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HomeMy WebLinkAbout34-78 Cook, MeridethFEDERAL PrRMIT IS REQUIRED Page 1 of 2 ATAOT U. S..1RMY CORPS OF State of North Carolina VGINEERS, P. 0. BOX 4890 Department of Natural Resources and Community Development � � it MINGTON. N C. 284n1 Vt/(�L(� J PERMIT TO EXCAVATE AND/OR FILL Permit No. 34-78 (Re: N.C. G.S. 113-229) Permit Class Issued to: Meredith C. Cook NEW Route 1, Box 69, Scranton, North Carolina 27875 This permit authorizes excavation and/or filling in Hyde County, N.C. at Germantown Bay (end of SR 1140) as requested in the permittee's application dated12/27/77 incl. attached plat dated 12/27/77 subject to the conditions set forth below. (1) That in order to protect juvenile shrimp populations, no excavation or filling will be permitted between the dates of April 1 through September 20 of any year without the prior approval of the Division of Marine Fisheries. (2) That the bulkhead not exceed 4' from the normal water level at any point along its alignment. (3) That all fill material to be placed below normal high water be confined behind the permitted bulkhead. (4) That all excavated materials be confined above normal high water and landward of regularly or irregularly flooded marshlands. (5) That no excavated or fill material be placed at any time in any marsh or waters of the State outside of the alignment of the fill area indicated on the plat. 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 PRE- CISELY, THE PERMTTTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVID- ED IN G.S. 113-229 (K) AND (L). This permit may to 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. This permit must be displayed alcng 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 personnel when the project is inspected. Any maintenance work or project modification requires further Departmental approval. Subject to permit renewal, all work must cease when the permit terminates. This permit terminates on December 31, 1980 Issuing Date: February 27, 1978 Form D&F-g Revised 7/77 Signed by the authority of the Secretary David A. Adams Assistant Secretary for Resource Management M IF A FEDERAL PERMIT IS REQUIRED CONTACT U. S. ARMY CORPS OF ENGINEERS, P. D: BOX 1890 WILMMIGTON, N. C. 28401 Meredith C. Cook February 27, 1978 ADDITIONAL CONDITIONS Page 2 of 2 Permit No. 34-78 Page 2 of 2 (6) That the activity be conducted in such a manner as to prevent signifi- cant increases in turbidity outside of the area of construction or construction -related discharge (increases of 25 JTUs or less are not considered significant). NOTE: The applicant should be aware that the soil conditions in this area may not be suitable for septic tank systems. If development is planned, the applicant should contact the Hyde County Health Depart- ment, as they evaluate sites for septic tank systems and issue permits. NOTE: Since the spoil disposal area will be greater than one acre, an erosion and sediment control plan must be submitted to the Depart- ment of Natural Resources and Community Development, Land Quality Section, 1502 North Market Street, Washington, North Carolina 27889. This pla.rL must be submitted at least 30 days prior to the beginning of any land disturbing activities. It must address measures and techniques to be utilized at the proposed disposal site. David A. Adams Assistant Secretary for Natural Resources APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL EASEMENT IN LANDS COVERED BY WATER WATER QUALITY CERTIFICATION State of North Carolina Department of Natural Resources & Community Development (GS 113-229, 143-215.3 (a) (1), 143-215.3 (c) Department of the Army Corps of Engineers, Wilmington District (33 CRF 209. 320-329) Department of Administration (GS 146-12) 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 B. Address C Last First Street, P. O. Box or Route fe ran o/+ /✓•L. 278-7ti City or Town State Zip Code Location of Proposed Project: A. County / B. 1. City, town, com unity or landmark 2. Is proposed work within city limits? YesNo ✓- C. Creek, river, sound or bay, upon which project is located or nearest named body of water to project III. Description of Project / A. 1. Maintenance of existing project 2.'New work B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length—' tD width .5"V depth i 3. Fill area lengthSZS— width '% depth 4. Other length width depth C. 1. Bulkhead length 9'6S- 4, . Average distance from waterline (MHW) S� 2. Type of bulkhead construction (material) u/ mn c D. Excavated material (total for project) 1. Cubic yards 3, iav 2. Type of material sM u j E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards S—P 2. Type of material Sc h Phone IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No f B. Does the disposal area include any marshland, swamps or other wetla d? Yes No C. Disposal area 1. Location 2. Do you claim title to disposal area? D. Fill material source if fill is to be trucked in r E. How will excayd.material bean� d erosion controlled? F. 'I ypc of cquipmenl In be used G. Will marshland be crossed in transporting equi ent to project site? If yes, explain D&F-B1 Rev. 10177 V.,. fniended Use of Project Area (Describe) 'A•'. 1. Private 2. Commercial m i 1 1 Pt 3. Housing Development or Industrial 4. Other B. 1. Lot size(s) 2. Elevation of lot(s) above mean high water 3. Soil type and texture C/et 4. Type of build'ng facilities o structures CO S. Sewage disposa and(or waste water treatment A. Existing B. Describe Planned VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes vNo 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 v 2. Tvoe of discharge _ 3. Location of discharge VII. Present rate of shoreline erosion (if known): VII I. List permit numbers and issue dates of previous De��rtment of Army Corps of Engineers or State permits for work in project area, if applicable: _�/ 4 IX. Length of time required to complete project: k 3 I X. In addition to the completed application form, the follo ing 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. B. Attach an accurate work plat drawn to scale on 8% X I I" 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 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days ip which to submit comments to agencies listed below. AD r" . ri C / . /i l / . Ce — /® s - if/. C. 9 G 7 A� DATE a Send one completed copy each to: Assistant Secretary for Natural Resources Department of Natural Resources & Community Development P. O. Box 27687 Raleigh, North Carolina 27611 Ph. 919-733-4006 Signature District Engineer Wilmington District Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28401 (Note: attach Corps transmittal letter) Ph. 919-763-9971 Ext. 565 D& F-B2 Rev. 10/77 _ -NULIr_ Afl Pro O.S j 6,,/li u,7 Lpa� 6us.'n h%erac�r' ��+ L• Uoo� 7177 `vP owe Qn 6 �0,-/ YO rr9/C p /l/6GLL,- _ era, a �ierrt� aryl {own 8,�,� ,6 / so, -I i t/L Vx/ December 28, 1977 Attached copy of an a lication submittted by: Me edith C. Cook Germantown Bay Hyde Count Entire file attached. No objections with conditions as noted on attached. R. D. Nelson 12-28-77 MEMORANDUM TO - From Subject John Parker Preston Pate App. for State permit Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 December 28, 1977 - Meredith C. Cook 12-27-77 Location - Hyde County on Germantown Bay at the end of SR 1140. Investigative process - Met with app. at site on 7-11-77 and 12-14-77. App. rec. Morehead 12-27-77. Environmental setting - Germantown Bay is a tributary of northern Pamlico Sound east of the mouth of Pungo River. The lands around Germantown Bay are undeveloped, consisting of a wide border of marsh grass (Juncus roemerianus) and large expanses of pine forest further inland. Mr. Cook's property lies at the end of SR 1140 near the headwaters of the bay. SR 1140 appears to extend on to a 15' wide peninsula which juts into the bay approximately 200'. Both sides of the peninsula have served for many years as docking areas for the boats of local commercial fisher- men. There are various types of trash and debris which have collected along the short -line through the years. A small creek enters Mr. Cook's property on the western side of the project site. As shown on the plat, there is a 20' to 40' wide border of Juncus and Spartina 2atens between the creek and the proposed spoil dis- posal area. The disposal area itself is vegetated with pine trees, weeds, and small shrub growth. The shoreline forming the southern border of the disposal area is vertical, 1-2' above the NWL, and has a sparse growth of Spartina alterni- flora. Germantown Bay is relatively shallow and has a soft mud botoom. Depths in the bay generally do not exceed 6' at MLW. Boat traffic tends to maintain a small channel up to the project site which has depths of 2-3'. Project proposal - Mr. Cook proposes to bulkhead the shoreline around the previously mentioned peninsula and along the southern shore of the disposal area. The exist- ing docks will be removed. A basin area 40'50' wide along the new bulkhead will be deepened to 6' at normal water to accommodate docking of fishing vessels. A 16' wide concrete boat ramp will be built to provide access for trailored boats. The new bulkhead will be built approximately 4' beyond the normal water level and backfilled with the excavated material. Spoil will initially be placed on trucks and moved to the large disposal area. Once it has dried, it will be used as fill material behind the bulkhead and to raise the elevation of the peninsula. The pro- ject -is intended to improve docking facilities for local fishermen. Environmental impact - The project will cause to.be filled a small amount of spike grass, black needlerush and salt marsh cordgrass presently growing along the shore- line. This will be. done as a result of building and backfilling the proposed bulk- head. No marsh will be filled as a result of disposal in the designated highground areas. Because of the nature of the material to be excavated, turbidity levels will be high during project activity. Approximately 23,000 sq.ft. of bottom area will be deepened from its present depth of 2-3' to 6' - however, this area should stabilize once the project is completed with little effect on its productivity. The project should have little effect on the productivity of Germantown Bay. Preston Pate Re: App. for State permit - Meredith C. Cook No objections with conditions as follows: 1. That the bulkhead must not exceed 4' from the normal water level at any point along its alignment. 2. That all fill material to be placed below high water be confined be- hind the permitted bulkhead. 3. That all excavated materials be confined above normal high water and land- ward of regularly or irregularly flooded marshlands. 4. That no excavated or fill material be placed at any time in any marsh or waters of the state outside of the alignment of the fill area indicated on the plat. 5. That in order to protect juvenile shrimp populations, no excavation or filling will be permitted between the dates of April 1 through Septem- ber 20 of any year without the prior approval of the Div. of Mar. Fish. Preston Pate APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL EASEMENT IN LANDS COVERED BY WATER WATER QUALITY CERTIFICATION tte of North Carolina Department of the Army partment of Natural Resources & Community Development Corps of Engineers, Wilmington Distrih 5 113-229, 143-215.3 (a) (1), 143.215.3 (c) (33 CRF 209. 320-329) partment of Administration 5 146-12) 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 / �OOK A. Name_— r , / n G Last / First Middle n� / B. Address ,l �iC h �/ Street, P. O. Box or Route Sc -- ra p W.e 276 7s F2f --23y/ City or Town State Zip Code Phone 11. Location of Proposed Project : A. County _ B. I. City, town, com unity or landmark �rc r vsn a n w h 2. Is proposed work within city limits? Yes _No ✓" C. Creek, river, sound or ba upon which project is located or nearest named body of water to project r"? wh" 111. Description of Project �� A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill - 1. Access channel length width depth - 2. Boat basin length40;_width>_depth ilength-width- r 3. Fill area length width SO& � depth � 4. Other depth C. 1. Bulkhead length ris, . Average distance from waterline (MHW) - 34�"�'"�"""".� 2. Type of bulkhead construction (material) G✓ 00 D. Excavated material (total for project) /J 1. Cubic yards • 6B d 2. Type of material E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards S-0 2. Type of material S� n aC IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any marshland, swamps or other wetlf d? Yes No C. Disposal area 1. Location at P n ilia. {f s /' o 2. Do you claim title to disposal area? C D. Fill material source if fill is to be trucked in ;Z E. How will exeavhed material bep ntrapped and erosion controlled? /a ei 4tt t�2 le.. e el fr— F. Type of equipment to be used / &a G. Will marshland be crossed in transporting equi ent to project site? If yes, explain —_!ylo D&F-B1 Rev. 10/77 ,J .Ilse of Project Area (Describe) •v Private 2. Commercial h/Ce r / n a 3. Housing Development or Industrial t 4. Other / B. 1. Lot size(s) _ /&/ 2. Elevation of lot(s) above mean high water 3 3. Soil type and texture a 4. Type of building facilities o structures 5. Sewage disp B. Describe waste water treatment A. Planned VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes L�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 C� 2. Type of discharge 3. Location of discharge VI I. Present rate of shoreline erosion (if known): _ VII I. List permit numbers and issue dates of previous work in project area, if applicable: h IX. Length of time required to complete project: _ Corps of Engineers or State permits for 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. B. Attach an accurate work plat drawn to scale on 8%2 X 11" white paper fsee 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 D. List names and completeaddresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days ii which to submit comments to agencies listed below. AA , 'RI /, scr,n /os" ..(/. C. ? -�7X-7 )ATE Ia s Send one completed copy each to: Assistant Secretary for Natural Resources )epartment of Natural Resources & Community Development '. O. Box 27687 :aleigh, North Carolina 27611 h. 919-733-4006 District Engineer Wilmington District Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28401 (Note: attach Corps transmittal letter) Ph. 919-763-9971 Ext. 565 & F-82 ev. 10/77 PfOro S/QCQ. i �lh > Ve"J u kvaf Lusr/'n n%erec�r'�f, C. Uoa� (-errH«h S c a A Leaf ca„e S am cc Q,'l /o f'✓C P /l/a 66 LC re 11461 North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Howard N. Lee, Secretary November 3, 1977 Plo4k 1 3 Mr. Mered' C. Cook a Z Route on, N C. Scranton N C. 2 875 Dear Mr. Coo It is again necessary that your application be returned in order that certain changes may be made on the plat. As indicated in my letter of October 18, including an attached example plat, plats must be to a scale of 1" = 2001 or less. Also, normal water lines, existing depths, natural and man-made feature, etc., must, by regulation, be accurately depicted. I urge if you experience any difficulty in preparing such plat that you contact Mr. Doug Nelson at 726-7021 in Morehead City. Mr. Nelson should be able to answer any question that you may have because he is familiar with the project area. On the other hand, if you wish, please contact me at any time. Very sincerely, PQ�V R. Parker, Pe t Coordinator JRPjr:sh cc: Mr. Doug Nelso1V Enclosures: Application returned P. O. Box 27687 Raleigh, North Carolina 27611 An Equal Opportunity Affirmative Action Employer DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF EN P. O. BOX 189 WILMINGTON. NORT ni u1 !1AI IN REPLY REFER TO SAWC078-N-048-239-0022 Mr. Meredith. Cook Route 1, PO fox 69 Scranton, NC 27875/ Dear Mr. Cook: N, C. SEE H R 22 Mp,R1NE _- 1978 In accordance with your written request of 27 December 1977 and the ensuing administrative record, there is inclosed a permit authorizing you to excavate two boat basins, construct a bulkhead with backfill and install a boat adjacent to your property on Germantown Bay near Scranton, By a Coun , North Carolina. If any material changes n the location or plans of the structure or work are found necessary on account of unforeseen or altered conditions or otherwise, revised plans should be submitted promptly to the District Engineer so that these revised plans, if found unobjectionable, may be approved before construction begins. Condition (n) of the inclosed permit requires the permittee to notify this office of the commencement and completion dates. Should you require time beyond that allowed to commence or complete your work, please submit a timely written request for permit modification. The inclosed Notice of Authorization must be conspicuously displayed at the site of the work. 2 Incl 1. Permit 2. ENG Form 4336 Blind CF w/cy Incl 1: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York St. Norfolk, VA 23510 SAWFL-74 15 Jun 77 Sincerely yours, ADOLPH A. HIGHT Colonel, Corps of Engineers District Engineer 911nd CF w/cy Sp. Conds. and Plan(s): Mr. R. D, Nelson NC Division of Marine Fisheries PO Box 769 Morehead City, NC 28557 ' • MAINTENANCE DREDGING: 11) That when the work authorized heroin includes periodic maintenance dredging, it may be performed X under this permit for 10 years from the date of issuance of this permit (ten years unless otherwise indicated); and (2) That the Winittes will advise the District Engineer in writing at least two Weeks before he intends to undertake any maintenance dredging. t If. Special Conditions (Here list conditions relating specifically to the proposed structure or work authorized by this permit): 1. In order to protect juvenile shrimp populations, no excavation r or filling will be permitted between 1 April and 20 September of any co year without the prior approval of the NC Division of Marine Fisheries. 2. The bulkhead will be aligned a maximum of 4 feet beyond the normal water level at any point along its alignment. 3. The bulkhead alignment will be staked and flagged by the permittee and the alignment approved by a representative of the Corps of Engineers prior to bulkhead construction. 4. All excavated materials will be placed and confined above normal high water and landward of all regularly and irregularly flooded marshlands except that material to be placed and confined landward of the permitted bulkhead. 5. The limits of the disposal area adjacent to wetlands on the west side of the permittee's property will be staked and flagged by the permittee and approved by a representative of the Corps of Engineers prior to any excavated or fill materials being placed in this area. 6. Excavation will not exceed 6 feet below the normal water level. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. PERMITTEE MEREDITH C. COOK DATE BY AUTHORITY OF THE SECRETARYOF THE ARMY: 22 March 1978 ADOLPH A. HIGHT, COL DATE DISTRICT ENGINEER, US. ARMY, CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and cons'? -ions of this permit. TRANSFEREE DATE 4 ��~��� � ���t�� � `�� ____--�-___--_------_-____ ____________ �''�/^px` ---------'-------''�-'----�---�--r-'-'�--� Proposmt 6 .�/14 A"CCf a � 0 a 1 li a$i•h i�� r;lerQ.d(,1x C. Uoo� 6-errhun� /UC 'Alf semi e: 3 � r� o ^• �