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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 eiL i � 1 �---- - o '._, , 1. c �. � � �' f t I � ` � t1 � '� '� r }� � ;� to I� � � s { � - _ __ i �� � t i � � fv I-' . � ,� o � �� - ,�,, N'0 ��1,�' � , - �--- ..-E .:� d S: p a /� � s r � � y,i 1 � � u � � � Syi�+� 4�1� � � 7,= n(� r z' �� � 'L t�1 fe i ���,r � �� ..u.:.""tv ��.:� 't �a � i� ° Nn� Sao% �.. aW 1 ` ' 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. 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