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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 3, L Q LA-1-3—oil � r 1 o C o q o V q+7�g a a C�P(d 9NIp�iM� x0P( a :(? �'J IV /S&I z"'ailb r 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 �l v� �1 ■atU �� o �•ne HYOE COUNTY opmwm M"a4'�NORM CAROL NA __•:••:• :-t p CItLv�,'O( A NN7 --�961-a 0 �,>Ny I m A _,o-�c� _r•�N'� o C o `'a s8 a a 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 U Me 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 M HYDE CWNTY NOft7H CAROIMA �J U^l .oi 5-------------- ^ n n ` 1NIjk�7tr(T 9X\ -3)Pf` l,` 01-W00 �6IAUd{ 03AI3138 751 •Wn a 1.A 6UK OtLltlU(�4 ^'N3 .��61 �y�IVY °art I-Sgr 9Ni ,9E xTl r 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