat owners and also boat service, fuel, restaurant facilities, and accommodations for the significant North- South Intercoastal Waterway traffic. The entire site for the project was previously a lumber mill and indus- trial complex presently only partially utilized. The site is now owned by the developer. Me landing" will have permanent docking space for the equivalent of 288 boats to 80 feet long and an additional 138 slips for smaller boats to 22 feet long. An additional 84 on -shore spaccs are planned for storage of rigged boats on trialers. The motel is planned to have an initial 40 units (single level) with a site provided for an additional 64 units (two level). The restaurant could accommodate 200 plus in the main dining area with a second floor meeting, banquet and lounge area. The motel, restaurant and banquet area are situated to provide maximum view of the marina, yacht club and down rive_„. The yacht club is planned as a private club operating on "The Landing" property and separated from the marina. A"boat sales and service yard is shown in and around the existing mill buildings which could be replaced as the..operation expands. The yacht club and motel are to be constructed on fill from various boat basin excavations and will be constructed above the 100 year flood level so as to preclude damage from wind tides. The entire project is designed for construction in stages that could vary as demand and economic conditions warrant. ENMONMENTAL IMPACT: 1. ABSTRACT Based on present and expected demands for facilities for dockage, service and accommodations by the recreational boating public, and evaluation of existing hIr. Doug Nelson Page 3 December 19, 1974 facilities in Eastern North Carolina, "The Landing" appears to be in the general best interest of the public. 2. ENVIRONMENTAL IMPACT a) The proposed site has been utilized as a commercial lumber mill and grain mill. b) 'No marshland, wildlife habitat, or estuarian fisheries habitat will be destroyed, damaged, or otherwise degraded by construction of "The landing." c) The existing facilities, buildings, etc., on the site are generally abandoned and in a state of disrepair. d) The site is located within the corporate city limits of Belhaven, North Carolina, and served.by.citymater and sewage.. e) Construction of "The landing" will have a beneficial impact and pro- vide significant recreational opportunities without adverse effect on the surrounding water, air, and population. 3. ADVERSE ENVIRONMENTAL EFFECTS None 4. ALTERNATIVES TO THE PROPOSED SITE All other sites investigated for a project of this nature require various degrees of disruptionofnatural shoreline, inland habitat, and estuarian bottom. 5. RELATIONSHIP BETWEEN THE SHORT-TERM USES AND THE MAINTENANCE AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY "The Landing" site is located within a thriving residential and commercial community. There appears little or no chance for the site to revert to a natural (200 year ago) condition. The proposed construction will alter the existing terrain to only a minor degree and in the long-term will not be irreversible. 6. IRREVERSIBL.E AND IRRETRIEVABLE COMMITMENT OF RESOURCES None 7. APPLICABLE FEDERAL, STATE, AND LOCAL ENVIRONMENTAL CONTROLS a) Federal Dredge, Fill and Pier Permits required. b) State Dredge and Fill Permits required plus such Water and Air Restric- tions and other .restrictions from the Coastal Management Act. Mr. Doug Nelson Page 4 December 19, 1974 c) Local zoning, sewage and water use restrictions as may be applicable. 8. MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT Construction will progress with adequate controls for siltation and tempo- rary degradation of water quality. .CONSTRUCTION: The construction is planned to proceed in stages with the boat ramp a first priority. All excavation connecting to the adjoining waters will be planned to prevent siltation and if required restricted to seasons where a minimum effect on fisheries breeding, etc. as recommended by fish and wildlife biologists. We feel that this project will be most beneficial to the population of the surrounding area, will have little or no:.adverse impact on the environment, and should provide an outstanding recreational facility. We would appreciate your early action on this request for permits so that construction can be n in early 1975. Sincerely, k-Ci 01- L Robert M. Chiles, P. E. ass Approved��/v . G� Be Kaye Fee s J APPLICATION FOR PERhi1T TO EXCAVATE AND/OR FILL State of Nortli Carolina Department of the Department of Natural and Economic Resources Corps of Engineers, Wilmir (Rec 'GS 113-229) (Re: River and HarborA Piease type or print and fill in all blanks. If the information requested is not applicable, indicate by p!acing N/A in the blank. V •b t•. �e 1. Applicant Information: A. Name .-__ Belhaven Feed Mills, Inc. r. u, tsox «ts S. Address 5treci,-P._0_.ox -or-You Pantego NC —te'f 27860 943- 5 Jr • City or Town State Lip Code Phone IL Location of Proposed Project: A. County Beaufort B. 1. City, town, community or landmark Belhaven 2. is proposed work within city limits? Yes % No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Pantego Creek 111. Description of Operation: A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill 1. Access ch_nac! length width depth__ 2. Boat basin 2 length 400' width 300' depth 9' and 121 3. Fill area 2 length 100' width- Got depth. 12' and 61 4. Other_-_ length .vf.106 A--." C, 1. Bulkhead dimensions 52000 LIE x 5' above WN 2. Type of bulkhead construction (material) Timber D. Excavated material (total for project) 1. Cubic yards 120,000 2. Type of material Sand and Marl E. Fill material to be placed below MHW (see also VI. A) Cubic yards 2. Type of material IV. Land Type, Excavated Material, and Construction Equipment: A. Does the area to be excavated include any marshland? Yes —No_ X B. Does the disposal area include any marshland? Yes —No X C. Disposal area 1. Location Spread over site area adjoining excavation and all above M W 2. Do you claim title to disposal area? _Yes G. F i.i material source if fill is to be trucked in NA E. How will excavated material be entrapped or encased? Bulkhead and Dile3 F. Type of equipment to be used DragUne, Dozer. and Pan G. Wi!I marshland be crossed in transporting equipment to project site? (If yes, explain) No V. Describe Intended Use of Project Area: A. 1. Private 2. Commercial Full Service Marina, Motel, and Yacht Club 3. Housing Development or Industrial _ 4.. Other S.1. Lot size(s) Entire site to retn�j�pnder sinele ownership 2. Elevation of lot(s) above mean high water 3. Soil type or texture 4. Type of building facilities or structures Motel, Piers, Lift Slip Boat Ramps S. Method of sewage disposal or treatment To Belhaven Municipal System VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes_,_._No X 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 V1'1. Present rate of shoreline erosion (if known): Minimum V1Il. List permit numbers and 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 for project activity: 5 to 15 Years X. In addition to the completed application form, the following items must be provided: A. Attached 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. (Note: Federal law requires the applicant to bFthe owner or his designated agent). B. Attach an accurate work plat drawn to scale on 8%:" 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 ri avian landowners by registered or certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served Such owners have 30 days in which to submit comments to agencies listed below. D. List the names and complete addresses of the riparian landowners with property adjoining applicant's tract Send one completed copy each to: Permit Section Division of Commercial & Sports Fisheries Department of Natural & Economic Resources P. O- Box 27G87 Raleigh, North Carolina 27611 Ph. 919-329-3767 District Engineer Department of the Army Wilmington District Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28401 (Note: attach Corps cover letter) Ph.919-763-9971 Ext.565 Dx F-82 EXCAVAI RIN - "S"30G Cit. 1114�rh Mijill;; 1:11 f.-A ("I. yd IL'�11:_-( !j 13111 El CA IATI I) I I Gl,, Y� H 4 LX CH 7'- am z"a/z 4w I 01� A f li F111, 0 Y A VA T I f i 4 Aut above Y(j. (�YA!ftirlg I LXChIdAl !(,I,l 5F,300 C4.,fds. I litnus i? rwt c -1 () i, - r MAU Aj II .I� rl �/ C � ~ •J � .J q...--j a I _' n sr. y. u �:e Some, 13F DEvF"I,opF:r) Al, r"- d ' r 1 � f f o I ri 1. •4t .Ln I'1 rll Ij N 11 %�1 r r t 1 I �f i 6 I lli f ice•_ I \\ �i �• J w p y OFrnw9g ?(�'oy ?10„ C�Sab� � wog anent Gu9a ." 'a=�) 1 ow7 • ct�. 1M>yA; bm�ytiw P LIC A O A, 3P4 t r� z ti I " //S #ps 4 A C. ct1 w � L,,� 1�- t Lj . s� -�l/I-rk . I + 7j:; >V-7.5- c, n ( a , a I�.► _� c vNAr-�-l`.- 14 s Arc WOk:`f (A00 OF 7 L(- Leo wi a 414--e- S. d c,l .Ids R� A-". �s 5r/ ; I J -f- S,rAr j't% 7(Z S� s'a t- ` 1