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HomeMy WebLinkAbout18-87 Baker, BryantPermit Class Permit Number New STATE OF NORTH CAROLINA 18-87 Department of Natural Community Development 20 a` Clgti eS6)urscion If Mali J� ti ❑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 Dd F-B2 o-.. . SEE RFVFRCF GrnF Fno uw n ..ri- ....-r,....._._.._ c nq � x• ,IHaslin Cot BM., i BM :%��J•1 / 1 edge C lQ a.. s s 3a �o` pd• i `�. J \x3 • Ruins -j 3134 �i �° 1Belhaveri + v (BM 4) ^� : &e�'�¢ Lower Dowry Pt -/attalina Pt •stit�• f ��� a�l / 1 �, rrooley, C • r ^\\a`^T. � -F Toc/leys Pt rr j 3933 �� ` ��•� J i �O Light Tego R� M 2 C Pungo Pt Pey O"32 NU G ----- Light - (C) 50 000 FEET P U N G O---CREEK---I s UI n Iu Grumpy wlo Durants Pt 4 =(C) B A T g On A z `\ E x a 50" 1 Map S//EEf o. (BAKCR PaorwzrY> 3; yy0, LL o� /3HKE•IZ Qcszc%nce M.a.ea +e be -filled. /Oie- ' -noc oN A's pros .3 below hormol a/1 elfvoltonJ were- %krn of Tor of wo/rr on Aa dole. C. S. OZ,l Goal (eosin w // �873 cu%��v o47/%y, RoPosed new 1, gulktie-od ``\ CdG�PI � tPee{\� Oh $M[I{ Z 1 ... --1 -, 0,4✓ a zt' --- (In/.yni N S GUT ID20JECT ) MAP Sf1oW/NGT LOCPTION OF PROP05E0 l JBULKh/EA0 11,/S7Fl6Lp7-I0N oN.__ PRoPERTl of BRYANT � CLA DIFI T. nf.3Ax6R-.___ BELHAVEN � N.C.- -_(%�cC(ufoi� Co-) _ .p-epol-cc) 10/ CL,eTo Z9� 6 F3 0WN 10 h�9 _ SUr✓. [/V Y/V/VJ UUI VKv-JL-- + Clauc/+a 80ker hY CLIFF 13AoWn4 6e�o+Z Showjk?!3J 13u7khcnc/ TPGC5. �e C'101A %i77 on �I i3 +n�QYlM4 � -Tr' LC K. In1C . CbA�k r=�li a �rq 1.0+ above e*ti5+_n9 - bask. guera #"Cap? \�5ccvcZ� PProci �h, lk hcaci ' i s c+iouVe fac+n9 P. d erp +,, bofjow PrcNc nf' S� �+rr� , � �upproa% J l 4. { � . � . , � L� 1 � � / / c%u%Zc /•ocean 4 oc oNa v. �� 1. t jf 6 mi4at. foeki paifor.,. R 1�� !� kr�b ck I 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