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HomeMy WebLinkAbout70-93 Brabble, KennethPermit Class NEW STATE OF NORTH CAROLINA / Department of Environment, Health & Natural Resources and Coastal Resources Commission Vermtrt for X Major Development in an Area of Environmental Concern pursuant toNCGS 113A-119 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kenneth E. Brabble. 109 Dogwood Drive, Washington NC 27889 Permit Number 70-93 ..__ rd/o authorizing development in Beaufort County at Bath Creek, off of SR1339 at Lot 27, Peninsula Acres aswuestednha �rec nel including attache wor an drawings, , w/odated on5ateRdLd. This permit, issued on June 22, 1993 , 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 terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) The bulkhead will not extend more than 3 feet from the normal water level at any point along its alignment at the time of construction. 2) The authorized bulkhead alignment will be staked by a representative of the Division of Coastal Management prior to its construction. 3) The bulkhead must be constructed prior to any backftlling activities. 4) The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. (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, 1996 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 DEHNR and the Chairman of the Coastal Resources Commission. cam— Roger N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee Kenneth E. Brabble ADDITIONAL CONDITIONS Permit #70-93 Page 2 of 2 5) The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted, except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6) 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. 7) All backfill material will be obtained from a highground source and confined behind the permitted bulkhead. 8) All fill material to be placed below normal water level will be confined behind the permitted bulkhead. 9) No fill will be placed within any wetland area other than that which has already been authorized by the Corps of Engineers. Breakwater 10) The alignment of the authorized breakwater will be staked by a representative of the Division of Coastal Management prior to its construction. 11) The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having the permit transferred to a third party. NOTE: The Division of Environmental Management authorized this bulkhead and associated fill activity under General Water Quality Certification No. 2665 issued on January 21, 1992. APPLICATION TRANSMITTAL/PROCESSING RECORD 3 ^ A) Applicant: Kenneth E. Brabble County: BeaufG/�ort Location of Project: Peninsula Acres Subdivision. off SR 1339, Bath Creek Date Application Received Complete by Field: 26 April 1993 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: Gossett District Office: Washington District Manager Review: 1. � B) Date Application Received in Raleigh: Fee Rec'd: Public Notice Rec'd: End of Notice Date: Adj. Rip. Prop Notices Rec'd: Deed Rec'd: Application Assigned to: on C) 75 Day Deadline: 150 Day Deadline: Mail Out Date: State Due Date: Federal Due Date: Fed. Comments Rec'd on D) Permit Final Action: Issue Deny Draft on AGENCY DATE COMWTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office Division of Comm. Assistance Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources Commission Div. of Water Resources 1999 Div. of Marine Fisheries Ll- �lTb: DATE: SUBJECT: 3 I T7- y � MAY 0 7 1993 U�u David Gossett John Crew 5 May 1993 Kenneth Brabble Proposal, Peninsula Acres, Bath Creek, Beaufort County, North Carolina M E M O R A N D U This proposal on Bath Creek is for a bulkhead and breakwater to retard erosion and falls under the auspices of the March 26 1993 CRC Certified Beaufort County Land Use Plan Update. That Plan offers the following guidance on proposals of this type: Resource Protection Goals • Page VIII-4 C. "Support development in AEC's only if such development meets the management objectives in 15 NCAC 7H.0203 and the use standards in 15 NCAC 7H.0208 and .0209." • Page VIII-8 "The damaging of existing marshes by bulkhead installation - Bulkhead installation should employ appropriate construction and resource protection techniques. Where installation is required, development plans should consider every feasible alternative to minimize the damage to existing marshes." (Note - marshes are not defined in this document.) The land classification map shows this site to be in the Limited Transition Land Classification. That Class calls for future urban development with supporting services. My opinion is that if this proposal can be constructed in accordance with applicable environmental protection standards, it will not be inconsistent with the Beaufort County 1993 Land Use Plan. cc:,/Preston Pate John Parker DIVISION OF COASTAL MANAGEMENT FIELD•INVESTIGATION REPORT 1. APPLICANT'S NAME Kenneth E. Brabble 2. LOCATION OF PROJECT SITE Beaufort County, Peninsula Acres, Bath Creek off of SR 1339 PHOTO INDX: 1989: _ 1984: 12-17-84 76-606 P-6 STATE PLANE COORDINATES: C: 2,652.000 Y: 645,800 Pinetown L.R. 3. INVESTIGATION TYPE: DREDGE & FILL CAMA X 4. INVESTIGATIVE PROCEDURE: (A) DATES OF SITE VISIT 04/28/93 (B) WAS APPLICANT PRESENT No 5. PROCESSING PROCEDURE: APPLICATION.RECEIVID 26 April 1993 OFFICE Washington 6. SITE DESCRIPTION: (A) LOCAL LAND USE PLAN Beaufort County LAND CLASSIFICATION FROM LUP Conservation (B) AEC(S) INVOLVED: OCEAN HAZARD ESTUARINE SHORELINE COASTAL WETLANDS PUBLIC TRUST WATERS-X ESTUARINE WATERS OTHER (C) WATER DEPENDENT: YES X NO X Brea w� Bu kT head (D) INTENDED USE: PUBLIC PRIVATE X COMMERCIAL (E) TYPE OF WASTE WATER TREATMENT: EXISTING None PLANNED Septic tank (F) TYPE OF STRUCTURES: EXISTING None PLANNED Bulkhead, breakwater, pier (G) ESTIMATED ANNUAL RATE OF EROSION +3' SOURCE DCM staff observation 7. HABITAT DESCRIPTION: (A) VEGETATED WETLANDS AREA DREDGED FILLED OTHER Various ferns, cypress N/A +50 sq. ft. (B) NON —VEGETATED WETLANDS: N/A N/A (Area landward (C) OTHER: of breakwater) Open water +114 sa. ft. +434 sq. ft. (D) TOTAL AREA DISTURBED: +164 sq ft ±934 cn ft, (E) PRIMARY NURSERY AREA: YES NO X (F) WATER CLASSIFICATION: SB OPEN: YES NO _ x 8_ PROJECT SUMMARY: The applicant is proposing to construct a bulkhead and tireakwatpr to ratird nrncinr ;,t i - Frrnnrtvynn czbii�e4 ---- Kenneth E. Braddle Beaufort County CONDITIONS 1. The bulkhead will not extend waterward more than 3 feet from the normal water level at any point along its alignment at the time of construction. 2. The proposed bulkhead alignment will be staked by a representative of the Division of Coastal Management prior to its construction. 3. The bulkhead must be constructed prior to any backfilling activities. 4. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. 5. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6. 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. 7. All back fill material will be obtained from a highground source and confined behind the permitted bulkhead. 8. All fill material to be placed blow normal water level will be confined behind the permitted bulkhead. 9. No fill will be placed within any wetland area other than that which has already been authorized by the Corps of Engineers. 10. The alignment of the proposed breakwater will be staked by a representative of the Division of Coastal Management prior to its construction. David L. Gossett - Washington Regional Office - 4 May 1993 Kenneth E. Brabble Beaufort County Environmental Setting The applicant owns a 0.629 acre lot adjacent to Bath Creek in Peninsula Acres Subdivision off of SR 1339 in Beaufort County, North Carolina. At the present time, the lot is undeveloped, however, at a later date the applicant is proposing to construct a single family dwelling which will be served by a septic tank sewage disposal system. The majority of the lot is presently vegetated with various species of upland trees mainly oaks, except for an area directly adjacent to Bath Creek. This area, which extends across the majority of the width of the lot is a wetland area and has been delineated by the Corps of Engineers as such. The area the vegetated predominately by various species of ferns and cypress. Project proposal The applicant is proposing the following: 1. To construct 37.5' of wooden bulkhead adjacent to the southern property line. The bulkhead will connect to an existing adjacent bulkhead. The proposed bulkhead will average 3.0' beyond the normal water line and a portion of it will be constructed waterward of an area of wetlands (no coastal wetlands). The applicant has received a Nationwide Permit fr-m the Corps of Engineers to fill the area. 2. To construct 62.0' of wooden breakwater across the remaining width of the lot. This breakwater will be connected to the end of the proposed bulkhead and will be connected to an existing bulkhead on the adjacent property. The breakwater will be constructed so as to allow water transfer (see plat). The breakwater will average ±7' beyond the normal water line and will be ±10' at the furtherest point. The wetland area landward of the breakwater will remain in its natural state. 3. To construct a 152, long pier which will have a 12' by 14' deck at the waterward end. The pier will leave the shoreline, near where the bulkhead and breakwater connect. Environmental reports The project will involve the following environmental impacts: 1. ±50 sq. ft. of wetlands (no coastal wetlands) will be filled landward of the proposed bulkhead. This area has already been permitted to be filled by the Corps of Engineers. 2. ±114 sq. ft. of open water area will be filled landward of the proposed bulkhead. 3. ±434 sq. ft. of open water area will be confined landward of the breakwater. David L. Gos6eLt - Washington regional Office - 4 Vay 1991 Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name heNnlr4 1=. Address1�'� fl Cam,; rrl Q: City State N •C Zip_22 r6 r `1 Day phone (1 l9 T L)(r. Landowner or Authorized agent b. Project name (if any) ZA1 c. If the applicant is not the landowner, also give the owner's name and address. 112 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number I—r't '�7r4inl5:. 1✓1 I�(rci b. City, town, community, or landmark i7 tL.p. If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? Alc�+ 14_' "d S c. Will the project be for community, private, or commercial use? Pe iv:z }e d. Describe the planned use of the project. �e�:cten;i;al 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract , 629 Yck rr b. Size of individual lot(s) I / c ,2'i )�(r r c. Elevation of tract above mean sea level or National Geodetic Vertical Datum d. Soil type(s) and texture(s) of tract e. Vegetation on tract IL i.. 6r xir uir-l- Iw;vd i %o�• !tea 1cC,rcrk f. Man-made features now on tract iJ aN r c. County 13. Ao h' ;Z ig.' What is the CAMA Land Use Plan Classification of d. Is proposed work within city limits or planning the site? (Consult the local land use plan.) jurisdiction? Ni' — _Conservation _Transitional e. Name of body of water nearest project Developed Community (3 Fl i 1•. C r nearest IS —Rural _ Other 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT h. How is the tract zoned by local government? Qt • c1 rr+},n l e, How are adjacent waters classified? 3-19 a. Describe all development activities you propose (for j example, buildingg a home, motel, marina, bulkhead, or pier). -_ " ,,—, Has a professional archaeological survey been carried out for the tract? WO If so, by whom? 1289 5 UPLAND DEVELOPMENT Complete this section if the project includes any land . development. a. Type and number of buildings, facilities or snucturesproposed I 5w131c ,.y� b. Number of lots or parcels I c. Density (Give the number of residential units and the units per acre.) I 2r•,:. i i e: L Z A m. Water supply source !r%r •iL1 1 P 1 ) n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accesss ays or provide new access. d. Size of area to be graded or disturbed o zU �,e Acre- e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation 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? ,-,,I In f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. N � !� g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. bi / r/4 h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? N 1 A i. Describe proposed sewage disposal and/or waste water treatment facilities j. Have these facilities received state or local approval? rr.: � A +-TgJ * i k. Describe existinPP treatment facilities. /Vo,Jr 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down-). r4 / n If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? /VA 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Access channel (MLW) or (NWL) Boat basin Other ,a. - 1 water, �•�•. boat ramp, *2 rock jetty) Fill placed in wetland or below MHW Upland fill areas Length Width Depth r aI w Jf /xi,V Lit i�l BW b. Amount of material to be excavated from below water level in cubic yards VIA c. Type of material ✓ ] Ft d. Does the area to be excavated include marshland, swamps, or other wetlands?� e. High ground excavation, in cubic yards 2 12/89 f. Dimensions of spoil disposal area Nt to g. Location of spoil disposal area N I 0 h. Do you claim title to the disposal area? �— If not, attach a letter granting permission from the owner. i. Willa disposal area be available for future maintenance? N M If so, where? j. Does the disposal area include any marshland, swamps, or water areas?N I � k. Will the fill material be placed below mean high water? V e 5 1. Amount of fill in cubic yards R oo.� Avr IS in. Type of fill material 5 r4 nt cl n. Source of fill material i in I n ntd o. Will fill material be placed on marsh or other wetlands? PF tL 3• I�i r aJ<`rY. i3 A u le .L�Jeoz% Carr) p. Dimensions of the wetland to be filled t S' L o , I• S�f 5ee O. AP't'r-; q. How will excavated or fill material be kept on site and erosion controlle ? 3,;1, 1 er��l T. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Bra1.1<F%uo s. Will wetlands be crossed in transporting equipment to project site? N t� If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 3 Z s- b..Average distance waterward of mean high water or normal water level _ iZ _ c. Shoreline erosion during preceding 12 months, in F.m 121 d. Type of bulkhead material !,/ )ooj e. Amount of fill, in cubic yards, to be placed below meanhighwater�)n: o-f )4llvt�s f. Type of fill material 6 Ani c/ 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing 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 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. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 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 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding 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 personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwaler 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 comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. 12/89 Name W c 8ln "F (i ' jC Address 101 :2 1a RrN ,bia C-Il rr fa b. N y i 2`i 3 13 Name r Address o -Y _zWautA Z 7 e 3 Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 2y-'cc. A check for $160 made payable to the Department of Environment , Health & Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION 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 conditions and restrictions contained in the permit. I cenify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further cenify 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 application and follow-up monitoring of project. This is the day off , 19_. Landowner or Authorized agent 12/89 6.3' 6 pGbg6 b A � �.�� -0.7, /Q Proposed 2.7'' 1..2' -/.4' 2 21, io zB" O~ O Pi ; \\Q Cypress y, a 5.3 P, Proposed Elev. 2.2' m X -/o, m p , Northwest �X, 1, N C B.2 corner at conore a Lo �yr� � > I IPumphouse J, LLII /--- WILL/AM E. BOYD B SHEET 1 of 2 l26 D.BK871, PB7o O 15 30 60 90 Q. CAMA PERMITAPPLICATION LOT 27 PENINSULA ACRES for KENNETH GRABBLE BATH TOWNSHIP BEAUFORT COUNTY NORTH CAROLINA SCALE= iR= 30' DATE:tIOVEMBER 16,1992 BY:•Haod Richardson, PA. 208 North Market Street Washington, NC 27889 Phone:975-3472 _1.2, I n Cb A- W XI X-5.3' 1� 3.B' -4.8, X -5.5, -55 a Elevation Datum: Mean High Water Mork LEGEND X Spot elevation Bulkhead, proposed -55' X-5.7' - 5.2, A ' GROUND PLAN VIEW WOOD BREAKWATER PILIN TYPICAL SECTION NO SCALE Elev. 2.7' max. CREEK BOARD BREAKWATER TYPICAL SECTION NO SCALE T ZMEET Z of Z CAMA PERM/T APPL ICA T/ON for KENNETH BRABBLE BATH TOWNSHIP BEAUFORT COUNTY NORTH CAROLINA SCALE : AS SHOWN DATE:NOVEMBER 16, 1992 BY Hood Richardson, P.A. 208 North Market Street Washington, NC 27889 Phone 975-3472 9z•o1-347 \ w♦ 2.7' X - 0.7' Proposed Elf vo//on 2.7' O O 4 Proposed Elevation 2.50 CAMA PERMIT APPLICAT/ON LOT 27 PENINSULA ACRES for KENNETH BRABBLE BATH TOWNSHIP BEAUFORT COUNTY NORTH CAROLINA SCALE - I°= 10' DATE: MARCH 23, 1993 BY: Hood Richardson,PA 208 North Market Street Washington, NC 27889 Phone: 975 -3472 0 5 10 20 30 Graphic Scale V 28 11 CYPRESS PROPOSED PIER PROPOSED .BULKHEAD ELEV. 2.2 �\ X-GO'