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Home My WebLink About131-87 Cahoon, LyleYerinit Class Q. v Permit Number New STATE OF NORTH CAROLINA MA _ ;%C, 131_87 Department of Natural Resources. and Community Development and Coastal Resources Ctidion Prnt� JUL 15 1987 D for z� r ® Major Development in, 'Area fQviionmental TD--U Concern pursuant to 113A18 _ a Excavation and/or fillipgpursuant to NCGS 113-229 issued to Lyle Cahoon, Rt. 1, Box 39-A, Swanquarter, NC 27885 authorizing development in Hyde County at Swanquarter Canal, off SR 1129 as requested in the permittee's application dated 5/11 /87 including attached plats 2 plan view and cross section no dates. This permit, issued on 74/z t%? , 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 pennittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. 1) The proposed dock will not be constructed within 15' of the Ralph Jarvis property line without prior written approval from Mr. Jarvis. 2) The proposed roof atop the dock will be opensided and in no way be enclosed. 3) The riprap material will not be aligned farther waterward than an average of 3 feet from the normal water elevation contour. 4) Vegetated wetlands will not be excavated or filled. 5) The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction - related discharge. (See attached sheet for Additional Conditions) This permit action may be appealed by the pennittee 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 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 of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Lyle Cahoon Permit #131-87 Page 2 of 2 ADDITIONAL CONDITIONS 7) No attempt will be made by the permittee to prevent the full and free use by the public•of all navigable waters at or adjacent to the authorized work. 8) 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 it transferred to a third party. NOTE: The proposed• project is certified under General Water Quality Certification No. 1664 issued on September 8, 1983, for Rip -Rap Placement. 66(5.1wi State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street Raleigh, North Caroli 27611 James G. Martin, Governor David W Owens S. Thomas Rhodes, Secretary Director 26 May 1987 , Mr. John R. Parker, Jr., Chief Major Permits Processing Section Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: The attached copy of an application submitted by: ie Cahoon cant's Name Swanquarter Canal Hyde County Location of Project County X for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major develop- ment permit... for a CAMA major development permit (only) ... has been reviewed by the Field Services Section and is being forwarded to you along with a Field Investigation Report for further application processing including circulation to State agencies having interest and/or jurisdiction over the subject matter which might be affected by the project. The recommendation of this Section is X covered on the reverse side; attached; will be forwarded later. US'ncer__elyy, C � tG%O - Charles S. Jones, ief Field Services Section CSJ:ap:3566 PA. Box 27697, Raleigh, Noah Carolina 27611-7687 Tekphg 919-733-2293 An Egml Opportunity Affirmative Action Emp6m (A) lhis agency has no objection to the project as proposed. (8) This agency has no comment on the project as proposed. X (C) This agency approves of the project (or project concept) and/or recommends these minor refinements for project management. 1) The proposed dock will not be constructed within 15' of the Ralph Jarvis property line. 2) The proposed roof atop the dock will be opensided and in no way be enclosed. (D) This agency objects to the project and recommends permit denial based on a finding of: (1) adverse impacts under G.S. 113-229(e) 1-5 (the dredge and fill law)as enumerated below: (e)(1) ... that there will be significant (e)(2) ... that there will be signifi- adverse effect of the proposed dred- cant adverse effect on the value ging and filling on the use and enjoyrent of the property of of the water by the public; any riparian owners; (e)(3) ... that there will be significant (e)(4) ... that there will be signifi- adverse effect on public health, cant adverse effect on the con - safety, and welfare; servation of public and private water supplies; (e)(5) that there will be significant adverse effect on wildlife or fresh water, estuarine or marine fisheries; (1) inconsistency with Rules of the Coastal Resources Commission as enumerated in 15 NCAC 7H (or other). Please site rule. (3) Inconsistency with the local Land Use Plan (Please elaborate). (4) Inconsistency with Rules, Guidelines or Standards of this agency or a finding that the project is in conflict with other authority or interest as stipulated below. (E) Attachment. Include memorandum or other documentation that support findings relating to D1-4 or provide general comments. L-a. kta 4. 1j&� 'Signature Date OFFICE OF COASTAL MANAGMENT FIELD INVESTIGATION REPORT 1. Applicant's name Lyle_Caho 2. Location of project site Hyde Count'v.' SviahaUarter, Swanquarter Canal• photo # 12-19-84-90-1084' M-14 M-15' " 3. Investigation type: Dredge 6 Fill " X' CANA X 4. Investigative procedure: (A) Dates of site visit 4'-8-87 (B) Was applicant present' yes 5. Processing procedure: Application received 5-12-87 Office Washington 6. Site description: (A) Local Land Use Plan 'Hyde County Land classification from LDP' one'rvation Development constraintq identified in * None (B) AEC(s) involved: Ocean Hazard Estuarine shoreline X Coastal wetlands Public trust waters Estuarine waters "'g' Other (C) Water dependent: Yes X No Other (D) Intended use: Public Private_ Commercial X (E) Type of waste water treatment: Existing None Planned None (F) Type of.structures: Existing. '' None Planned Crabhouse, pier (G) Estimated annual rate of erosion + 3' Source DCM staff observation 7. Habitat description: AREA (A) Vegetated wetlands: Dredged Filled Other None N/A N/A (B) Non -vegetated wetlands: (C) Other: Open water area + 226 sq.ft. (D) Total area disturbed: ± 225 sq.ft. 8. Project summary The aoolirant is proposing to construct a seafood purchasing house, riprap an eroding shoreline and construct a dock for boats to unload seafood. Environmental settin The applicant owns a 6,520 sq.ft. lot on Swanquarter Canal in the Town of Swan - quarter. The canal which connects to Swanquarter Bay is developed with various seafood related businesses. The property which has no structures, is vegetated by both upland and wetland vegetation. The shoreline of the upland portion is partially riprapped, and remnants of an old dock structure are present. Project proposal The applicant is proposing the following: (1) To do nothing with the wetland portion of the property; this area will remain in its present state. (2) To place riprap along 75' of shoreline. The riprap will average + 3' beyond the normal water level and will connect to existing riprap. (3) Construct 263' of dock which will run parallel to the shoreline and atop the riprap. The dock will be a maximum of 10' in width. (4) A CAMA Minor Development Permit has been issued for the construction of a 20' by 40' crabhouse on the property. The applicant is proposing to place a 40' long roof over a portion of the dock. This roof will connect to the building. No seafood processing will be conducted at the facility. The activities that will occur consist of only the unloading of seafood from boats, packaging and shipping by truck. (5) The placement of 4" Crush and Run Stone on the upland portion of the property. Environmental impact The project as proposed should have a minimal environmental impact. David L. Gossett - Washington Office - 26 May 1987 r s�t3.-Y? APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Departmen(GS 146.12t of Administration State of North Carolina Department of the Amy Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113.229, 143-215.3(a)(1), 143-215.3(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. L Applicant Information A. Name 2 Last First Middle B. Address—QT f PJOx 3q-A Street, P.O. Box or Route %1 3&ar SWA�fQG�2T�/1 At C q'X6 City or Town State Zip Code Phone 11. Location of Proposed Project: A. County 'gy6E B. 1. City, town, community or landmark SWAN s U4&r" 2. Is proposed work within city limits? Yes__No —V C. Creek, river, sound or bay upon which project is located or nearest named body of water to project 4wrA27ER W4L III. Description of Project r A. 1. Maintenance of existing project 2. New work CR.16 M144E �_ L)0&tL B. Purpose of excavation or fill 1. Access channel length width depth 2. Boat basin length width depth 3. Fill area length width depth 4. Other— length 1,0 t width /o' WAL depth C. 1. Bulkhead length 7S, Average distance waterward of MHW (shoreline)- ` /"Ak/Mt4M 2. Type of bulkhead construction (material) L11AI C -CTe, !?URPW= D. Excavated material (total for project) 1. Cubic yards At 14 2. Type of material /J. A E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards R. 3 Op— 'e56 2. Type of material __UAI C&C 113, RNR. & 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 C. Disposal Area 1. Location AWMIk `2W_2EUAtE 2. Do you claim title to disposal area? Ain D. Fill material source if fill is to be trucked in at UP/.ANfA 6nu9n6 E. How will excavated material be entrapped and erosion controlled? N ! A- t . 'I ype of equipment to be used__7]?6 it/R (70 5PQ!•q,l) Ry Cz) G. Will marshland be crossed in transporting equipment to project site? If yes, explain NQ Intended Use of Project Area (Describe) -A. 1. Private 2. Commercial GE&&9 ousE f O c uG 3. Housing Development or Industrial 4. Other B. 1. Lotsize(s) 65s ,U S&- FT. 2. Elevation of lot(s) above mean high water_ Z ' 3. Soil type and texture , `�)o4NDV L047" r Cray 4. Type of building facilities or structures - C12d8dd NSE ° &0 ue- S. Sewage disposal and/or waste water treatment A. Existing4Q1/E Planned AJOAfg B. Describe N%Q 6. 'Land Classification'(circleone) DEVELOPED TRANSITIONAL COMMUNITY RAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis) V I. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of rill materials below mean high water? Yes ✓ No 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 _r2A114al h T k..Q 3. Location of discharge_ Eht7( af' rAo4 VIL Present rate of shoreline erosion (if known): _JL' NEAR Vil 1. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: M %A IX. Length of time required to complete project:inanl774sC 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. 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. B. Attach an accurate work plat drawn to scale on 844 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 -5"4- & 7 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. W.T. Lc(PTbN l?A(PAO T ✓6 431aA144O.tA2T 2 ALL a7biS' XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. XII. 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. )ATE 7 " f / — CJ / Applicant's Signature D 01 SEE REVERSE SIDE FOR MAILING INSTRLJCcT10N Rev.v. 7tons J o o � . JL 3 h X N PP£I�A�Eo (•ee e � Gyce Ci4KoeN RT / /51*- 39- A CAN AL _�• Z Id' (�ItlahS S1AK0 EJE4Y �� JW.IAMUAIM2//J.G, •fEN � i,ll I I I � I� la ala- RuJ@LL P P 0 Ger6u a<2u�/ .— ,�, � (jEYElo�ixdKi h/�uAUST r. c. u. n, a.S, �_ S ElR6EN J/t(EI N.G. V Q 2 Z 2 i%i3f �L Yi ^A � a p O 64 T5 ( NaT BN uosec) _9. R +OA Q A e Z .�• �e � 1 a� I o / 8 p0[ L - r O -I' G?udM L QUN ST6NE ' � ,/�:•;'. /.: �cn2 �.9ao'1 7d R�l'Y cw- W-T. Lub76N J, �.' ' .3 Wq I S//EET / of Z E. C, Id. R. D, i. ,&VW Al vm*2 •7'fv WOW (Y3aEL j0 i. �� y pNYx/ 5 C 1 IY4 jv�3Ccpjd �OS� o+++os-"Yq fig% bv h� Y �•mnw wRi-1 •k✓w/£� dVd'd/U i�'r1ShL/ 1�/7M�7 . ryrS+ `` �gNCLc/X4 i41+•n/d „0/-,.6 \ nNpLG Nnb f .ri�7l7 ,b co,,w ,Oo) -.,PC bapv �e6�f 3t9e7N�„; Na, 37nONVMjfJ ,gyX,01 �2f/—�b, ivo�l ��%5oci,7 �d7ldfz.L DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 May 20, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-048-0351 Mr. Lyle Cahoon Route 1, Box 39-A Swanquarter,-North Carolina 27885 Dear Mr. Cahoon: C 7 1987 ---------------------- On February 6, 1986, we renewed general permit No. SAWC080-N- 000-0291 (enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received May 13, 1987, for a Department of the Army permit to place concrete riprap material and repair and construct docks on Swanquarter Canal, near Swanquarter, Hyde County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be written and informed of its further management. If there are no unresolved differences of State -Federal positions or policy, the final action taken on your application by the State will result in your receiving written notice from us that your application has been successfully processed under our general permit. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and $ection 404 of the Clean Water Act, has been assigned No. SAWC087-N-048-0351 and will be coordinated by Mr. Ken Jolly. He is available to address questions or comments you may have at telephone (919) 343-4632. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure -2- Copies Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones JMorehead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Post Office Box 25039 Raleigh, North Carolina Service 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch Region IV U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Gossett Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 IN Kerb KtVtn , V Regulatory Branch SUBJECT: File No DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. Box 1890 WILMINGTON, NORTH CAROLINA 28402-1890 nazt 7 SAWCO__57,_d _ 04tg — J l Applicant__a Qp Mr. Randy Cheek National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. William L. Kruczynski, Chief Wetlands Section Marine and Estuarine Branch U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Ms. Nora Murdock U. S. Fish and Wildlife Service Endangered Species 100 Otis Street, Room 224 Asheville, North Carolina 28801 Gentlemen: tr t 191 L`�L` Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 ICJones More ead City Regional Office North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 rY , Regional Office North Carolina Division of Coastal Management Pursuant to SAWCO80-N-000-0291, the CAMA-Corps general ! permit/processing agreement, a State Field Investigation Report is enclosed. Your comments nd/or recommendations would be appreciated on or before I Questions or commentq may be addressed to , Regulatory Branch, telephone (919) 343;5"7--. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS �i P.O. BOX 1890 I �®� WILMINGTON, NORTH CAROLINA 28402 7890 June 18, 1987 �- IN REPLY REFER TO Regulatory Branch N 2 2 �gg7 SUBJECT: File No. SAWC087-N-048-0351� F----------------- Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Mr. Lyle Cahoon for a Department of the Army permit to place concrete riprap material and repair and construct docks on Swanquarter Canal, near Swanquarter, Hyde County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: a. The riprap material will not be aligned farther waterward than an average of 3 feet from the normal water elevation contour. b. Vegetated wetlands will not be excavated or filled. c. The riprap material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. d. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. -2- e. 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 it transferred to a third party. f. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less are not considered significant. Questions or comments may be addressed to Mr. Ken Jolly, telephone (919) 343-4632. Sincerely, Charles W. Hollis Chief, Regulatory Branch Copies Furnished: Mr. William Mills Water Quality Section Division of Environmental Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. Charles Jones Morehead City Regional Office J North Carolina Division of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Mr. Randy Cheek National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Ms. Beverly Etheridge, Chief Wetlands Section Region IV Marine and Estuarine Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. David Gossett Washington Regional Office North Carolina Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889