HomeMy WebLinkAbout23-77 Braddy, JamesState of North Carolina
Department of Natural and Economic Resources
PERMIT
TO EXCAVATE AND/OR FILL Permit No. 23-77
(Re: G. S. 113-229) Permit Class
Issued to: Mr. James M. Braddy New
Box 172, Belhaven, North Carolina 27810
This permit authorizes excavation and/or fill work in
Beaufort
County, N. C.
at _Pungo River (near Winsteadville, off SR 1722) as requested in the permittee's
application dated 9/26/76 S attached revised plat dated rec. 2/9/77 subject to
the conditions set forth below. At
(1) That all backfill material be obtained from a highland source and
fined behind the permitted bulkhead.
(2) 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.
(3) That all fill material to be placed below mean high water is confined
behind the permitted bulkhead.
(4) That erosion of fill material and disturbed land areas resulting from
project activities be controlled with vegetative covers and other
appropriate means. Vegetative covers should be established within
30 days after completion of project activities.
(5) That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside of the area of construction or construction
related discharge (increases of 25 JTD's or less are considered
THAT 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
PRECISELY, THE PERMITTEE IS SUBJECT TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS
PROVIDED IN G. S. 113-229 (K) AND (L).
That this permit may be 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.
That this permit must be displayed along 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 person-
nel when the project is inspected.
That any maintenance work or project modification requires further Departmental approval. Subject to
permit renewal, all work must cease when permit terminates.
This permit terminates on December 31, 1979
Issuing Date: March 1, 1977
Signed by the authority of the Secretary of the
Departure t Natural Econo 'c Resources
Form D&F-g
Revised 3/76
Edward G. McCoy�Diiector
Division of Marine Fisheries
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' DIVISION OF
North Carolina Department of MARINE FISHERIES
Natural & Economic Resources E°WARD ECTO
DIRECTOR
R
BOX 27687, ROAEIGH 27611
JAMES E. HOLSHOUSER, JR., GOVERNOR JAMES E. HARRINGTON, SECRETARY TELEPHONE 919829-3767
December 29, 1976
a Zw
Mr. James,: Braddy oL�
Box 172 Q
Belhaven, o arolina 27810 i
Dear Mr. Braddy:
3
This letter is with reference to the. application that you
submitted for a State permit to excavate and/or fill on the
Pungo River at Woodstock Point in Beaufort County, N.C. Your
request has been carefully reviewed. Processing of the application,
involving plan review and/or on site inspection by eleven State
agencies, is now complete. The resulting coordinated State agency
viewpoint includes significant objections to your proposal. There-
fore, it is my duty to inform you at on th'e�,basis of these ob-
jections, your permit request is ereby denieda
Objections to the issuance of your requested permit resulted
from findings of the above mentioned investigating agencies.
These findings and objections lead the Department to conclude
that the project would be detrimental to those areas over which
it has jurisdiction and interest as defined in the Dredge and
Fill law (G.S. 113-229). Our findings are as follows:
Division of Archives and History. Department of Cultural
Resources - recommends permit denial based on information
that there is a known historic archaeological site on the
property which would be adversely affected by project activities
specifically, backfilling. Recommendations of this type
are applicable under G.S. 113-229 (e) (3) ."that there
will be significant adverse effect on public health,safety
and welfare (emphasis added).
State Property Office, Department of Administration - objects
to fill material being placed more than 4 feet below mean
high water. Further, an Easement to Fill rom that office
would not be required if fill does not exceed four feet.
Comments of this nature are applicable under G.S. 113-229
(e) (1) ..."that there will be significant adverse effect
of the proposed dredging and filling on the use of the water
by the public.
Division of Marine Fisheries, Department of Natural & Economic
Resources - would object to any fill exceeding ten (10)
feet from the mean high water line and recommend realignment
-2-
of the bulkhead.
When a request for a permit is denied, the applicant is
entitled to a hearing before the Marine Fisheries Commission,
as provided for in G.S. 113-229. He is also entitled to representa-
tion by counsel. This office must be notified within twenty (20)
days from this date if a hearing is desired. The applicant is
also entitled to submit a modified version of his present plan.
This could be done at any time. In your case, it may be that
moving the bulkhead inland to approximate an alignment averaging
four feet offshore would enable the Department of issue a permit.
If you elect to do the latter, Department personnel are avail-
able to consult with you and to initiate processing of a completed
modification.
Should any questions arise on this matter, do not hesitate
to contact this office.
Very Sincerely,
s (/�_ac:9 W� 7
Leo ,Tilley
Assistant Director
LLT:sh
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
NERNorth Carolina Department of
Natural & Economic Resources
JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY
(�\ VO
Date
Mr. James T. Brown, Chief
Estuarine Studies Section
Division of Marine Fisheries
Box 769
Morehead City, North Carolina 28557
Dear Mr. Brown:
The attached copy of an application submitted by:
s Name
of Project
DIVISION OF
MARINE FISHERIES
EDWARD G. McCOY
DIRECTOR
BOX 27687, RAI EIGH 27611
TELEPHONE 919 829-3767
QCj _ 10 '
N L, DEVU E MS
MARIlE FISH
(5e
for a state permit to perform excavation and/or fill work in coastal North
Carolina is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on the
propos d wort and return to the Division of Marine Fisheries not later than
lO ,�z 1 117Co
LLT:dah
Sincerely,
L. Leo Tilley, Assistant Director
Division of Marine Fisheries
(Please use reverse side for comments and signature.)
0 (A) This agency interposes no objection to the proposed work.
❑ (B) 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) Agency findings relating to Item(s) A and/or B are hereby detailed.
❑ Detailed comments continued on attached sheet. (SEE NOTE BELOW)
No objections with following conditions: (1) That the bulkhead must not exceed 10' from
the normal high water mark at any point along its alighment; (2) That all backfill materiel
be obtained from a highland source and confined behind the permitted bulkhead; (3) That
no excavated or fill material be placed an any time in any marsh or waters of the state;
outside of the alignment of the fill area indicated on the plat; (6) That all fill ma-
terial be placed below mean high water be confined behind the permitted bulkhead.
❑ (D) Comments are submitted that do not directly relate to item B but
are relevant to the public interest. (These comments will be for-
warded by the Department of Natural and Economic Resources to
appropriate State or Federal agencies.)
NOTE PARKER: We have no objs. to the proj. provided the app. does not go any further than 10'
offshore. I would suggest that you write the app. and request a modified plat
to show the 10' alignment
Signed J. T. Brown
10-18-76
Date
Div. Marine Fisheries
PO Box 769
Morehead City, NC 28557
October 18, 1976
MEMORANDUM TO - Jim Brown
From R. D. Nelson
Subject App. for State permit, - James M. Braddy 9-26-76
Location - Beaufort County - Pungo River - End of a dirt road off SR 1722 approximately
two miles NE of Winsteadville.
Investigative process - App. rec. Raleigh 9-28-76; Morehead 10-1-76. Site investigated
10-13-76.
Environmental setting - The overall site consists of a river front summer home settle-
ment on the Pungo River approximately half mile south of Woodstock Point. The area
which is built up largely of summer cottages and trailers contains numerous wooden
jetties and breakwaters which are utilized to prevent beach erosion. The specific site
contains a house trailer which is utilized as a summer home. The site is well grassed
and contains several pine trees scattered throughout the lot. Adjacent to the shore-
line the lot exhibits evidence of continued erosion. The banks are 3-4' high, and the
overall shoreline has eroded in a concave configuration. Along the water's edge, nu-
merous tires and other forms of debris are present. A bulkhead presently is about 2/3
completed across the front of the property. This bulkhead encompasses approximately
1,000 sq.ft. of marginal shallow water habitat.
Project description - The applicant proposes to complete the existing bulkhead and
backfill an area measuring 68' x 20' behind the structure. Approximately 90 cu.yds
of fill material will be placed in water behind the bulkhead.
Environmental impact - If the project is constructed as proposed, approximately 1000
sq. ft. of marginal shallow water habitat will be filled. The proposed bulkhead and
backfilling will arrest an on -going erosion problem. Because of the concave structure
of the eroded shoreline, a straight line bulkhead will require some in -water filling.
Doug Nelson
STA f OF NORTH CAROLINA
DEPARTMENT OF
NATURAL AND ECONOMIC RESOURCES MEMORANDUM'
From: John Parker
DATE:
TO: n >,.wp.>s.4 SUBJECT:
vy
2rt7-
1 Al
_ \9a
G. 10�Eg\ES
f,.
APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL
StA�c Ge Py.
State of North Carolina
Department of Natural and Economic Resources
jI. (Re: GS 113-229)
Corps of Eng
(Re: River
Please type or print and fill in all blanks. If the information requested is not
indicate by placing N/A in the blank.
Applican'
A. Name
B. Addre
11. Location of Proposed Project:
A. County f'PA ✓ f O R ,
B. 1. City, town, community or landmark ui)^i4:4,,eltj L�-•C_
2. Is proposed work within city limits? Yes —No IPL -
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Ill. Description of Operation: P
A. I. Maintenance of existing project ✓ 2. New work s�
B. Purpose of excavation or fill
1. Access channel length width depth
IV
2. Boat
3. Fill a
Ill
C. 1
2.
D. Excavated material (total for project)
1. Cubic yards I to 2.
E. Fill material to be placed below MHW (see also VI
1. Cubic yards 940 2.
Land Type, Excavated Material, and Construction Equipment:
A. Does the area to be excavated include any marshland? Yes —No
B. Does the disposal area include any marshland? Yes —No
OI
Type of material CIT�
A) j
Type of material C ham- y ! 1�
C. Disposal area 1. Location L-Pam--u._
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in
E. How will excavated material be entrapped or encased?_
of the Army
F. Type of equipment to be used—W-W-84
G. Will marshland be crossed in transporting equipment to project site? (If yes, explain)�L-�
V. Describe Intended Use of Project Area:
A. 1. Private k oil ti oaf'
2. Commercial
y A�
4. Uther 4 --
D&F-Bl
Rev. 3/74
B. 1. Lot sizes) - 1622
2. Elevation of lot(s) above mean high water
3. Soil type or texture C it!y ,tom
4. Type of building facilities or structures
5. Method of sewage disposal or treatment. D qA,), - ieko -LIL �.Q ✓t�}�
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 assult of project activity or planned use of the
area following project completion? Yes_ No_
2. Type of discharge 4,44-
3. Location of discharge
VII. Present rate of shoreline erosion (If known): Z
Vill. List permit numbers and Issue dates of previous Depannent of Army Corps of Engineers or State permits for
work In project area, if applicable:
IX. Length of time required for project activity:
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. (Note: Federal law requires the
applicant to be the owner or his designated agent).
B. Attach an accurate work plat drawn to scale on 8%2" 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 ri arian landowners by registered li
certified mail or by publication (G. S. 113-229 (g) (9) and (10)). Enter date served_l
Such owners have 30 days in which to submit comments to agencies listed below.
D. List the names and complete addresses of the riparian landowners with property adjoining applicant's
tract.
hA hA A wLv A i ti 7sj' r+ rNow Nli k-e 4 - ,r_ f
DATE
Applicant's Signalore
Send one completed copy each to
Permit Section
Division of Marine Fisheries
Department of Natural & Economic Resources
P. O. Box 27687
Raleigh, North Carolina 27611
Ph. 919-829-3767
District Engineer
Department of the Army
Wilmington District Corps of Engineers
P. O. Box 1890
Wilmington. North Carolina 28401
(Note: attach Corps cover letter)
Ph.919-763-9971 Ext.565
D&F-62
Rev. 3/74
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