HomeMy WebLinkAbout40-87 Cottrell, Scott1`0-tm t Clas: % Permit Number
New STATE OF NORTH CAROLINA 40_87
Department of Natural Re Community Development
Coal � � eS0 r0 eg on -
y fox t u
aMalor,I7�e Ipprtf °Lint : �rronmental
Excavatioriliod r4jRu—
toto NCGS 113-229
issued to Scott Cottrell, P. 0. Box 130, Ocracoke, NC 27960
authorizing development in Hyde County at Silver Lake, adjacent to N. C. 12
as requested in the permittee's application dated 11 /10/86 including
attached plats, 3, plan view, pier detail and location dated received 11/19/86
)
This permit, issued on �/ IVg / , 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
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) All parts of the pier or attendant structures will be set back 15 feet
from the adjacent property owner's areas of riparian access. The dock
parallel to the shoreline must also be set back 15 feet from the adjacent
property line. The Maximum length of the proposed pier shall be 155',
measured from the bulkhead.
(2) The marina shall prominently post and enforce a no sewage discharge policy.
(3) The marina will displace a sin showing the location of the nearest pumpout
facility, listing the telephone numbers of local septic tank pumping services
and including other appropriate waste disposal information.
(4) All floating structures, other than boats, used for habitation or commerce
(as defined in 15 NCAC 7M.0602) shall be in conformance with local regulations
for onshore sewage treatment.
(5) 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.
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. 1990
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.
A !4_ Z,/
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Scott Cottrell Permit #40-87
Page Z of 2
ADDITIONAL CONDITIONS
(6) 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.
(7) 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 permittee must obtain approval from the Hyde County Health Department
for use of the existing septic tank system to serve the additional facilities.
NOTE: The permittee should contact the Division of Archives and History at
(919) 733-4763 for assistance in developing a design for the gift shop
which would be appropriate for the historic character. of the Ocracoke
waterfront.
,;
4q �
MEMORANDUM
TO: George Matthis ��,,,, �\
FROM: George H. Wood rd'�
SUBJECT: RECOMMENDATIONS FOR SCOTT COTTRELL
DATE: February 19, 1987
This file represents a unique problem; to achieve a fair pier alignment which
would not interfer with the adjacent riparian property owner's right to free
navigation and yet not result in an unfair alignment for the applicant. A review
of aerial photography reveals that the adjacent property owners pier
- was approximately 40 feet long on 26 March 1982.
- is approximately 200 feet long on 16 December 1984.
I can find no authorization for this pier which was constructed within 15 feet
of the applicant's property line and is now used by several small boats. This
information is more historical since there is no impending enforcement action
and the pier has been in place for at least a year. However, this information
does has relevance in understanding the potential impact on the subject proposal.
In judging the appropriateness of the request, I feel that we should authorize
the pier as proposed with some minor refinements. This pier will be fifteen feet
from the adjacent property lines and should result in an approximately 25 foot
navigational area between the existing pier and the proposed pier which should be
sufficient for maneuvering the small boats which use the existing pier. The
parallel dock to the shoreline will come within 15 feet of the adjacent property
line and should be modified.
Therefore. I recommend issuance of the permit subject to the following
conditions:
(1) This pier in association with the other piers on the property constitutes a
marina and therefore shall post a notice prohibiting the discharge of any
waste from boat toilets and explaining the availability of information on
local pump -out services,
(2) The pier will not interfer with the access to any riparian property by insuring
that any part of the pier or attendant structures will be set back 15 feet
from the adjacent property owner's areas of riparian access. The dock parallel
to the shoreline must also be set back 15 feet from the adjacent property line.
cc: Charles Jones, DCM
File
r?.Fin�nr�
EF F 22 p t9'07
r, r
----------------------
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 28, 1987
Ii REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-048-0090
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:
OV
! d v 7
----------------------
Reference the application of Mr. Scott Cottrell for a
Department of the Army permit to construct a pier with finger
piers and pilings and a dock on Silver Lake, off Pamlico Sound,
Ocracoke, 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. 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. Use of the permitted activity
must not interfere with the public's right to free navigation on
all navigable waters of the United States.
b. 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.
c. The authorized structure and associated activity will not
cause an unacceptable interference with navigation.
-2- .
d. This permit does not grantanyproperty rights or
exclusive privileges.
Questions or comments may be addressed to Mr. Hugh Heine,
telephone (919) 343-4725.
Sincerely,
Charles i•:. 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
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
j
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. George mood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street
Elizabeth City, North Carolina 27909
' T
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1800
WILMINGTON, NORTH CAROLINA 28402.1890
SUBJECT: File No. SAWCO 57-W- o - 0090
Applicant_ C=- UQ
Mr. Randy Cheek
National Marine Fisheries
_ Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Ms. L. K. (Mike) Gantt
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
Fish and Wildlife Service
Endangered Species
100 Otis Street, Room 224
Asheville, North Carolina
Gentlemen:
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. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Regional
Off ice
North Carolina Division of
Coastal Manag ent
O
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�j#VjjA . 2Z. 141g7
Questions or commedfs may be addressed to
Regulatory Branch, telephone (919) 3434%ZCi
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
a?0-"6
MEMORANDUM
TO: Terry Moore, Charles Jones, John Parker
FROM: George H. Wooddw
SUBJECT: SCOTT COTTRELL APPLICATION
DATE: January 9, 1987 u ✓'�
Attached is a CAMA application from Mr. Cottrell letters and suggestions
from the adjoining property owner, A. B. Rose. Also attached is a response from
Mr. Cottrell to my telephone call requesting modification to alleviate the concerns
expressed by Mr. Rose.
I am trying to formulate my recommendations and would appreciate any background
information or suggestions you may have. I appreciate your assistance.
Enclosures
ROSE
FB
430 S WESLEYAN ROULEVARI)
919/443 950I
CONTRACTORS
CONGULTANTA - LPNp�'f.A F`E f1E'10 NE RR'.
Jar:lary 5, 1987
Hugh Hines
P.O. Box 1890
Wilmington, North Carolina 28402
Re: Scott Cottrell Pier Permit
Ocracoke NC
Lear Mr. Hines:
I have received. another certified notice from Mr.
Cottrell of his revised pier application.
Please refer to my letter of November 14, 1986 and
the suggestion I mace for his pier location.
I have enclosed a copy of the notice from Mr. Cottrell.
Please note that he does not have a scale drawing and he has
not shown the distance between the proposed pier and my pier.
I have attached my revised scale drawing that was
enclosed with my letter of November 14. 1 will. make this
as Exhibit "A", revised December 31, 1986. Please notes that
Mr. Cottrell is proposing another structure in what should
be Highway 12 right-of-way.
Again Mr. Cottrell inches his way into possession and
use of property at the inconvenience of others.
Last fall, The Department of Natural Resources and
Community Development sent a letter to the propery owners
at Ocracoke NC asking for their help in maintaining the
open view to Silver Lake. This request apparently was
ignored by Mr. Cottrell with his proposed 12'x36' building
and 8 ft. deck parallel to the bulkhead.
I feel that my suggestion of 45 feet between the piers
would be useful to all and provide clearance for a safe
water way between the boats tied to the pier.
N�
I thank you again for your help in making Silver
Lake a safe and pleasurable place for those who use it.
Sincerely,
nc
(/ . & .
A. B. Rose
ABR:bc
cc: Mr. Terry Moore
P.O. Box 1507
Washington NC 27889
Mr. George Wood
108 S. Water St.
Elizabeth City NC 27909
Mr. John�Parker
Division of Coastal Management
P.O. Box 27687
Raleigh NC 27611-7687
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December 17, 1986
Mr. George Wood
NRCD
Elizabeth City, North Carolina
Dear George:
Regarding our telephone conversation today concerning locating my pier more
than 15' from riparian water line due to objection of adjoining property owner,
Mr. Rose.
Mr. Rose bought a 22' piece of property that had a 30, long pier on it and
sufficient space to dock a boat without encroaching upon his neighbors. Then
he got a pier permit to repair his pier and added 170 feet to it. He never
bothered to notify either of the adjoining property owners of his intentions as
required by law.
Mr. Rose then asked NRCD for permission to fill the land beside the pier and
build a ramp. NRCD told him he couldn't fill it; he did it anyway and NRCD
looked the other way. As you know, the fill is still there today.
Then Mr. Rose decided to make a commercial pier out of his private pier and
today rents out space to 6 boats. Here again - use changed without NRCD
approval.
Now Mr. Rose says I should be required to move my pier over more so he will
have enough room for his operations, never mind that they may infringe upon his
neighbors riparian rights.
When I see how successful Mr. Rose has been at acheiving what he wants largely
by ignoring the permit process, I have to wonder what I am doing trying to
follow the rules and regulations. It certainly puts me at a disadvantage by
trying to work within the system.
The reason I put my pier as far that way as the law says I can is to have a
nice little boat basin, with slips, on the opposite side; that certainly will
not bother Mr. Rose.
The shoreline is straight along that side so there are no pie slices: Every
property owner has a straight rectangular slice of water, which makes it very
clear what each property owner is entitled to use.
Mr. Rose could have built his pier on one side of his property and then he
would have had adequate room on the other side for whatever he wanted to do,
but not him - put it right in the middle and encroach upon both of his
neighbors. If you want to get an earfull, just ask the adjoining property
owner on the other side, Mrs. Myra Wahab, what she thinks of Mr. Rose and his
pier.
The law says Mr. Rose has reparian rights to 22' - - not 30' or 409, and if he
wants use of more, then he should buy it like the rest of us have had to do
instead of ,lust trying to "annex" it.
Sincer�eIyA,
Scott Cottrell
OFFICE OF COASTAL MANACEMF,NT
FIELD INVESTIGATION REPORT
1. Applicant's name SCOTT COTTRELL
2. Location of project site Silver Lake at Ocracoke
84 series H-2
7. Investigation type: Dredge 6 Fill CAMA X
4. Investigative procedure: (A) Dates of site visit 10/8/86
(B) Was applicant present W —
5. Processing procedure: Application received 11719/86 Office Elizabeth City
6. Site description' (A) Local Land Use Plan Hyde
Land classification from LUP developed
Development constraints identified in LUP none
(R)
AEC(s) involved: Ocean Hazard
Estuarine shoreline_ X
Coastal wetlands
Public trust water s-
Estuarine waters__._T
Other,
(C)
Water dependent: Yes X No
Other
(D)
'Intended use: Public Private
Commercial dock space for boats
(E.)
Type, of waste water treatment: Existing'
septic tank and drain field
Planned
(F)
Type of structures: Existing house
Planned Retail shop
(C)
Estimated annual rate of erosion none
Source bulkheaded
7. nabitnt
description:
AREA
(A)
Vegetated wetlands: Dredged
Filled Other
.(R) Non -vegetated wetlands:
(C) Other: disturbed
highground 500 sq. ft.
(D) Total area disturbed: 500 square feet.
a. Project summary The applicant proposes to construct a retail -and gift shop and a
185 foot long by 6 foot wide pier with a 30 foot long by 6 foot wide "T" head at
his property on Silver Lake in Ocracoke. Also proposed is a 97 foot long by 8
foot wide dock parallel to the existing bulkhead.
SCOTT COTTRELL
BID REPORT
PAGE 2
SITE DESCRIPTION:
The applicant owns two parcels of land on Silver Lake in Ocracoke. One of the
lots supports the Anchorage Inn and two commercial piers with waterfront improvements
which were authorized under CAMA permit #52-80 and have been constructed. The adjacent
piece of property is the subject of this request. This piece currently supports a -
house on the western side of N.C. #12 which is serviced by a septic tank and drainfield.
On the eastern (or Silver Lake) side of N.C. #12, the shoreline has been bulkheaded
under general permit #1411-A. The shallow waters of Silver Lake extend up to a narrow
and sparse fringe of Juncus roemerianus in front of the bulkhead.
The applicant proposes to construct a retail and gift shop at the edge of the
bulkhead. This building will not constitute covering more than 30% of the AEC with
impervious surfaces. .Also proposed is the construction of a dock parallel to the
bulkhead which will be 97 feet long by 8 feet wide. A six foot wide commercial dock
with finger, piers will extend 185 feet into Silver Lake with a 30 foot X 6 foot "T".
This pier can accommodate seven commercial fishing boats.
ANTICIPATED IMPACTS:
The construction of the pier will result in some elevated turbidity levels which
should be temporary and localized. The number of boats which this project can accommo-
date would not constitute a marina under CAMA guidelines, however, this project in
conjunction with the existing piers for Anchorage Inn would allow more than 10 boats
to be moored in this area.
CAMA REVIEW:
This project site is classified as developed in the Hyde County LUP.
Submitted by: George H. Wood Date: December 17, 1986
APPLICATION
FOR ®CM • to
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 GarinIna Department of the Army
(GS 14612) Department of Natural Retoureo and Community Development Corps of Erghmnk Wllmkytat District
(GS 113.229,143.215.3(a)(1), 143d1S.3(c), 113A•118 (33 CFR 209.320.329)
Pkase type or print and fill in all blanks. If Information is not applicable, so indicate by placing N/A in blank.
I. Applicant Information
A. Name Cottrell Scott
Middle
P.O" BOX 130
B. Address
B.
Street, P. O. Box or Route
Ocracoke, N.C. 27960
919 928-1101
City or Town State Zip Code
Phone
11. Location of Proposed Project:
A. County Hyde
B. 1. City, town, community or landmark Ocracoke
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Silver bake off Pamlico Sound
Ill. Description of Project Building 12 X
36 -
A. 1. Maintenance of existing project 2. New work Pier w/finder
111;; tie off pile
S. Purpose of excavation or fill Dec para e
o uI clt�sc
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other length -width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 2. Type of material
IV. Land Type, Disposal AFea, 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? YesNo
C. Disposal Area
1. Location
2, Do you claim title to disposal area!
D. Fillmaterial source if fill is to be trucked in
E. How will excavated material be entrapped and erosion controlled?
F. Type of equipment to be used
G. Will marshland he crossed in transporting equipment to project site? If yes, explain No
DAF411
Rev. 10178
V. IaWidled Use of holes! Ana (Duabs)
A. 1. hMn
2 Canrnercial . oc space or is it
3. HoWng Development or IndustrI6
4. Other
B. 1. Lot size(s)
95 x 270
2. Elevation of lot(s) above mean high water, 3 feet
3. Soil type and
4. Type of building facilities or structures
S. Sewage disposal and/or wastewatertreatment A. Existing se.Atic tarlifanned
B. Describe
6. Land Classification
(circle one) EVE LOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATIU OTHER (See LAMA Local Land Use Plan Synopsis)
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 as a result of project activity or planned use of the
area following project completion? Yes_ No X
2. Type of discharge
3. Location of discharge
VIL Pteseht rate of shoreline erosion (if known): unknown
Vill. List permit numbers and issue dates of rev ous Depaarrt�ment of Army Corps of Engineers or State permits for
work in project area, if applicable: s�A'ri CO '7n' 025—OO O
IX Length of time required to complete project: tea`
X In addition to the completed application form, the following Items must be, prodded:
ti ;,',.'A.,Attacb 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 8% 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
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
XI. Certification requirement: I certify that to the'best of my'knowledge, the proposed activity complies
with the State of North Carolinah 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.
DATE 11-10-86
Applicant's Signature
D&F.112 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10178
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December 17, 1966
Mr. George Wood
NRCD
Elizabeth City, North Carolina
(Q o
Dear George:
Regarding our telephone conversation today concerning locating my pier more
than 15' from riparian water line due to objection of adjoining property owner,
Mr. Rose.
Mr. Rose bought a 22' piece of property that had a :301 long pier on it and
sufficient space to dock a boat without encroaching upon his neighbors. Then
he got a pier permit to repair his pier and added 170 feet to it. He never
bothered to notify either of the adjoining property owners of his intentions as
required by law.
Mr. Rose then asked NRCD for permission to fill the land beside the pier and
build a ramp. NRCD told him he couldn't fill it; he did it anyway and NRCD
looked the other way. As you know, the fill -is still there today.
Then Mr. Rose decided to make a commercial pier out of his private pier and
today rents out space to 6 boats. Here again - use changed without NRCD
approval.
Now Mr. Rose says I should be required to move my pier over more so he will
have enough room for his operations, never mind that they may infringe upon his
neighbors riparian rights.
When I see how successful Mr. Rose has been at acheiving what he wants largely
by ignoring the permit process, I have to wonder what I am doing trying to
follow the rules and regulations. It certainly puts me at a disadvantage by
trying to work within the system.
The reason I put my pier as far that way as the law says I can is to have a
nice little boat basin, with slips, on the opposite side; that certainly will
not bother Mr. Rose.
The shoreline is straight along that side so there are no pie slices. Every
property owner has a straight rectangular slice of water, which makes it very
clear what each property owner is entitled to use.
Mr. Rose could have built his pier on one side of his property and then he
would have had adequate roam on the other side for whatever he wanted to do,
but not him - put it right in the middle and encroach upon bath of his
neighbors. If you want to get an earfull, just ask the adjoining property
owner on the other side, Mrs. Myra Wahab, what she thinks of Mr. Rase and his
pier.
The law says Mr. Rose has reparian rights to 22' - - not 30' or 401, and if he
wants use of more, then he should buy it like the rest of us have had to do
instead of just trying to "annex" it.
Sincerely, r!am�
15� (V�
Scott Cottrell
1A��
�L'J'f®J�'u, mow,,• !I
State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Field Services Director
ter Street
r
191986 Elizabeth CSouth ity, N.C. 27909
13 (919) 338-15 58
- December 18, 1986
Mr. Scott Cottrell
Post Office Box 130
Ocracoke, North Carolina 27960
Dear Mr. Cottrell:
The Division of Coastal Management hereby acknowledges receipt of your application
for state approval for development of your property located at Ocracoke on Silver Lake
in Hyde County, N.C. It was received on November 19, 1986 and appears to be adequate
for processing at this time. The projected deadline for making a decision is February
2, 1987. An additional 75 day review period may be necessary and if so, you will be
advised of the extension and the new deadline.
NCGS 113A-119(b) requires that Notice of an application be posted at the location
of the proposed development. Enclosed you will find a "Notice of Permit Filing" post-
card which must be posted at the property of your proposed development. You should
post this notice at a conspicuous point along your property where it can be observed
from a public road. Some examples would be: nailing the notice card to a telephone
pole or tree along the road right-of-way fronting your property, or at a point along
the road right-of-way where a private road would lead one into your property. Failure
to post this notice could result in an incomplete application.
An onsite inspection will be made and if additional information is required, you
will be contacted by the appropriate state or federal agency. If you have any questions,
please contact me at my Elizabeth City office.
Sincerely,
7l�icw�.-
Pl.f, George H. Wood
FIELD CONSULTANT
GHW:yl
Enclosure: notice card
cc: Charles Jones, DCM
Hugh Heine, COE
Eddie Cahoon, LPO
File P.O. Box 27687, Raleigh, North Carolina 27611-7697 Telephone 919-733-2293
An Eqwl Opportunity Affirmative Action Fmpl wer
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4,�.�o,� r� tin nr r
�� 1� DEC 1 91986
State of North Carolina
----------------------
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary Director
December 17, 1986
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:
SCOTT COTTRELL
Applicant's Name
Silver Lake at Ocracoke Hyde
Location of Project County
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major develop-
ment permit...
X 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 thi Section is covered on the reverse
side; attached; _ will be forwarded later.
CSJ:ap:3566
NS'ncerely,
� t[Xo
Charles S. Jones, ief
Field Services Section
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 9R733-2293
An Equal Opportunity Affirmative Action Employer
(A) this agency has no obuection to the project as proposed.
(B) This agency has no comment on the project as proposed.
(C) This agency approves of the project (or project concept) and/or recommends
these minor refinements for project management.
(DY 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 enjoynent 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.
George H. Wood
Signature
December 17, 1986
Date
1.
OFFTCE OF COASTAL MANAGEMENT .
FTF.LD 7NVESTICATION REPORT
1, Applicant's name. SCOTT COTTRELL
2. Location of project site Silver Lake at Ocracoke --
84 series H-211
7. Investigation type: Dredge 6 Fill CAMA X
4. Investigative procedure: (A) Dates of site visit 10/8/86
(R) Was applicant presence—
. 5. Processing procedure: -Application received 11/19/86 Office Elizabeth City
6. Site description: (A) Local Land Use Plan' Hyde
Land classification from LUP Uevelopea
Development constraints identified in LUP none
(R) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlandn Public trust waters--T—
Estunrine, waters
(0 Water dependent: Yes X No Other
(D) Tntpnded usp: Public Private Commercial dock space for boats
(I.) Type of waste water treatment: Existing' septic tank and drain field
Plnnned
(F) Type of strivctures: Existing house
Planned Retail shop
(C) .Estimated annual rate of erosion none Source bulkheaded
7. Ilabitnt description:
(A) vegetated wetlands:
Dredged Filled Other
00 Non-vpgrtatpd wotlnnds: '
(C) Other:
disturbed
highground 500 sq: ft.
(D) Total area disturbed: 500 square feet.
8. Project summary The applicant proposes• to construct a retail and gift shop and a
185 foot long by 6 foot wide pier with a 30 foot long by 6 foot wide "T" head at
his property on Silver Lake in Ocracoke. Also proposed is, a 97 foot long by 8
foot wide dock parallel to the existing bulkhead.
SCOTT COTTRELL
BID REPORT
PAGE 2
SITE DESCRIPTION:
The applicant owns two parcels of land on.Silver Lake in Ocracoke. One of the
lots supports the Anchorage Inn and two commercial piers with waterfront improvements
which were authorized under CAMA permit #52-80 and have been constructed. The adjacent
piece of property is the subject of this request. This piece currently supports a
house on the western side of N.C. #12 which is serviced by a septic tank and drainfield.
On the eastern (or Silver Lake) side of N.C. #12, the shoreline has been bulkheaded
under general permit #1411-A. The shallow waters of Silver Lake extend up to a narrow
and sparse fringe of Juncus roemerianus in front of the bulkhead.,
The applicant proposes to construct a retail and gift shop at the edge of the
bulkhead. This building will not constitute covering more than 30% of the AEC with
impervious surfaces. Also proposed is the construction of a dock parallel to the
bulkhead which will be 97 feet long by 8 feet wide. A six foot wide commercial dock
with finger piers will extend 185 feet into Sil'ver Lake with a 30 foot X 6 foot "T".
This pier can accommodate seven commercial fishing boats.
ANTICIPATED IMPACTS:
The construction of the pier will result in some elevated turbidity levels which
should be temporary and localized. The number of boats which this project can accommo-
date would not constitute a marina under CAMA guidelines, however, this project in
conjunction with the existing piers for Anchorage Inn would allow more than 10 boats
to be moored in this area.
CAMA REVIEW:
This project site is classified as developed in the Hyde County LUP.
Submitted by: George H. Wood Date: December 17, 1986
APPLICATION "V 1-9 In
FOR OCM•E9
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION •F r
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT y
Department of Administration Stan of North Carolina Department of the Army
(GS 146-12) Department of NaturalResourcesand Community Development Corps of Enabtssrs, Wilmington Db tt
(GS 113.229,14341S.3(a)(1), 143.215.3(c), 113A•112 (33 CFR 209.320.329)
Plem type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
1. Applicant Information
A. Name Cottrell Scott
P.ba.t Box 130 First Middle
B. Address
Street, P. O. Box or Route
Ocracoke, N.C. 27960
919 928-1101
City or Town' State Zip Code
Phone
11. Location of Proposed Project:
A. County Hyde
B. 1. City, town, community or landmark Ocracoke
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Silver Lake off Pamlico Sound
111. Description of Project Building 12 -x
36 -
A. 1. Maintenance of existing project 2. New work Pier w/fin�er piles,
tie off piles
B. Purpose of excavation or fill e e pare e
_o'Tu.L eikF s L
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length width depth
4. Other length width depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 2. Type of material
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards 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
C. Disposal Area
1. Location
'
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 and erosion controlled?
F. Type of equipment it) be used
G. Will marshland he crossed in transporting equipment to project site? If yes, explain NO
D&F4f1
Rev. 10178
V. uro■md for of heNct Area (Desabe) '
A. 1. Private
2. Comm oc space lor lishing oa s
3. Housing Development m Industrial
4. Other
B. 1. Iat siae(s)' 95 x 270
2. Elevation of lot(s) above mean high wear sandy 3 feet
'.3. Soil type and texture
4. Type of building facilities or structures house
S. Sewage disposal and/or wastewater treatment A. Existin{ Septic taC*mned
B. Describe
6. Land Classification (circle one)C
CONSERVA
TRANSITIONAL COMMUNITY RURAL
R (See CAMA Local Land Use Plan Synopsis)
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 as a result of project, activity or planned use of the
area following project completion? Yes —No X
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion,(if known): unknown
Vlll. List permit numbers and issue dates of��PPrev'ous DepIr�nent of Army Corps of Engineers or State permits for
work in project area, if applicable: 9 CO '/t3—N-025—OOt50
IX Length of time required to complete project: 1 year
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 gh X I I" 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
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 t
Anchor2pe Tnn. Ocracoke. N.C. 2
,
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.
DATE 11-10-86
Applicant's Signature
DaFa 2 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10178
M
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HYDE CWNTY NOft7H CAROIMA
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS �� • _�
P.O. BOX 1890 14
WILMINGTON, NORTH CAROLINA 28402.1890
November 19, 1986 '
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC087-N-048-0090
Mr. Scott Cottrell DEC � i9��
Post Office Box 130
Ocracoke, North Carolina 27960 - u
Dear Mr. Cottrell: -
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 November 17, 1986, for a
Department of the Army permit to construct a pier with finger
piers and pilings and a dock on Silver Lake off Pamlico Sound,
Ocracoke, Hyde County, North Carolina, indicates it to be a
candidate for Federal authorization under this general permit.
Accordingly, the administrative processin& of your application
will be accomplished by the North Carolina Division o oastal
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, has been assigned No. SAWCO87-N-048-0090 and will be
coordinated by Mr. Hugh Heine. He is available to address
questions or comments you may have at telephone (919) 343-4725.
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
Vrehead City Regional Office
vlorth Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Elizabeth City, North Carolina 27909
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, NOAA
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. George Wood
Elizabeth City Regional Office
North Carolina Division of
Coastal Management
108 South Water Street