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HomeMy WebLinkAbout157-88 Belhaven Fish & Oyster Comany.0 . termit Class NEW STATE OF NORTH CAROLINA Department of Natural Resour, cs t14 ttnd Community Development i for' x iG aMajo'4,., logsment tn` ❑ Excavatioii�aad%or JJ to NCGS 113-229 Permit Number 157-88 AON 2 2 1988 Issued to Belhaven Fish 5 Oyster Company, P. 0. Box 100, Belhaven, NC 27810 authorizing development in Beaufort County at Wvnnes Gut, off Pantego Creek near Front and Pamlico Streets as requested in the pemrittee's application dated 5/12/88 i ncl udi ng attarhari nlatc. 9 choatc 1-9 of 9 riatari ravicari F/r IPA This permit, issued on o is subject to compliance with the application (where consistent with the permit), all applicable re tlations, special conditions and notes set forth below. Any violation of these terms may subject pernittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead will be positioned in strict accordance with permit plans. Prior to construction, the alignment will be staked by a representative of the Division of Coastal Management. (2) All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. (3) The fill material will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. (4) No vegetated wetlands will be excavated or filled. (5) The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. (6) The permittee will maintain the authorized work in good condition and in This permit action may be appealed by the pernittee 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, 1991 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. 7 David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Perrnittee Y Belhaven Fish 8 Oyster Co. Permit #157-88 Page 2 of 2 ADDITIONAL CONDITIONS conformance with the terms and conditions of this permit. The permittee .is not relieved of this requirement if he abandons the structures without having the permit transferred to a third party. (7) The authorized structure and associated activity must not cause an unacceptable interference with navigation. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. NOTE: A copy of this permit is being forwarded to the Department of Administra- tion, State Property Office from which you must receive -an Easement prior to proceeding with your project. �o.o•o� o�o L2AUG 980 State of North Carolina Department of Environment, Health, and Natural Resames-----------------_ Division of Coastal Management 1424 Carolina Avenue • Washington, North Carolina 27889 James G. Martin, Govemor Roger N. Schecter William W Cobey, Jr., Secretary Director 23 August 1990 Belhaven Fish & 0_yster Company, Inc. P.O. Box 100 Belhaven, North Carolina 27810 Dear Mr. Cutler: This letter of refinement is in reference to your 16 August 1990 request to modify Major CA�1A permit number 157-88 issued to ,you on 18 August 1988. Permit 157-88 was issued for the construction of a truck loading and unloading dock. which includes a bulkhead and wharf on pilings onsite your fish house adjacent Wynns Gut in Belhaven. Beaufort County, North Carolina. Your request to modify the aforementioned permit to allow for the placement of ten pilings beside the existing pier as per ,your plat is hereby authorized. All permit conditions including the 31 December 1991 expiration date still apply and remain unchanged. Your modified plat illustrating the authorized changes will become a part of your permit and file and construction should be accomplished accordingly. Thank you for your time and cooperation in this matter. If you have any questions please don't hesitate to contact me. Sincerely, T"A"(S. A -".a_. Terry E. Moore District Manager Washington Office TEM/aht cc: David Gossett - Field Representative, DCM ,Preston Pate - Assistant Director, DCM John Parker - Major Permits Manager, DCM Cliff Winefordner - U.S. Army Corps of Engineers Box 1507 • Washington, North Carolina 27889 • Telephone 919-946-6481 An EOUA ODDortunity Affirmative Action Emnlover OFFICE. PHONES 919-943-2512 OR 919-943-2430 BELHA EN STER CO., INC. August 16, 1 Mr. Terry Moore Division of Coastal Management Field Operations P. O. Box 1507 Washington, NC 27889 Dear Mr. Moore: Enclosed is the plat drawing of the modification to my major permit No. 157-88 on the North shore of Pantego Creek in Belhaven, NC. This revision is for the place- ment of ten pilings beside an existing pier of Belhaven Fish & Oyster Co., Inc.. These pilings are proposed to facilitate additional . mooring. If additional information is needed or further questions arise please contact me at (919) 943-2512 or (919) 943-2430 or the above address. Thank you. Sincerely, BELHAVEN FISH & OY .TER CO., INC. William R. Cutler President 9 PA /),,/ E o L" �e, (f MIS i!i;ij�XZSTZNUII JUN 13 1988 ---------------------- State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary 9 June 1988 Mr. John R. Parker, Jr., Chief Major Permits Processing Section Division of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: The attached copy of an application submitted by: Belhaven Fish & Oyster Company Applicant's Name — I s Gut on or Beaufort County David W. Owens Director for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit .... x for a CAMA major development permit (only) .... — for a dredge and fill permit (only) .... has been reviewed by this District Office and is being forwarded to you along. with a Field Investigation Report for further application processing, including circulation to State agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Office is x covered on the attached; will be forward-0later. Sincerely, v. rn� Terry Moore, Manager Washington District reverse side; P.O. Box 27697, RaLl , North Carolina 2761I-7687 Tekphom 919-733-2293 An Equal Opportunity Affimutive Action Employer (A) This office has no objection to the project as proposed. (B) This office has no comment on the project as proposed. x (C) This office approves of the project (or project concept) and/or recommends these minor refinements for project management. (1) Prior to construction the alignment for the proposed bulkhead will be staked by a representative of the Division of Coastal Management. (D) This office objects to the project and recommends permit denial based on a finding of: (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e)(1) ... that there will be significant (e)(2) ... that there will be signifi- adverse effect of the proposed dredg- cant adverse effect on the value ing and filling on the use of the and enjoyment of the property of water by the public; any riparian owners; (e)(3) ... that there will be significant (e)(4) ... that there will be signifi- adverse effect on public health, cant adverse effect on the con - safety, and welfare; servation of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries. (2) Inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7H (or other). Please site rule. (3) Inconsistency with the local Land Use Plan (please elaborate). (4) Inconsistency with Rules, Guidelines, or Standards of this agency or a finding that the project is in conflict with other authority or interest as stipulated below. (E) Attachment. Include memorandum or other documentation that: support findings relating to D1-4; or provide general comments. [9 aui c� � . fJa.xvu Signature ate OFFICE OF COASTAL MANAGEMENT 350 32' 12" N FIELD INVESTIGATION REPORT 760 37' 30" W 1. 2. 3. 4. Applicant's name Belhaven Fish & Oyster Company Location of project site Beaufort Count • ' Town' o£' Belhaven', Wvnn's Gut Photo no. 12-17-84, 80-611,_T� Investigation type: Dredge & Fill— ' ' ' ' CAMA X Investigative procedure: (A) Dates of site visit 4-5-88 (B) Was applicant present -Yes ......... ............. .: 5. Processing procedure: Application received .6-2-88 Office Washington ' 6. Site description: (A) Local Land Uee'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 X Estuarine waters Other (C) Water dependent: Yes No X Other (D) Intended use: Public Private "X Commercial (E) Type of wastewater treatment: Existing 'Town of Belhaven Planned None (F) Type of.structures: Existing.' *Seafood processing facility PlannedNone (G) Estimated annual rate of erosion ± 2' Source DCM staff observation 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other �- k Mkir, (B) Non -vegetated wetlands: (C) Other: open water area Highground (D) Total area disturbed: + 286 sq.ft. + 1,261 sq.ft. + 1,547 sq.ft. 8. Project summary The applicant is proposing to"construct a bulkhead and wharf. The area will be used for access to an existing seafood processing facility Environmental settin Belhaven Fish and Oyster Oonpany is an existing seafood processing facility which is located adjacent to Wynn's Gut within the Town of Belhaven. The company handles various types of seafood with its existing facilities of docks, storage and processing buildings, and refrigeration building. The facilities are bordered by gravel parking lots on the north and east sides and by Wynn's Gut on the west and south. Wynn's Gut was historically a natural creek system, a tributary of Pantego Creek. Over time the gut has been modified to resemble a manmade system in which extensive excavation, bulkheading, and pier construction has occurred. Most of the shorelines are composed of various areas of broken pilings and various areas where trash and litter exist. No wetland vegetation is existing along the project portion of the gut. Project proposal The applicant is proposing to construct a bulkhead within Wynn's Gut and backfill the confined area with materials from an upland source. The bulkhead will be 128' in length and will average + 3' beyond the normal water level. The annual erosion rate within the vicinity of the project is negligible. Also proposed is a + 118' long by + 10' wide wharf which will be placed waterward of the bulkhead. This wharf will be used for access to an existing wharf and to moor vessels. The applicant is proposing the project because of the need to be able to obtain access for large trucks on the west side of the existing building. Access is needed for the convenience of shipping of products. Environmental impact If the project is conducted as proposed +'286 sq.ft. of open water area within. Wynn's Gut will be filled. The area to be filled averages + -2' in depth at the NWL, and contains various rotten pilings, and other debris. No wetland vegetation is present at the project site. David L. Gossett - Washington Office - 9 June 1988 o� G , O� S 11sP' lvO ``sea �• of cbe\e�`s\a��Oo `egJ``e�epc5 ae`s cbe `5 aQQ\,cac`O� co �e�& NO- ICoO e �G. aoaF`31.ti9 �`oo OteGGs' ll Ge��f`ca 1J aces ¢Sa � ti15 tee°\areal �o GG �o�J\� cacE`ces °` O`er Qy` °4 \a99 s iF�Gg 6AP ��OF'�'P� pcea�`r� oa�a`bot ao1�a`e` NA. NL�a�e� a c apa�e�er` CAas`a\o4�a�� `s"O�eQa�`ma G°mmJ�,c9 at' F00' A1%la1 cc ab\e of ��,e T-hace gect'`Clt O Oiea�ea acet va,e \ean Oo`� e�� �p4 °E ��e G oEtio�`reess Sec`�o 0090• cc Please type or print. Carefully describe all'an- ticipated development activities, including construc- tion, excavation, filling, paving, land clearing, and stormwater control. If the requested information is not relevant to your project, write N/A (not ap- plicable). Items 1-4 and 8.9 must be completed for all projects. €`1 APPLICANT Ail: 7or5Gr7-rnr_= a. Name Belhaven Fish & Oyster Co. Address P.O. Box 100 City Belhaven State N.C. Zi 27810. JDay phone 919-943-2512 X Landowner or Authorized agent b. Project name (if any) Truck Loading c. If the applicant is not the landowner, also give the owner's name and address. N/A d. Describe the planned use of the project. Inad and unload processed and unpronessed seafood and supplies. 4 -LAND AND WATER ` CHARACTERISTICS a. Size of entire tract 500' x 100' b. Size of individual lot(s) N/A c. Elevation of tract above mean sea level or Na- tional Geodetic Vertical Datum 3-4 feet d. Soil type(s) and texture(s) of tract Sandy Loam e. Vegetation on tract Pecan trees - grass, parking lot. _ f. Man-made features now on tract Seafood irocessing plant and boat docks. g. What is the CAMA Land Use Plan Classifica- tion of the site? (Consult the local land use plan.) R ,LOCATION OF PROPOSED ,PROJECT' z _ w h. a. Street -address or. secondary road number 1 Near intersection of Front and Pamlicb b. City, town, community, or landmark Streets. Belhaven c. County Beaufort d. Is proposed work within city limits or planning jurisdiction? Yes Conservation Transitional X Developed Community Rural Other How is the tract zoned by local government? Tndiiarri al How are adjacent waters classified? SC Has a professional. archaeological survey been carried out for the tract? No If so, by whom? N/A 5' UPI AND"DEVELOPNIENT e. Name of body of water nearest project Complete this section if the project includes any Wynne's Gut at PanteZ Creek. upland development � 3 >DESCRIPTION. -AND -:PLANNED USE. OF _-PROPOSED' PROJECT a. Describe all development activities you propose (for example, building a home, motel, marina, bulkhead, or pier). Build truck loading and unloading dock at existing seafood processing plant. Includes bulkhead and warf on pilings. If you plan to build a marina, also complete :ard'attach Form DCM-MP-2. b.---Is the proposed activity maintenance of an ex- isting project, new work; or both? Both c. Will the project be for community, private, or commercial use? Commercial a. Type and number of buildings, facilities, or structures proposed No new upland development - use existing -travel- iaays for access. b. Number of lots or parcels N/A c. Density (Give the number of residential units and the units per acre.) N/A d. Size of area to be graded or disturbed N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimen- tation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? N/A Give the, percentage of the tract within 75 feet of mean high water to be covered by im- permeable surfaces, such as avement, buildings,'or rooftops: 3.5�/p new construc- tion. g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. Concrete and asphalt . h. If applicable, has a stormwater management plan been submitted to the Diyision of En- vironmental Management. // i. Describe proposed sewage disposal and/or waste water treatment facilities. Munucipal facilities now in use. j. Have these facilities received state or local approval? Yes k. Describe existing treatment facilities. Supplied by the Town of Belhaven. 1. Describe location and type of discharges to waters of the state (for example?, surface runoff, sanitary wastewater, industrial/commercial effluent, or "wash down"). Surface runoff permitted wash down water no. NC0001198 m. Water supply source Wells n. If the project is oceanfront development, describe the steps that will be taken to main- tain established public beach accessways or pro- vide new access. N/A o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A 6 EXCAVATION' AND_ FILL ~ :INFORMATION;. a. Describe below the purpose of proposed excava- tion or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other (break- water, ier) boat ramp, rock jetty) --Fill placed in - wetland or below MHW Upland fill areas Length Width Depth mom b. b. Amount of material to be excavated from c. d. below water level in cubic yards None Type of material N/A Does the area to be excavated include marsh- e. f. land, swamps, or other wetlands? N/A High ground excavation, in cubic yards N A Dimensions of spoil disposal area N/A g. Location of spoil disposal area N/A h. Do you claim title to the disposal area? N A If not, attach a letter granting permission from the owner. [ 0 m Cd i. j. k. 1. m. n. o. p. q. Will a disposal area be available for future maintenance?/ N/A x If so, where? N/A 0 Does the disposal area include any marshland, o swamplland,lor water areas? - N/A [ Will the fill material be placed below mean high water? Yes u Amount of fill in cubic yards 50 Type of fill material Sandy Loam, stone . and Source of fill material O f f s it e Will fill material be placed on marsh or other -- wetlands? Yes Dimensions of the wetland to be filled 33' X 9' How will excavated or fill material be kept on site and erosion controlled? Construct bulkhead, line with filter fabric and fill. r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Dump tr inks . compacting roller. motor grader and loader. s. Will wetlands be crossed in transporting equip- ment to the project site? No If yes, explain the steps that will be taken to lessen en- vironmental impacts. N/A 7 SHORELINE STABII;IZATION a. Length of bulkhead or riprap 12 8' b. Average distance waterward of mean high water or normal water level 9 feet — t4 474 c. Shoreline erosion during preceding 12 months, - in feet Negligible d. Type of bulkhead material Wood e. Amount of fill, in cubic yards, to be placed below mean high water 16.5 f. Type of fill material Sandy Loam, and clean broken masonry. V AJ�co- 8 ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then for- ward a copy of the deed or other instrument under which the owner claims title, plus written permis- sion from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on 8 ;h x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 16 high quality copies are provided by the applicant. (Contact the U.S. Army Corps of Engineers regard- ing that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency per- sonnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit com- ments on the proposed project to the Division of Coastal Management. The applicant must advise the adjacent landowners of this opportunity by sen- ding a copy of the permit application to them by registered or certified mail. This notification is re- quired by G.S. 113-229(d). Name. Town of Be1haVPn Address P.O. Box 220 Belhaven. N.C. -27810 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. See section 5 item I. A check for $100 made payable to the Depart- ment of Natural Resources and Community Development to cover the costs of processing the application. A signed AEC hazard notice for projects in ocean- front and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, at- tach a statement documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMIS. SION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to condi- tions and restrictions contained in the permit. I certify that to the best of my knowledge, the pro- posed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I further certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit ap- plication and follow-up monitoring of project. This is the l2 h day ofMay 19 88 . X 71Z e Landowner or Authorized agent Send the completed application materials to the Division of Coastal Management Office nearest you and the U.S. Army Corps of Engineers. See the map on the inside front cover for the appropriate DCM office and addresses and phone number. Pilings LONGITUDINAL SECTION No Scale m v harf Filter Asphalt /Cloth z Elevation A Q v M arl ° n ° at v A F I LL: e Level - y A II li �i I TYPICAL CROSS SECTION No Scale REVISED 5/6/88 SHEET2of 2 Fbrmit Application BELHAVEN FISH AND OYSTER COMPANY Torn of Belhaven Beaufort County Scale: As shown - Date: 3/21/88 BY HOOD RICHARDSON, P.A. WASHINGTON SQUARE MALL WASHINGTON,N.C. 27889 88-01-082-2 / Vicinity Map no scale /^\ two '56haVeN BRIDGE Benchmark is USCE RM 14 North East corner of Pamlico and Front (Water) Streets elevation 6.29 feet. SHEET I of 2 Permit Application BELHAVEN FISH AND OYSTER COMPANY Town of Belhaven Beaufort County Scale:I"= 30" Date: 3/21/88 BY HOOD RICHARDSON, P.A. WASHINGTON SQUARE MALL WASHINGTON, N.C. 68-01-082-1