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HomeMy WebLinkAbout 60-95 Butt Homestead TrustPermit Class Permit Number NEW 60-95 ' STATE OF NORTH CAROLINA Department of Environment,. Health & Natural Resourcesj� �� and III TF I)'I I] m�I p 1 - Coastal Resources Commission Vamit IVI =L:aul: `s 1for �J % Major Development in an Area of Environmental ConcertP...w..................�r pursuant toNCGS 113A-118 % Excavation and/or filling pursuant to NCGS 113-229 Issued to Butt Homestead Trust, c/o Margaret Pate, Trustee, 1317 Hohnan St., Kinston, NC 28501 authorizing development in Beaufort County at Pamlico River, immediately east of Durham Creek, off of Hwy. 306 as requested in the pemrittee's application dated 2/28/95 including attached workplan drawings, "The Butt Homestead Trust", sheets 1-3 of 3 dated 12/19/94. This permit, issued on MAY 26 - 1995 is subject to compliance with the application (where consistent with the pemtit), 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 mill and void. Pre -Construction Meetin¢ 1) Prior to beginning any work authorized herein, an onsite meeting will be held at the site between the permittee, or the permittee's agent, contractor, and a representative of the N. C. Division of Coastal Management. 2) The alignment of the proposed riprap must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of 30 days prior to the new expected start of 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. 1998 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. M oger . Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Butt Homestead Trust, c/o Margaret Pate Permit A0-95 Page 2 of 2 ADDITIONAL CONDITIONS Debris Removal and Erosion Control 3) All debris (stumps and trees) that is removed from the riprap alignmentmust be disposed of on highground. 4) A permanent ground cover sufficient to restrain erosion must be provided on all exposed areas within the shorter of 30 working or 120 calendar days after project completion. 5) Appropriate erosion and sedimentation control devices, measures, or structures must be used to prevent sediment from entering the adjacent wetlands/watercourses/property (e.g., silt fence, diversion swales/berms,sand fence, etc.). Wetland Protection 6) No vegetated wetlands will be excavated or filled. 7) No excavated or fill material will be placed at any time, in any marsh, or surrounding waters outside of the alignment of the fill area indicated on the workplans. 8) In the vicinity of the wetland area shown on plat 2 of 3, the riprap will be no higher than the natural ground elevation. 9) No riprap will be placed more than 5' beyond the NWL, except between (A) and (B) as shown on plat 2 of 3. 10) No riprap will be placed more than 12' beyond the NWL between (A) and (13) as shown on plat 2 of 3. 11) All sloping of the bank between points (A) and (B) will be scheduled so that all fill will be capped with fabric and riprap by the end of each work day. 12) The riprap material must consist of clean rock or masonry materials such as, but not limited to, granite or broken concrete. 13) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. NOTE: The Division of Environmental Management approved this project under General Water Quality Certification No. 2665 on April 27, 1995. APR 0 6 1995 +; TO: John Crew DATE: . 1 1 30 March 1995 Butt Homestead Trust, Pamlico River, Beaufort County, North Carolina This proposal is located on the south side of the Pamlico River near the eastern confluence of Durham Creek and comes under the auspices of the March 1993 CRC certified Beaufort County Land Use Plan update. The proposal involves placement of 1,100' of riprap to stabilize erosion. Estuarine waters, Estuarine Shoreline and Public Trust Areas of Environmental Concern are involved. The county plan offers the following limited guidance on proposals of this type: Page VIII-4 "County policy is to preserve and protect AEC's within Beaufort County." "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 VUI-13 County policy on mineral production is to "... continue to support mining activities when the projects are reviewed and permitted by appropriate state or federal mining regulations." This policy has some significance when you read the following concerning land classification. The land classification map shows the area in the Developed land class. (Note: this area is also shown as Industrial on the existing land use map. It appears these designations reflect the existing Texasgulf mining complex and proposed expansion in the vicinity. The actual character of the site better meets the intent of the Rural land classification, and as map scale is so large the map can not be relied upon for precise lot locations and land classification determinations. The site apparently was mistakenly put in the Developed class due to large scale mapping, which is imprecise for lot by lot mapping. At any rate, in the discussion of Relationship of Policies and Land Classification (page X-1 - X-2) it is noted the Developed class contains 4 sub -categories: multi -family, single family residential, commercial, and industrial. The Rural class notes areas here are dedicated to agriculture, forestry, mineral extraction and other allied uses, including very low density residential areas served with onsite water and sewer. MEMORANDUM Butt Homestead Trust 30 March 1995 Page 2 My opinion is if this proposal is accomplished in concert with applicable AEC standards, it is not inconsistent with county policy for AEC's. Map scale does not allow precise mapping, but I believe the proposal is not inconsistent with either the spirit or intent of either the Developed or Rural land classes as riprap is a common shoreline stabilization technique used in both the Developed and Rural land classes. cc: John Parker Aston Pate APPLICATION TRANSMITTAL/PROCESSING RECORD A) Applicant: Margaret Pate, Trustee County: �eaufort ( o Location of Project: Beaufort County, Butt Homestead, off NC 306 Pamlico River Date Application Received Complete by Field: 23 March 1995 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: D. Gossett District Office: Washington District Manager Review: B) Date Application Received in Raleigh: Fee Rec'd: $ Public Notice Rec'd: End of Notice Date: Adj. Rip. Prop Notices Rec'd: Application Assigned to: C) 75 Day Deadline: Mail Out Date: D) Federal Due Date: Permit Final Action: Issue Deed Rec'd: on 150 Day Deadline: State Due Date: Fed. Comments Rec'd on Deny Draft on AGENCY DATE COMIENTS 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 I Div. of Marine Fisheries ,, V DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Margaret Pate, Trustee 2. LOCATION OF PROJECT SITE: Beaufort County, Butt Homestead, off NC 306, Pamlico River Photo Index - 1989: 2-73-1, Q9 1984: 68-1387, U14 State Plane Coordinates - X: 2,653,600 Y: 604,400 Bath LL 3. INVESTIGATION TYPE: CAMA, Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 23 March 1995 Was Applicant Present - No, consultant present 5. PROCESSING PROCEDURE: Application Received - 23 March 1995 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification From LUP - Rural (B) AEC(s) Involved: Estuarine Waters, Estuarine Shoreline (C) Water Dependent: No (D) Intended Use: Shoreline protection (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - N/A Planned - N/A (G) Estimated Annual Rate of Erosion: ±7' average Source - DCM staff observation 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Other Openwater ±3,750 sq. ft. (D) Total Area Disturbed: ±15,400 sq. ft. or 0.3 acres (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing to place riprap along 1,100' of shoreline to retard ongoing erosion. MARGARET PATE, TRUSTEE Butt Homestead Beaufort County Environmental setting The applicant owns a 30 acre tract of land, which is known as the Butt Homestead, adjacent to and on the south side of the Pamlico River in Beaufort County. The property which has ±1,600 lineal feet of shoreline on the river is bordered by land owned by Texasgulf, Inc. Access to the property is by NC 306 through the Texasgulf Inc. main gate. The portions of the property which are being considered by the submitted permit application is divided into two halfs by ±500' of property on which is located two single family dwellings. This center portion of property is landscaped and is stabilized by a concrete bulkhead. The entire tract of land, which is located just east of the mouth of Durham Creek, has an elevation which varies from 0.0' to +12.0' above the NWL. See Sheet 1 of 3 for an overview of the entire shoreline of the Butt Homestead. The eastern half of the property which is being considered by this application has a length of ±370.0'. It has the lowest elevation of the two halfs and is experiencing severe erosion as defined by an obvious erosion scarp and fallen trees. This section of shoreline is vegetated with various species of hardwood trees and pines. An area of sand is located at or near the NWL. Within this area numerous cypress knees are present. The western half of the property which is being considered by this application has a length of ±630.0'. Approximately 220' of this section has a highly eroded bank which has an average height of ±12.0'. The remainder of the property has a lower elevation similar to the eastern half of the property. A large wetland area vegetated with Carex §P-P-- is located at the eastern half of this section of property. See Sheet 2 of 3 for details. The entire western half of the project area appears to be highly eroded, again evident is a defined erosion scarp and many fallen trees. The majority of the western section, except for the wetland area, is vegetated with various species of hardwoods and pines. Project proposal The applicant is proposing to stabilize the eastern and western portions of the property (±1,100 total feet of shoreline) by the placement of riprap. The eastern portion of the property will be the least difficult section to work with due to the low elevation. In this area, the applicant first proposes debris removal (fallen trees and stumps); then the placement of riprap along the 370.0' of shoreline. The riprap which will be Class Il granite will be placed an average of 5.0' beyond ,the NWL and 7.0' landward of the NWL. No significant land disturbance will occur except for the debris removal. See Sheet 3 of 3 for details. Margaret Pate, Trustree Butt Homestead Page 2 The western portion of the property_ will be more difficult to work with due to the ±12.0' bank. In this area, the applicant again proposes first debris removal (fallen trees and stumps), then the placement of riprap along the, ±630' of shoreline. The eastern 410' section of this portion of the property will be handled much like the entire eastern portion due to the low elevation. In this area, the riprap will be placed an average of 5.0' beyond the NWL and 7.0' landward of the NWL. No significant land disturbance will occur except for debris removal. See Sheet 2 of 3 for details. The most difficult section of the entire project will be the western 220' of the west portion of the property. In this area, the applicant is proposing to slope the bank at a 2:1 slope by pushing the bank an average of 10.0' waterward of the NWL. Once the sloping is completed, riprap will be placed atop the exposed slope and an additional 2.0' beyond the newly created toe beyond what will be the new NWL. As a result of this action, a total of ±12.0' of fill will be placed beyond the existing NWL along the 220' section of shoreline. See Sheet 2 of 3 for details. Environmental impact If the project is conducted as proposed, the following environmental impacts will occur: (1) ±3,700 sq. ft. of open water area will be filled as a result of the placement of the riprap and the bank sloping. (2) In the area of the proposed bank sloping, there exists a severe erosion potential into the Pamlico River if proper erosion control measures are not adhered to. (3) No wetland vegetation will be excavated and/or filled. Where riprap is proposed to be placed waterward of the wetland vegetation, it will be placed no higher than the existing elevation of the vegetation. David L. Gossett - Washington Regional Office - 29 March 1995 MEMORANDUM TO: John Parker FROM: David Gossett D THROUGH: Terry Moore "� DATE: 29 March 1995 SUBJECT: Request for CAMA Major Development Permit Margaret Pate, Trustee Butt Homestead Beaufort County, North Carolina Enclosed is the subject application which requests a state permit for the placement of riprap along 1,100' of Pamlico River shoreline to retard erosion. I have reviewed the proposal in regards to NCAC 7H, specifically .0208(b)(7)(D)(i) and (ii) which relate to shoreline stabilization. I feel that the eastern half of the project is consistent with (ii) in regards to riprap placement and the sloping of the high bank on the western half is consistent with (i). I recommend that the permit be issued with the following conditions: (1) Prior to any of the project commencing an onsite meeting will be held at the site between the permittee, consultant, contractor, and a representative of the North Carolina Division of Coastal Management. (2) All debris (stumps and trees) that is removed from the riprap alignment must be disposed of on highground. (3) At the time of placement, no riprap will be placed more than 5' beyond the NWL except between (A) and (B) as shown on plat 2 of 3. (4) At the time of placement, no riprap will be placed more than 12' beyond the NWL between (A) and (B) as shown on plat 2 of 3. (5) . All sloping of the bank between points (A) and (B) will be scheduled so that all fill will be capped with fabric and riprap by the end of each day. CONDITIONS Margaret Pate, Trustee Page 2 (6) The riprap material must consist of clean rock or masonry materials such as but no limited to granite or broken concrete. Materials such as tires, car bodies, scrap metal, paper products, tree limbs, wood debris, organic material or similar material, are not considered riprap. (7) The riprap material must be free from loose dirt or any other pollutant. It must be of a size sufficient to prevent its movement from the site by wave or current action. (8) No excavated or fill material will be placed at any time in any marsh or surrounding waters outside of the alignment of the fill area indicated on the work plat(s). (9) In the vicinity of the wetland area shown on plat 2 of 3 the riprap will be no higher than the natural ground elevation. (10) The alignment of the proposed riprap must be staked by a representative of the Division of Coastal Management (DCM) within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be re -staked by DCM within a maximum of 30 days prior to the new expected start of construction. I Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land cleating, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 14 and 8-9 must be completed for all projects. 1 APPLICANT a..Name Margaret Pate, Trustee Address 1317 Holman Street City Kinston State Zip 2 85 01 Day phone X Landowner or Authorized agent b. Project name (if any) Butt Homestead Trust c. If the applicant is not the landowner, also give the owner's name and address. nr/n 2 LOCATION OF PROPOSED PROJECT a. Street address or secondary road number (Near) N. C. 306 b. City, town, community, or landmark Aurora, Near Texasgulf C. County Beaufort d. Is proposed work within city limits or planning jurisdiction? No e. Name of body of water nearest project Pamlico River 3 DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT 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? New Work c. Will the project be for community, private, or commercial use? Private d. Describe the planned use of the project. Rip Rao Bulkhead To Attenuate The Shoreline Erosion --There Are No Immediate Development Plans 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract 30 Acres +/- b. Size of individual lot(s) None c. Elevation of tract above mean sea level or National Geodetic Vertical Datum Z' - T n' MCZT. d. Soil type(s) and texture(s) of tract Craven Sandy Loam; CrA,CrC2:CrB e. Vegetation on tract Wooded With Mature Hardwood And Pines f. Man-made features now on tract Hon c a c F Ra rn c g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) _ Conservation Developed xRural Transitional Community Other IL How is the tract zoned by local government? N/A i. How are adjacent waters classified? a. Describe all development activities you propose (for j example, building a home, motel, marina, bulkhead, or pier). Rip Rap F--->lL S"cTzt= L iwlE ST 61 I a;;Tc+] Has a professional archaeological survey been carried out for the tract? No If so, by whom? 3191 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. a. Type and number of buildings, facilities, or stmcmresproposed N/A b. Number of lots or parcels N/A c. Density (Give the number of residential units and the units per acre.) N / A d. Size of area to be graded or disturbed , BE4M 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? N/A 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/A g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. N/A h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? N / A i. Describe proposed sewage disposal and/or waste water treatment facilities. j. Have these facilities received state or local approval? N/A k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). N/A m. Water supply source N/A n. If the project is oceanfront development, describe the steps that will be taken to maintain established public beach accessways or provide new access. N/A o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? N/A 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). N/A Access channel (MLW) or (NWL) Boat basin Other (break- water, pier, boat ramp, rock jetty) Fill placed in wetland or below MHW E1h-�M 1=1 L L Upland fill . areas Length Width Depth ZZo to b. Amount of material to be excavated from below water level in cubic yards N/A c. Type of material N/A d. Does the area to be excavated include marshland, swamps, or other wetlands? e. High ground excavation, in cubic yards NFEE ZZo �4 t 2 — (::� < oe/G )rAMPS ±z Sc 3/91 f. Dimensions of spoil disposal area N/A g. Location of spoil disposal area N/A IL Do you claim title to the disposal area? N/A If not,.attach a letter granting permission from the owner. . i. Will a disposal area be available for furore maintenance? N/A If so, where? j. Does the disposal area include any marshland, swamps, or water areas? k. m. A c. Shoreline erosion during preceding 12 months, in feet Ranging Frbm 0' — 15' d. Type of bulkhead material Granite Rip Rap e. Amount of fill, in cubic yards, to be faced below meanhighwater 240 C.Y. 1 P,d� f. Type of fill material Rip Rap 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: Will the fill material be placed below mean high A copy of the deed (with state application only) or other water? Y(= S � Z Z1> X /d instrument under which the applicant claims title to the 3 d affected property. If the applicant is not claiming to be Amount of fill in cubic yards > the owner of said property, then forward a copy of the Type of fill material A Ydeed or other instrument under which the owner claims e, plus written permission from the owner to carry out Source of fill material 1 ,Llb�►� T project. o. Will fill material be placed on aish or other wetlands? Dft= p. Dimensions of the wetland to be filled q. How will excavated or fill material be kept on site Ld erosion controlled? i era n r�W9�9F27_A S1Ll9AT/a�/ l� 1 SIL ��AIGc E_22 rrl /J-/ AA r. What type of construction equipment will be used (for example, dragline, backhoe, or h draulic dredge)? G E s. Will wetlands be crossed in transporting equipment to project site? _ If yes, explain steps that will be taken to lessen environmental impacts. N/A 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap 1 1 0 0 ' b. Average distance waterward of mean high water or normal water level 7 Feet 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 710203 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 stormwater 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. 3/91 Name Texasgul£ Land Mhna4ement Address P.O. Box 425 Aurora, North Carolina 27806 Name Address Name Address A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None A check for $250 made payable to the Department of Environment , Health, and 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 certify 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 certify 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 relaied to this permit application and follow-up monitoring of project This is the 28thday of February 19. X Landowner or Authorized agent e``aa t1®:ARUi°DPa� . 'bpi 242 3/91 Kinston Orthopaedic Associates, P.A. ORTHOPAEDIC SURGERY KINSTON CLINIC NORTH KINSTON, NORTH CAROLINA 28501 Telephone: 919-522-2020 — Fax: 919-522-0795 CHARLES H. CLASSEN, JR., M.D. EDWIN B. COOPER, JR.. M.D. JOHN T. LANGLEY, M.D. March 20, 1995 Mr. David Gossett Divisional Coastal Management North Carolina Department of Resources 1424 Carolina Avenue Washington, NC 27889 Dear Mr. Gossett: EUGENE W. PATE, JR., M.D. RICHARD A. HUBERMAN, M.D. This letter is in.reference to the conversation that I had with you by phone March 20, 1995. I, having power of attorney for my mother, Margaret B. Pate, authorize the letter and signature from Mr. Sam Jarvis on the request for a permit for placing rock on the shoreline of the Butt Homestead. Yours truly, Eugene W. Pate, Jr. 13,E �1 Margaret Butt Pate EWP/ib MEMORANDUM TO: Jim Mulligan Deborah Sawyer FROM: David Gossett 1 G DATE: 29 March 1995 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit Margaret Pate, Trustee Butt Homestead Beaufort County, North Carolina Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 23 March 1995. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me.