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HomeMy WebLinkAbout176-76 Chrismon, PearsonA FEDERAL fERNIIT IS REQUIRED CONU-.CT U. S. AR!,WCORFS Of P;G11q%'Hr.S, P. 0. box 1830 _ 1:IU li:MT0, N. C. 23401 State of North Carolina Department of Natural and Economic Resources PERMIT TO EXCAVATE AND/OR FILL (Re: G. S. 113-229) L4� 6 Permit No. 176-76 Permit Class Issued to: Pearson Chrismon NEW Rt. 1. Box 467. Bath, North Carolina 27808 This permit authorizes excavation and/or fill work in Beaufort County, N. C. at Back Creek as requested in the permittee's application dated 8/9176 & attached plats, 2, no date subject to the conditions set forth below. (1) That the activity be conducted in such a manner as to prevent significant increases in turbidity outside of the area of construction or constructio related discharge (increases of 25 JTU's or less are not considered significant). (2) That erosion be controlled on all back filled and disturbed areas with a vegetative cover within four weeks of completion of the land disturbing activities. NOTE: A permit for a septic tank system is required from the local health department. 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, 1978 Issuing Date: October 4, 1976 Signed by the authority of the Secretary of the Department of Natural & Econoric Resources Form D&F-g Edward G. McCoyDifector Revised 3/76 Division of Marine Fisheries DIVISION OF North Carolina Department of MARINE FISHERIES Natural & Economic Resources E°WARD MdOR DIRECTOR BOX 27687, RAI EIGH 27611 JAMES E. HOLSHOUSER, JR., GOVERNOR • JAMES E. HARRINGTON, SECRETARY TELEPHONE 919829-3767 Da e s ." �C�1�1 T,UCs Mr. James T. Brown, Chief N L DES N RVE' Estuarine Studies Section F Division of Marine Fisheries Box 769 -^ Morehead City, North Carolina 28557 ` Dear Mr. Brown: _ The attached copy of an application submitted by: Applicant's NaAe Location of ProAdct Co ntv 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 proped work and return to the Division of Marine Fisheries not later than T� LLT:dah Sincerely, L. Leo Tilley, Assistant Director Division of Marine Fisheries (Please use reverse side for comments and signature.) ❑ (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, or marine -estuarine fisheries. ❑ (C) Agency findings relating to item(s) A and/ B are hereby detailed. ❑ Detailed comments continued on attached sheet. ❑ (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.) Signed Date MEMORANDUM TO - Jim Brown From Preston P. Pate, Jr. Subject App. for State permit Div. Marine Fisheries PO Box 769 Morehead City, NC 28557 August 26, 1976 - Pearson Chrismon 8-9-76 Location - Beaufort County, Bath Creek. Traveling east on NC 92, take the first dirt lane to the right after crossing Back Creek. The lot may best be identified by a large pile of marl near the shore. Investigative process - App. rec. Raleigh 8-10-76; Morehead 8-18-76. On site visit made 8-23-76. Environmental setting - The project site is located on the eastern side of Back Creek near the juncture of Back Creek and Bath Creek. The lot has been cleared and grassed. A few oak trees grow along a 4' high bank which is moderately well stabilized with woody shrubs. Several larger trees grow just seaward of the slightly irregular shoreline. The shallow sandy bottom adjacent to the shore supports no marsh grasses or submerged aquatic vegetation. Project description - The applicant proposes to construct a bulkhead from large pieces of marl and backfill the confined area with material trucked from an out- side source. The structure will approximate the NHW mark except in areas where the shoreline dips inland. Environmental impact - The project will result in filling of a small amount of shallow water habitat; however, the bulkhead should not exceed 5' below NHW at the widest point. There should be little effect to marine fishery resources. Preston Pate APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL 40,CG] xaa JQ 1976 State of North Carolina Department of Natural and Economic Resources (Re: GS 113-229) Department of the Army Corps of Engineers, Wilmington District (Re: River and Harbor Act of 1899) Please type or print and fill in -all blanks. If the information requested is not applicable, so indicate by placing N/A in the blank. Applicant Information: A. Name Chrismon Pearson B. Address Route 1 Box 467 [reef, P.D. Box or Koute - Bath, North Carolina 27808 923-4711 City or Town state - Zip Code Phone II. Location of Proposed Project: A. County Beaufort B. 1. City, town, community or 2. Is proposed work within city limits? Yes No C. Creek, river, sound or bay upon which project is located or nearest named body of water to Back Creek off Bath Creek III. 'Description of Operation: A. I. Maintenance of existing project N/A 2.New work -_Proposed Bulkhead B. Purpose of excavation or fill 1. Access channel N/A length width - depth 2. Boat basin N/A length width depth 3. Fill area N/A length width depth 4.Other N/A length width _depth C. 1. Bulkhead dimensions 140 t - 2. Type of bulkhead construction (material) Marl D. Excavated material (total for project) 1. Cubic yards N/A 2. Type of material_ N / A E. Fill material to be placed below MHW (see also VI. A) 1.Cubic yards 20± cu. yds. _2.Type ofmaterial Native Field Soil IV.. Land Type, Excavated Material, and Construction Equipment: A. Does the area to be excavated include any marshland? Yes _No X B. Does the disposal area include any marshland? Yes No X, C. Disposal area 1. Location N/A 2. Do you claim title to disposal area? N / A D. Fill material source if fill is to be trucked in Native Field Soil E. How will excavated material be entrapped or encased? N/A F. Type of equipment to be used Trucks for haul G. Will marshland be crossed in transporting equipment to project site? (If yes, explain) No V. Describe Intended Use of Project Area: A.1.Private . Bulkhead for use on private residential lot. 2. Commercial N/A 3. Housing Development or Industrial 4.Other N/A D& F-B 1 Rev. 3/74 D. I. Lot 5izets) 2. Elevation of lot(s) above mean high water From MHW 0' 0" to +12 t± 3. Soil type or texture Sand, Clay, Loam 4. Type of building facilities or structures Proposed residence 5. Method of sewage disposal or treatment Proposed septic tank VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes X 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 X 2. Type of discharge N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known): ' Unknown Vill. List permit numbers and issue dates of previous Department.of Army Corps of Engineers or State permits for work in project area, if applicable: N/A IX. Length of time required for project activity: One year after issuance of permit. 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 k plat drawn to scale on 8'/z" X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. Oft . . C-oNse .1_ >C. A copy of the application and plat must be served upon. adjacent riparian landowners by registered or N ` certified mail or by pG. S. 113-229 �ottte�s otv publication ( (g) (9) and (10)): Enter date served .Stilt Such owners have 30 days in which to submit comments to agencies listed below. czi D. List the names and complete addresses of the riparian landowners with property adjoining applicant's tract. Lot #8 Mr. A, A, Adams Box 154, Grifton, N.C, 28530 Lot 410 Mr. W, W, Holmes Rocky Mount, N, C, ,47801 141 DATE L g %C 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 a Ph. 919-829-3767 D& F-62 �. Rev.3/74 Applicant's Signature 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 \To N.C., 92 xZrbY Scale: 1" = 30' Cr 4ige 6p AUi/Y. 8S e Lot 8 Property of A. A. Adams Box 154 Grifton, NC 28530 Lot 9 Property of Pearson Chrismon Route 1, Box 467 Bath, NC b tid ti CO Ci v z o� Cy " "2z'a 0 a Backfill 138' Backfill Cypress Proposed Marl Bulkhead Cypress Tree Trees Back Creek To Bath Creek �y e TYPICAL CROSS-SECTION OF MARL BULKREAD EXIST= CR0Uryp ..`=- ,t il7w_ . 'Mark 01011� Approx.. Scale 1"=101 �� Urttt !Es.. t». �� t°•:ten A BtOUNA L BAY , C 0 r - -- Cai W.I. Crete a. t C nis ioi �iEo du, ll,cd Q. s nor Ge.a•d CFeeel W, Q < FA mml