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HomeMy WebLinkAbout57-82 Byrd, GeorgeU7 Permit Class Permit Number New STATE OF NORTH CAROLINA 57-82 Department of Natural Resources and Community Development and Coastal Resources Commission Vrrtnit RECEIVED for x❑ Major Development in an Area of Environmental JUN I8 196Z Concern pursuant to NCGS 113A.118 a Excavation and/or filling pursuant to NCGS 113.229 3 Issued to George Allen Byrd, Sr., Route 1, Box 332, Kinston, NC 28501 authorizing development in Beaufort County at Pimgn River at Smith Shnrac as requested in the permittee's application dated 3/24/82 including attached plats 3 no date This permit, issued on .tune 14, 1982 , 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 subject pernittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) Excavation of the basin will begin on the high ground property and extend t9ward the canal to minimize increases in turbidity and suspended solids. (2) 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 plat. (3) All fill material to be placed below mean high water will be confined behind the permitted bulkhead. (4) The backfill material will be provided a ground cover sufficient to restrain erosion within thirty (30) working days of project completion. (5) The instream turbidity must not be increased to more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilution and mixture. This permit action may be appealed by the perrtittee 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 modificatiori not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31. 1985 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 C the Coastal Resources Commission. Kenneth D. Stewart, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Pernittee OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT Kenneth D. Stewart Resources &Community Development Director James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/733-2293 2 April 1982—`�%air,nr'T 11 y APR 6 1982 Mr. Kenneth D. Stewart, Director Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Stewart: The attached copy of an application submitted by: George A. Byrd, Jr. Applicant's Name Smith Shores, Pungo River Beaufort Location of Project County XX for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major development permit... for a CAMA major development permit (only) ... ... 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 proposed work and return it to me not later than 16 April 1982 W ° �• Sincerely, ohn R.� Parker, Permit Coordinator JRP:bli:2480 XX (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 proposed. 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. 1) That no excavated or fill material be placed at any time in any marsh or waters of the state; Putside of the alignment of the fill area indicated on the plat. (2) That all fill material to be Placed below mean high water be confined behind the permitted bulkhead. (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 F deral enci ). signed Y- l- ate OFFICE OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. Applicant's name George A. Byrd, Jr. 2. Location of project site Beaufort County_ Smith chores .Pogo River Photo number 63-716-L.5. 3. Investigation type: Dredge 6 Fill' XX CAMA ZZ 4. Investigative procedure: (A) Dates of site visit 3/23/82 (B) Was applicant present Yes 5. Processing procedure: Application received 3/29/82 Office Washington 6. Site description: (A) Local Land Use Plan Beaufort County Land classification from LUP Development constraints identified in LUP None. (B) AEC(s) involved: Ocean Hazard Estuarine shoreline XX Coastal wetlands Public trust waters Estuarine waters XX Other (C) Water dependent: Yes xx No Other (D) Intended use: Public Private XX Commercial (E) Type of waste water treatment: Existing Septic tank Planned None (E) Type of structures: Existing Single family dwelling Planned None (G) Estimated annual rate of erosion N/A Source N/A 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other None None (B) Non -vegetated wetlands: (C) Other: Highground + 400 sq.ft (D) Total area disturbed: + 400 sq.ft. Undetermined amount 8. Project summary The applicant is proposing to excavate into the highground portion of his property a 20' x 20' x -4' deep NWL boat basin. All spoils to be placed on highground 9. Narrative description The applicant owns a 210' long x 165' wide lot in Smith Shores Subdivision. The lot is bordered on the east and south by canals which are connected to the Pungo River. Located on the property -is a single family -dwelling which is served by an existing septic tank sewage disposal system. The property is not bulkheaded and no wetland vegetation is present. The applicant is proposing to excavate a 20' x 20' x -4' deep NWL boat basin which would be connected to the canal bordering the property on the south. All spoils will be spread on the property and will be seeded to prevent erosion. After exca- vation the basin will be bulkheaded, 10. Anticipated impacts If the project is conducted as proposed, + 400 sq.ft. of highground area will be excavated and connected into aquatic habitat. No wetland vegetation will be excavated or filled. The project should have a minimal environmental impact. Some short term turbidity may exist during project activity. Submitted by David L. Gossett Office Washington Date 2 April 1982 APPLICATION FOR V,(�/� 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 District (GS 113-229, 143-215.3(a)(1), 143-2153(c), 113A-118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. I. Applicant Info on A. Name P... D . fir • _� Last & First Middle B. Address .�4 T• ;' -3 -3 ,_,/ Street, P. O. Box or Route 4�/1.s7_o1Y.0 �ff3o/ js�_D7z3 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County R FA UFO R i ,I ����� B. 1. City, town, community or landmark SN/ 1 %� ,51'%d L c S /RA 116/tl We e o 2. Is proposed work within city limits? Yes _No _k" C. Creek, river, sound or bay upon which project is located or nearest named body of water to project 4A /v i if o m C R E E& III. Description of Project A. 1. Maintenance of existing project 2. New work B. Purpose of excavation or fill 1. Access channel lengthTwidth depth 2. Boat basin length 4d width ­24 depth 3. Fill area AAA length width depth 4. Other /,11A length width depth C. 1. Bulkhead length b4h X-s Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) Ybo od D. Excavated material (total for project) 1. Cubic yards 6 e7d 2. Type of material SANd E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards / d 11': 2. Type of material IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No B. Does the disposal area include any marshland, swamps or other wetland? Yes No Z C. Disposal Area 1. Location RNiN 2. Do you claim title to disposal area! s D. Fill material source it fill is to be trucked in /✓f/9' E. How will excavated material be entrapped and erosion controlled? SE— 6 D Fro -- I . 1 ype of equipment to be used BA cee h O 4- G. Will marshland be crossed in transporting equipment to project site? If yes, explain _IV4 DR"1t V. Intended Use of Project Area (Describe) A. 1. Privar ✓ AR/✓stT� arA7 Sti/� 2. Commercial 3. Housing Development or Industrial 4. Other B. 1. Lot size(s)— -7 /Q / 2. Elevation of lot(s) above mean high water / 3. soil type and texture C Gt> ru S rr ND 4. Type of building facilities or structures t S. Sewage disposal and/or waste water treatment A. Existing ✓ Planned B. Describe 6. Land Classfication (circle one) DEVELOPED TRANSITIONAL COMMUNITY" 'RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) VI. Pertaining to FBI and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes —No h✓ B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_ No ✓ 2. Type of discharge �A 3. Location of dischargeA V11. Prxsertt rate of shoreline erosion (if known): Al n N t VIIL List permit numbers and issue dates of previous Department of Army Corps of Engineers or State pemdts for work in project area; if applicable: /J/A IX. Length of time required to complete project: -7 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. ORdf applicant is not claiming to be the owner of -said property, then forward a ropy of the deed or other instrument under which the owner claims title plus written permission from the owner to tarty out the project on his land. B. Attach an accurate work plat drawn to scale on 8S4 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 riparian landowners by registered or certified mail or by publication (G-S. 113-229 (d)) Enter date served 22AA-r-4 -13 1S r-u� D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. Laz XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina$ approved coastal management program and will be conducted in a manner consistent with such program. XIL 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 activities, including construction, excavation, filling, and land clearing. DATE 72ZA f G N -- ' 15 i� Appf�tA Signature D&F-82 SEE REVERSE SIDE FOk MAILING INSTRUCTIONS So - 7S ppe4 tzEI?ty o"r ,PRAO sm)T/1 PR DP �R T Y K f�f ED sMiTN pleap•eRrY of G ,�•a Ft• G � p�tiD T �ff,D,l°sR Tjr Z JW,5 p SHi /ii/ ?Aodv D / $o.f7-,5417-4- C�►iv T° /DuN G GO lL�vER m zrw IVS 7;4 fi G�rr 1 q -/'/+ E� Td GR D UNO LFVE L b . CRosf-5JFCTior✓ 6 fr-- ARf4siti 9L o, OFFICE OF North Carolina Department of Natural COASTAL MANAGEMENT Resources &Commu * velopment Kenneth D. Stewart Director James 8. Hunt, Jr., Governor � p W. Grimsley, Secretary Telephone 919n33-2293 Field Services P.O. Box 1507 Washington, NC 27889 (919) 946-6481 16 March 1982 Mr. George 'Byrd Route 7, B 2 Kinston, North Carolina 28501 Subject: Proposed Boat Basin and Boathouse Smith Shores Canal Off of Pungo Creek Beaufort County Dear Mr. Byrd: I have received from Mr. Jimmie Warner, Beaufort County's local permit officer, a copy of the application for a permit that you submitted to him. A review of this application indicates that the canal in which you are proposing excavation is connected to Pungo Creek downstream of the Highway 92 Bridge; thus, your project is located in Coastal Waters. When a project of the type which you are proposing occurs in Coastal Waters, then a permit is required from this office instead of Mr. Warner's. Enclosed are several copies of application forms and a booklet on how to complete them. When a complete application package is received in this office, processing of the application will begin promptly. I suggest prior to the submittal of the application you contact me so that we can discuss the application package. If you have any questions do not hesitate to contact me. Sincerely, 9OL" � - a"'C&E David L. Gossett Environmental Consultant DLG/aht cc: ,,�restou Pate - Chief, Field Services Section, OCM Steve Brown - U.S. Army Corps of Engineers Jimmie Warner - Beaufort County CAMA Officer P, 0. Box 27687 Raleiah. N. C. 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402 n wcr�r ncr en w SAWC082-N-007-0213 19 April 1982 Mr. George DArd, Route 7, BKinston, Nn Dear Mr. Byrd: After extensive coordination between North Carolina and Federal agencies, a general permit No. SAWCO80-N-000-000291 (inclosure 1) was issued on 27 January 1981, by Colonel Robert K. Hughes, District Engineer, Wilmington District, U.S. Army Corps of Engineers, which provides Federal authorization for "...those construction activities that require and receive authorization from the State of North Carolina in the form of a Coastal Area Management Act (CAMA) permit for major development and/or a permit to excavate and/or fill and/or a Water Quality Certification." A review of your application received 14 April 1982 for a Department of the Army permit to excavate a boat basin on a canal off Pungo Creek at Smith Shores/Ravenwood Harbor Estates in Beaufort County, North Carolina, indicates that your proposal is a candidate for Federal authorization under this general permit. Accordingly, the processing of your application will be accomplished by the N.C. Office o oastal Management. In this process, the N.C. Division of Environmental Management will review your proposal and a determination will be made as to the need for a State Water Quality Certification. Comments from Federal review agencies will be furnished to the State. If there are no unresolved differences of State -Federal positions or policy, the final action taken on your application by the State will satisfy the terms of our general permit. The terms of the general permit will not be satisfied if any of the following situations exist: 1. There is an unresolved objection from any Federal agency. 2. A State Water Quality Certification has not been issued (if required). Section 401 of the Clean Water Act requires that prior to the issuance of any Federal permit that may result in a discharge into waters or wetlands, the State agency responsible for water pollution control (N.C. Division of Environmental Management) must certify that the discharge will not violate applicable Water Quality Standards. SAWCO82-N-007-0213 Mr. George A. Byrd, Jr. 19 April 1982 3. The proposed work would have a significant effect on the quality of the human environment. The District Engineer will make this determination prior to the conclusion of the State process. 4. There is a significant and substantive unresolved objection from any individual, group, or agency. If your application is withdrawn from this general permit process, you will be so notified and informed of its further management in writing. When your application is successfully processed to conclusion under this general permit, you will receive written notice from the District Engineer. Only after receiving such confirmation should you begin work. Your application has been assigned application No. SAWCO82-N-007-0213 and will be coordinated by Mr. Steve Brown, telephone (919) 343-4632. He is available to address questions or comments you may have. 1 Incl As stated Copy Furnished: Office of Coastal Management N.C. Department of Natural Resources and Community Development PO Box 27687 ' Raleigh, NC 27611 Water Quality Section Division of Environmental Management N.C. Department of Natural Resources and Community Development PO Box 27687 Raleigh, NO 27611 Sincerely, CHARLES W. HOLLIS Chief, Regulatory Functions Branch U.S. Fish and Wildlife Service 310 New Bern Avenue Raleigh, NC 27601 National Marine NOAA PO Box 570 Fisheries Service Beaufort, NC 28516 U.S. Environmental Protection Agency Ecological Review Branch 345 Courtland Street, NE Atlanta, GA 30365 Office of Coastal Management Mr. Dave Gossett N.C. Department of Natural Resources N.C. Office of Coastal Management and Community Development 1502 N. Market Street PO Box 769 Washington, NC 27889 Morehead City, NC 28557