HomeMy WebLinkAbout18-87 Baker, BryantPermit Class Permit Number
New STATE OF NORTH CAROLINA 18-87
Department of Natural Community Development
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❑X n nonmental Con JA N 2 8 1987
Excavatiopi8 gt to NCGS 113-224
Issued to Bryant Baker. P.O. Box 178, Belhaven, NC 27810
authorizing development in Beaufort County at Pantego Creek (off of Wynn's Gut)
Front and Allen Streets, Belhayenas requested inthe permittee'sapplication dated 11/7/86 including
attached plats,3, plan view dated 10/29/86, cross section and location: no date,
This permit, issued on ) / % / 0 / , is subject to compliance with the application (where consistent
with the permit), all applica�lations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The bulkhead will be aligned no farther waterward than an average distance
of 1-1/2 feet from the normal water elevation contour at the time of
construction.
(2) All backfill materials will be obtained from an upland 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) The activity will be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction -
related discharge.
NOTE: The proposed project is certified under General Water Quality Certification
No. 1272 issued on November 10, 1978, for bulkhead construction.
this permit action may be appealed by the perittee
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, 1990
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.
/ David W. Owens, Director
Division 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 2UO2-1890
December 19, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-007-000112
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
Reference the application df Mr. Bryant Bakei for a Department
of the Army permit to construct and backfill a bulkhead on Wynn
Gut, Pantego Creek, the Pungo River, 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:
a. The bulkhead will be positioned in strict accordance with
the permit plans. It will be aligned no farther waterward than an
average distance of 1-1/2 feet from the normal water elevation
contour.
b. All backfill materials will be obtained from an upland
source and confined landward of the permitted bulkhead.
c. 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.
d. 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. Increases such
that the turbidity in the waterbody is 50 NTU's or less are not
considered significant.
-2-
e. Vegetated wetlands will not be filled.
Questions or comments may be addressed to Mr. Ken Jolly,
telephone (919) 343-4632.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. David Gossett
Washington Regional Office
North Carolina Division of
Coastal Management
1424 Carolina Avenue
Post Office Box 1507
Washington, North Carolina 27889
i \
DEPARTMENT AF THE ARMY
-
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROROLINA 28102-1590
IN REPLY REFER TO
g1 enrnOra, /r /jQ�
Regulatory Branch
SUBJECT: File No.
SAWCO B%-rF-
/�
007
- p//Z
Applicant �
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Ms. L. K. (Mike) Gantt
Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U. S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Ms. Nora Murdock
Fish and Wildlife Service
Endangered Species
100 Otis Street, Room 224
Asheville, North Carolina
Gentlemen:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development.
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
AL4"Lo,
e7- Regional
Office
North Carolina Division of
oastal Management
Pursuant to SAWC080-N-000-0291, the CAMA-Corps general
permit/processing agreement, a State Field.Investigation Report is
enclosed. Your comments nd/or recommendations would be
appreciated on or before
Questions or comments may be addressed to ,
Regulatory Branch, telephone (919) 343 &1?—
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
61
Q rNC986
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
24 November 1986
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
Bryant Baker
Applicant's Na
Wynn's Gut
Location of Project
Beaufort County
unty
David W. Owens
Director
for a State permit to perform excavation 'and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
X for a CAMA major development permit (only) ...
has been reviewed by the Field Services Section 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 Section is X covered on the reverse
side; attached; will be forwarded later.
CSJ:ap:3566
N
'rely,
-
Charles S. Jones, ief
Field Services Section
P.O. Box 27687, Raleigh, North Carolina 27611-7697 Telephone 919-733.2293
An Equal Opportunity Affirmative Action Employer
X (A) this agency has no objection to the project as proposed. (NO CONDITIONS)
(B) This agency has no comment on the project as proposed.
(C) This agency approves of the project (or project concept) and/or recommends
these minor refinements for project management.
(D) This agency 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:
(3)
(e)(1) ... that there will be significant
adverse effect of the proposed dred-
ging and filling on the use
of the water by the public;
(e)(3) ... that there will be significant
adverse effect on public health,
safety, and welfare;
(e)(2) ... that there will be signifi-
cant adverse effect on the value
and enjoynent of the property of
any riparian owners;
(e)(4) ... that there will be signifi-
cant adverse effect on the con-
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;
Inconsistency with Rules of the Coastal Resources Commission
as enumerated in 15 NCAC 7H (or other). Please site
rule.
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 DI-4 or providegeneralcomments.
d.
igna ure
ate
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Bryant Baker
2. Location of project site Beaufort Count "Town.of Belhaven, Wynn's Gut off of
Pantego Creek; photo 12-77, 80-612=M-19
3. Investigation type:. Dredge 6 Fill' CAMA, X
4. Investigative procedure: (A) Dates of site visit 11-17-86
(B) Was applicant present-- '
5. Processing procedure: Application received -11-12-86 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
Estuarine waters Other
(C) Water dependent: Yes No X Other
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing Town of Belhaven
Planned None
(F) Type of structures: Existing. Dwelling
Planned None
(G) Estimated annual rate of erosion ±21 Source DCM staff observation
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
None N/A N/A
(B) Non -vegetated wetlands:
(C) Other:
Open water area
(D) Total area disturbed:
W,
+ 1,542 sq.ft.
+ 1,542 sq.ft.
8. Project summary The applicant is proposing to construct 315' of bulkhead which will
_ average 1 5' beyond the NWL except in the vicinity of an old boat basin which also
will be bulkheaded and filled.
Environmental setting
The applicant owns property in the Town of Belhaven adjacent to Wynn's Gut. Located
on the property is a single family dwelling and a shop which are being served by
the Town of Belhaven sewage disposal system. Also located on the property is a
40' by 24' manmade boat basin which at one time was covered by a boathouse.
Considerable amounts of debris consisting of pilings and broken concrete are located
within the basin. The rest of the property is being maintained as a lawn, however,
erosion is occurring which is obvious from a defined erosion scarp. No wetland
vegetation is present on the property.
Project proposal
The applicant is proposing to bulkhead the shoreline and across the mouth of the
basin. The bulkhead will be 315' in length and will average + 1.5' beyond the NWL.
Once the bulkhead is completed, the confined area will be backfilled with materials
from an upland source.
Environmental impact
The project as proposed should have a minimal environmental impact.
David L. Gossett - Washington Office - 24 November 1986
APPIJCAI ION
IOR
PERMIT TO EXCAVATE AND/OR FILL
WATER DUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA 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, 143-215.3(a)(1). 143-215.3(c), 113A-118 (33 CFR 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.'
1. Applicant Information
A. Name Baker Brvant
Last First Middle
B. Address P.O. BOX 178
Street, P. O. Box or Route
Belhaven N.C. 27810 943-2779
City or Town State Zip Code Phone
11. Location of Proposed Project: A. County $eanfri-rt
B. 1. City, town, community or landmark Belhaven
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
1ungo River
I 11. Description of Project
A. 1- Maintenance of existing project
2. New work
Yes
B. Purpose of excavation or fill
I. Access channel Nona
length
width
depth
2. Boat basin None
length
width
depth
3. Fill area Old Boat House
length 40'
width �4'
depth- -1.61 average
4. Other
length
width
depth
C. 1. Bulkhead length 31 5' Average distance waterward of MHW (shoreline) 1.51 maximum
2. Type of bulkhead construction (material) Treated "food
D. Excavated material flotal for project)
1. Cubic yards = �-N6Ni5= "' 2. Type of material-------
E. Fill material to be placed below MHW (see also VI, A)
1. CubiG�yards 94 - total 2. Type of material sandy/clay
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes o Y_
B. Does the disposal area include any marshland, swamps or other wetland? Yes No
C. Disposal Area NIA1. Location
2- Do you claim title to disposal
D. Fill material source if fill is to be trucked in - Piirr h ocoA
L. How will excavated material be entrapped and erosion controlled? All material Will he 121 aced hark
of"bulkhead- Bulkhead to entrap sheet flow.
1 . '1 ype of equipment to be
G. Will marshland be crossed in transporting equipment to project site? If yes, explain No.
D& F-B 1
V. Intended Use of Project Area (Describe)
A. 1. Private_
2. Commercial
3. Housing Development or Industrial
4. Other
B. L Lotsiie(s) Existing Lot size as shown nn Nan Shppt ;9
2. Elevation of lot(s) above mean high water averages approx. 2 feet
3. Soil type and texture Sandy loam
4. Type of building facilities or structures
of business.
strucures-
S_Sewage disposal and/or waste water treatment A. Existing_ X Planned
B. Describe
6. 'Land Classification'(circle
VI. Pertaining to Fill and Water Quality:
TRANSITIONAL COMMUNITY RURAL
R (See CAMA Local Land Use Plan Synopsis)
A. Does the proposed project involve the placement of fill materials below mean high water? Yes-:K-_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 X
2. Type of discharge Sheet flow only- bulkhead should prevent or n
3. Location of
VII. Present rate of shoreline erosion (if known):
es
Can't determine
Vill. 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 to complete project: 6 mon
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 BY, 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 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 pwners have 30 days in which to submit comments to agencies listed below.
Town of Belhaven - Front St & Allen St R/O/W
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner 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 -�" a`C
Applicant's Signature
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 3, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-007-0112,
Mr. Bryant Baker
Post Office Box 178
Belhaven, North Carolina 27810
Dear Mr. Baker:
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received November 26, 1986, for a
Department of the Army permit to construct and backfill a bulkhead
on Wynn Cut, Pantego Creek, the Pungo River, Belhaven, Beaufort
County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the
administrative processing of vour application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State -Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC087-N-007-0112 and will be coordinated by Mr. Ken
Jolly. He is available to address questions or comments you may .
have at telephone (919) 343-4632.
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure