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HomeMy WebLinkAbout163-84 Bishop, ReginaldPermit Class Permit Number New STATE OF NORTH CAROLINA 163-86 Department of Natural Resoi�s'' d Community Development Coestai eSouroes"L'o scion XCEi .v J�D AA 23 ioA4 oG, R / t fox z Q i�� tol 7, 6frJ Major t", I t in t �vlrotimental Con to 3i c}1i Excavation' ptsratant to NCGS 113-229 - Issued to Reginald H. Bishop, 513 Front Street Belhaven NC 27810 authorizing development in Beaufort County at Pantego Creek on Front Street as requested in the pennittee's application dated 5/14/84 including attached plats, 2,/plan view and X-section no date This permit, issued on�V2:%Zggf -,is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these teens may subject permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) The bulkhead will not extend waterward more than three feet from the normal water level at any point along its alignment. Representatives of the North Carolina Office of Coastal Management and the Corps of Engineers are available to stake the bulkhead alignment to prevent an unintentional violation of this authority. (2) All backfill material will be obtained from an upland source and confined landward of the permitted bulkhead. (3) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction -rela- ted discharge. (4) If submergent cultural materials are encountered during construction, the permittee will immediately notify the Regulatory Branch, Wilmington District, U. S. Army Corps of Engineers, telephone (919) 343-4632 and the Office of Coastal Management at 946-6481. NOTE: The proposed project is certified under General Water Quality Certification No. 1272 issued on November 10, 1978, for bulkhead construction. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee 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. 1987 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 Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee Reginal H. Bishop Permit #163-84 Page 2 of 2 ADDITIONAL CONDITIONS ' NOTE: In keeping with the provisions of GS 146-6(c) the State Property Office of the Department of Administration has granted authorization to fill State=owned submerged lands as described in this permit. e f DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. Box 1890 WILMINGTON. NORTH CAROLINA 28402 July 19, 1984 IR REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC084-N-007-0256 Mr. John Parker North Carolina Department of Natural Resources and Community Development Office of Coastal Management Post Office Box 27687 Raleigh, North Carolina 27611 Dear Mr. Parker: P� RECE-PvT-,D 9UL fid - Reference the application of Mr. Regina q H. Biah for a Department of the Army permit to construct and 1 a bulkhead and repair a pier on Pantego Creek in 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: 1. The bulkhead will not be positioned farther than 5 feet waterward from the normal water level (NWL) elevation contour at any point along its alignment. Representatives of the North Carolina Office of Coastal Management and the Corps of Engineers are available to stake the bulkhead alignment to prevent an unintentional violation of this authority. 2. All backfill material will be obtained from an upland source and confined landward of the permitted bulkhead. 3. If submergent cultural materials are encountered during construction, the permittee will immediately notify the Regulatory Branch, Wilmington District, U. S. Army Corps of Engineers, telephone (919) 343-4632. goeationa or c01IM1610a I44y ba 4d'464084 to Mr, 410ye brown, F41001n114 019) 1/11-hba2, Sincerely, Charles W. Hollis Chief, Regulatory Branch -Tyep STN[o OFFICEOF North Carolina Department of Natural COASTAL MANAGEMENT Resources &Community DevpAl ment David Owens ,� Director James B. Hunt, Jr., Governor dam��ppVWr Secretary Telephone 919733-2293 �uN 26 193 22 June 1984 Memo To: John Parker J i-� 1 From: David Gossett Subject:_Application for State Permits a H BBis o Pantego Cree.K Beaufort County Field Services P.O. Box 1507 Washington, NC 27889 (919) 946-6481 On 1 June 1984 this office received an application from Mr. Bishop for a CAMA Major Development Permit to construct a bulkhead waterward of the NWL in Pantego Creek. As can be seen by the application, a portion of Mr. Bishop's proposed bulkhead alignment is positioned an average of 16' beyond the NWL. It is my opinion that this exceeds the amount of land lost to erosion in the past twelve months. Because of this, I recorm>end that the subject permit be conditioned to read: "The bulkhead will not extend waterward more than three feet from the normal water level at any point along its alignment." If you have any questions do not hesitate to contact me. cc: Creston Pate Steve Brown P O. Box 27687 Raleigh, N. C. 27611-7687 An Ecual OooOrlunif v Affirmative Action Emolover ' er Ito " North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary 7 June 1984 Mr. John R. Parker, Jr. Permits Coordinator Office of Coastal Management Raleigh, NC 27611 Dear Mr. Parker: The attached copy of an application submitted by: Reginald H. Bishop Applicant's Name Front Street Belhaven Beaufort County Location of Project County OFFICE OF COASTAL MANAGEMENT Kenneth D. Stewart 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) ... 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 and Federal agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Section are X covered on the reverse side; attached; will be forwarded later. W Sincerely, Preston P. Pate, C 1ef Field Services Section PPP:kh:1526 P. 0. Box 27687 Raleigh, N. C. 27611 7687 N X (A) This agency interposes no objection to the proposed work. (B) Dredge and/or Fill. 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. (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 riparian 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; (C) CAMA Major Development. This agency objects to the project as pro�The objection is based upon findings which lead to the conclusion that a violation would occur as covered in G.S. 113A-120 and/or 15 NCAC 7I. The following reference indicates the specific citation by which objections have been made. (D) Agency findings relating to item(s) A and/or B and/or C are hereby detailed. NO CONDITIONS (E) Comments are submitted that do not directly relate to item B and/or C but are relevant to the public interest. (These comments will be forwarded by the Department of Natural Resources and Community Development to appropriate State or Federal ag ncies). 4y� e - - sighed 17_Zl date OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I K Applicant's name Reginald H. BishoA Location of project site Beaufort County Town of Belhaven Front Street Pantego Creek 3. Investigation type: Dredge & Fill CAMA X 4. Investigative procedure: (A) Dates of site visit 6-6-84 (B) Was applicant present Yes 5. Processing procedure: Application received 6-1-84 Office Washington 6. Site description: (A) Local Land Use Plan Belhaven Land classification from LUP Conservation Development constraints identified in LUP The Belhaven Land Use Plan indicates no development will occur in Public Trust Waters except those which are water dependent. It states, however, that bulkheads are water dependent which is not tt case. (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 waste water treatment: Existing m/A Planned N/A (F) Type of structures: Existing Deteriorated bulkhead pier and riprap Planned Bulkhead (G) Estimated annual rate of erosion less than 1' Source OCM staff observation 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other None (B) Non -vegetated wetlands: (C) Other: Open water None + 600 sq.ft. (D) Total area disturbed: + 600 sq.ft. 8. Project summary The applicant is proposing to construct 150' of new bulkhead to stabilize his shoreline. Also proposed is the repair of a 93' long section of deteriorated bulk- head and the repair of a pier. Environmental setting The applicant owns a 120' x 100' lot on Front Street in the Town of Belhaven. The property is a vacant lot between the street and Pantego Creek. Along the west side of the property i-s a + 93' long deteriorated wooden bulkhead which is in need of repair. At the southwest corner of the property is a + 110' long deteriorated pier which is also in need of repair. Located along the south side of the property is riprap which has stabilized the property fairly well in regards to erosion. Along + 75' of this area of shoreline the riprap is located near the normal water level. Along the other 25' the normal water angles in a northeasterly direction away from the riprap. In this area the riprap is low enough to allow water movement throughout the area. This low riprap continues in aneasterly direction in front of other properties. The riprap has stabilized the entire length of shoreline fairly well. No significant erosion appears to be occurring. Project proposal The applicant is proposing the following: (1) To repair the existing 93' of deteriorated bulkhead along the existing alignment. (2) To repair the existing pier to its present length and width. (3) To construct a wooden bulkhead along the southern shoreline. 75' of the bulkhead will average 3' beyond NWL and will be located near the toe of the riprap. 25' of the bulkhead will also be placed near the toe of the riprap, however, this portion will average + 16' beyond the NWL and will be + 30' at the furthest point. After completion of the bulkhead, the confined area will be backfilled. Environmental impact If the project is conducted as proposed, + 600 sq.ft. of open water area will be filled. The creek bottom throughout the area to be filled is covered by riprap or is composed of sand. No wetland vegetation will be excavated or filled. David L. Gossett - Washington Office - 7 June 1984 Wa.ak • APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY 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 Distric - (GS 113.229, 143.215.3(a)(1), 143-215.3(G), 113A-118 (33 CIF 209.320-3291 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 Last �tLf? Middie B. Address � S[reet�Or. < or Route ^7 or� Z�a3 City or Town State �r 16 Oc Zip Code Phone II. Location of Prop d Project: A. County ` (Lb--r B. 1. City, town, community or landmark k�� qUe ►� . 1 7i C 2. Is proposed work within city limits? Ye� No 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 A 1. Access channel length width depth 2. Boat basin length width . depth 3. Fill area length width depth 4. Other length width depth C. 1. Bulkhead length 6 1 Average distance waterward of MHW (shoreline) �� ( ;; 7 1 I 4, 2. Type of bulkhead construction (material) S A LT, T►e_n 1 eeQ .,7 f . D. Excavated material (total for prti e't) 1. Cubic yards 2. Type of material E. Fill material to be placed below h HW (see also VI. A) • 4;�Ard4we�e / 1. Cubic yards S i 8 2. Type of material ^ X n , IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes AZ�o B. Does the disposal area include any marshland, swamps or other wetland? Yes No C. Disposal Area EP l ks'i'a 1. Location 2. Do you claim title to disposal area? D. Fill material source iffill isurbcUucket' .r.i we.7e.a a fa4.�i !' I E. How will excavated material he entrapped and erosion controlled? f ' �^�_?�1•ik h «t 1 . 1 ype of equipment to he used lk A,2A !iV t'_euTr AnT v-c G. Will marshland be crossed in transporting equipment to project site? If yes, explain nR G.n 1 V. Intended Use of Project Area (Describe) A. 1. Private ✓ 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot ske(s) / °� e' I On 2. kbutim of lots) above mean high water 4- Z s Q 3. Soil type and texturora%-Gamen 4. Type of building facilities or structures A 0 _ S. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe S. Land Classification (circle one) EVELOPED TRANSITIONAL COMMUNITY' RURAL CONSERVATI OTHER (See CAMA Local Land. Use Plan Synopsis) VI. Pertaining to Fill and Water Quality: ' A. Does the proposed project involve the placement of fill materials below mean high water? Yes_No B. 1. Will any runoff or discharge enter adjacent waters as yesult of project activity or planned use of the area following project completion? Y s_No (_ _ 1. Type of discharge 3. Location of diseharl VII. Present rate of shoreline erosion (if known): 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: IX. Length of time required to complete project: 62 d fF 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 B. Attach an accuraje 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 haveZ0 days in which to submit comment .tq agenjies listedlbelow. Xi. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinals 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 activitiesyir(cluding construction, excavation, filling, and land clearing. / DATE Applicant's Signs re _ DaF-92 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS Rev- 1017A . Por-oNT 6T, 4-j. z .1-3-o P*OL.Z"o CV-naKC dO®l9OOP �dC'J ���� IST 75�AN gvc,oId 3/ SeNLOFW& _ 4.o LM Sfive ►1�aip1�%�Te�i :TS�q. SCS PJIS T, T.A4,k0'OL, 419161AS NO — N J4 4) 6.0 L c. t+ i ,(!, r a• y reaY � 1 v �j b, t' a � . 1 P l MY ) �p�t�`�- t es�r e S ,r ' ► r y; SsA '�` .. *� y !i l � ��i'{"i�, It 3�_ Jy r �'r�2'��+!'�� r�i f .: /5 � 4u# l A��6 rdit�• � it 3• *.•k x "sA v . • .� � �Uy't•'' y .F �. ha {t � ��xx r • Y t rY. , i �� • •rem 4 �Saa} ,•, y. �. FY �a�° iiyyygg: s •• • t y r gyA+.►w - I 'a 'rP S� f4,r.' 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Bishop 513 Front Street Belhaven, North Carolina 27810 Dear Mr. Bishop: On January 27, 1981, we issued general permit No. SAWCO80-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 June 11, 1984, for a Department of the Army permit to construct and backfill a bulkhead on Pantego Creek in Belhaven, Beaufort County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative procesain> of your applii^^ " ' be accomplished by the North Carolina Office 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 notified and informed of its further management in writing. 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 has been assigned No. SAWC084-N-007-0256 and will be coordinated by Mr. Steve Brown, telephone (919) 343-4632. He is available to address questions or comments you may have. Sincerely, Charles W. Hollis Chief, Regulatory Branch f T I I C vc Cat N �Tw