HomeMy WebLinkAbout47-85 MM Cottrell, ScottPerini, C"'_ss - Permit Number
Major Modification STATE OF NORTH CAROLINA 47-85
Maintenance 5 Department of Natural Reso ps�nd Community Development
Coastal Resources Commission
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X❑ Maior)1'' 1 pntin, iooriental
----------------------
U Excavation andlor,fiilll gpttrsustif to NCGS 113.229
Issued to Scott A. Cottrell, P. 0. Box 130. Ocracoke, N
authorizing development in Hyde County at Silver Lake
as requested in the pennittee's application dated 9/25/84 and 9/25/87
including attached plants 3no date and 2 dated received 11/19/87,
This permit, issued on ///! / V , is subject to compliance with the application (where consistent
with the permit), all appli�egulations, special conditions and notes set forth below. Any violation of these terms may subject
pemtittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) The excavation will be accomplished from the outer limits of the basin landward
so that at no time will a basin exist which is deeper than connecting waters.
(2) All excavated materials will be confined above mean high water and landward
of regularly or irregularly flooded marsh behind adequate dikes or other
retaining structures to prevent spillover of solids into any marsh or surroun-
ding waters.
(3) The terminal end of the pipeline from the dredge into the diked retention
area will be positioned at or greater than 50 feet from any part of the
dike and at a maximum distance from spillways to prevent dike erosion and
to allow adequate settlement of suspended solids.
(4) No excavated or fill materials will be placed at any time in any vegetated
wetlands or waters of the State.
(5) Excavation will not exceed 6 feet below the elevation of mean low water
(MLW).
See
This permit action may be appealed by the pennittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspec-ed 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, 1993 -
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.
Glittit �/J
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pernittee
P
A
Scott A. Cottrell Permit #47-85
Page 2 of 2
ADDITIONAL CONDITIONS
(6) An area will be maintained to provide an acceptable disposal site for,future
maintenance dredging.
(7) All spoil material placed in upland disposal areas must be provided with
a ground cover sufficient to restrain erosion within 30 working days of
placement.
(8) The exterior slopes of the dredge spoil retaining dike must be at a maximum
steepness of 2H:IV and a ground cover sufficient to restrain erosion will
be provided on the exposed slopes within 30 working days of completion of
dike construction.
(9) 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.
(10) Prior to occupancy of any slips or other pier -side docking, the permittee
will provide, at dock -side, pumpout equipment to service boats with holding
tanks.
(11) All floating structures, other than boats, used for habitation or commerce
(as defined in 15 NCAC 70.0602) shall be in conformance with local regulations
for onshore sewage treatment.
(12) The marina shall prominently post and enforce a no sewage discharge policy.
NOTE: In order to protect the existing bulkhead, excavation should be tapered
to existing depths adjacent to the bulkhead.
NOTE: The proposed project is certified -under General Water Quality Certification
No. 1273 issued on November 10, 1978, for discharges of liquid effluent
from diked upland disposal areas.
Maintenance Clause
The Division of Coastal Management will be notified in writing at least two (2)
weeks in advance of any maintenance work (after Dec. 31, 1988)authorized by this
permit and that notification include:
A. the number of the original permit.
B. a statement that no dimensional changes are proposed.
C. a copy of the original permit plat(s) with cross -hatching indicating the area
to be maintained, the area to be used for spoil, and the estimated amount
of material to be removed.
D. the date of map revision and the permittee's signature shown anew on the original
plat.
Ge
Nnv � s a�
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
103 South Water Street
Elizabeth City, N.C. 27909
(919) 338-1558
Novenber 5, 1987
Mr. A. B. Rose
Post Office Box 2683
Rocky Mount, North Carolina 27802-2683
Dear Mr. Rose:
On 4 November, 1987, Pres Pate (Assistant Director, DCM) and I visited
your property adjacent to Silver Lake, adjoining Scott Cottrell's property
in Ocracoke, Hyde County. We inspected your pier 3n3'spoce to , r. o trell
about concerns expressed in your letter of 7 October, 1987.
Currently we are reviewing and investigating further information relative
to your pier and mooring pilings in Silver Lake, Ocracoke.
Ile will keep you posted of further findings.
Sincerely,
David R. Griffin
DISTRICT MANAGER
DRG:yl
cc: Pres Pate, DCM
Alison Arnold, COE
Eddie Cahoon, LPO
File
P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293
An Equal Opportunity Affirmative Action Employer
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
S. Thomas Rhodes, Secretary
November 5. 1987
Mr. John R. Parker, Jr., Chief
Major Permits Processing Section
Division of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Parker:
The attached copy of an application submitted by:
David W. C�,vens
Director
MODIFICATION =f� y!%- gS
Silver Lake Ocracoke N dc-
oca ion oT-Project County
for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development permit
for a CAMA major, development permit (only) ....
for a dredge and fill permit (only) ....
has been reviewed by this District Office and is being forwarded to you
along with a Field Investigation Report for further application processing,
including circulation to State agencies having interest and/or jurisdiction
over the subject matter which might be affected by the project.
The recommendation of this Office is covered on the reverse side;
X attached; will be forwarded lam
Sincerely,,
b"' -P
David R. Griffin, Manager
Elizabeth City District
P.O. Box 27697, Rakgh, Nord, Grahw 27611a617 Tdepha 919-733-2293
An Fmml OrKw min, ABir ...n• Arthn Fmvk+
®QyaeF FES 2 9 1988
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
S. Thomas Rhodes, Secretary
Field Services
108 South Water
Elizabeth City,
(919) 338-1558
February 26, 1988
Mr. Scott Cottrell
Post Office 130
Ocracoke, North Carolina 27960
Dear Mr. Cottrell:
David W. Owens
Director
Street
NC 27909
In order for this office to determine the line separating
the areas of riparian access between yourself and Mr. Rose,
please send a current survey showing the property lines of your
property adjacent Silver Lake, Ocracoke, Hyde County.
So that this may be done timely, please submit this
information on or before March 18, 1988.
If you have any questions regarding this matter, feel free
to contact this office.
Sincerely,
Q
David R. Griffin
DISTRICT MANAGER
DRG:yl
cc: E. Carl
D. Owens
P. Pate ✓
J. Parker
File
P.O. Box 27687, Raleigh, North Ca hna 27611-761f7 Tekphonc 919-733-2293
An F91tal Opportunity Affirmative Action Frnploy
` FF6 991988
----------------------
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, Govemor
S. Thomas Rhodes, Secretary
Field Services
108 South Water
Elizabeth City,
(919) 338-1558
February 26, 1988
Mr. A. B. Rose
Post Office Box 2683
Rocky Mount, North Carolina 27802-2683
Dear Mr. Rose:
David W. Owens
Director
Street
NC 27909
In order for this office to determine the line separating
the areas of riparian access between yourself and Mr. Cottrell,
please send a current survey showing the property lines of your
property adjacent Silver Lake. Ocracoke, Hyde County.
So that this may be done timely, please submit this
information on or before March 18, 1988.
If you have any questions regarding this matter, feel free
to contact this office.
Sincerely,
David R. Griffin
DISTRICT MANAGER
DRG:YL
CC: E. Carl
D. Owens
P. Pate ✓
J. Parker
File
P.O. Boot 27697, Rakigh, North Cardin 27611-76ff7 Telephone 919-733-2293
An Erwl Opporttmim A(finnatiw Action Fmpkwer
MEMORANDUM
TO: John Parker, DCM, Major Permits Section
Cliff Winefordner, COE
Bill Moore, DEM
Stephen G. Conrad, DLR
Robert Chandler, DCA
R. Paul Wilms, DEM
William T. Hogar�thh, DjMF
FROM: David R. Griffirf; DCrd Field Services, Elizabeth City
SUBJECT: SCOTT A. COTTRELL APPLICATION
DATE: November 20, 1987
Please substitute the enclosed drawing for the Cottrell project
in lieu of the one circulated in the field report dated November 5, 1987.
Thank you.
yll
Enclosure
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OFFICE OF COASTAL MANAGEMENT Lat. 350 06' 53" II
FIELD INVESTIGATION REPORT
1. Applicant's name SCOTT A. COTTRELL Long. 750 59' 11...
2. Location of project site Across from Anchorage Motel, Silver Lake, Ocracoke,
Hyde County Photo ref. 148-369, K-3, K-4
3. Investigation type: Dredge & Fill x CAMA X•
4. Investigation procedure: (A) Dates of site visit 11/4/87
(B) Was applicant present yes
5. Processing procedure: Application.received _ to/l5/A7 OfficeElizabeth City
6. Site description: (A) Local Land Use Plan
Land classification rom L conservation water
Development constraints identified in LUP developer
(B)
(C)
(D)
(E)
AEC(s) involved:
Water dependent: Yes
Intended use: Public
Ocean hazard
Coastal wetlands
Estuarine waters X
Estuarine shoreline X
Public trust waters X
Other
X H Oh
Type of waste water treatment
Planned none
o t er
_ Private Commercial boat basin
Existing __treatment plant
(F) Type of structures: Existing motel_.3 piers
Planned none
(G) Estimated annual rate of erosion - 0 Source kheaded
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged i le Other
(B) Non -vegetated wetlands:
Shallow water 22,000 sq. ft.
(C) Uther:
(D) Total area disturbed: _ 22,000 square feet
B. Project summary The applicant proposes to excavate and enlarge an existing
boat basin in front of his commercial facility (motel) at Silver Lake in
Ocracoke.
M
SCOTT COTTRELL
IMINA 11M
SITE DESCRIPTION
The applicant currently holds CAMA permit #47-85 which allowed the applicant
to excavate an existing boat basin in Silver Lake, Ocracoke, Hyde County.
The applicant owns commercial property on the east side of Silver Lake
including the Anchorage Inn Motel. This motel is located on the east side
of PI.C. 12; a narrow border of land exists between the west side of N.C. 12
and Silver Lake. Several water dependent structures extend into Silver Lake
from this portion of the applicant's property. Three piers extend out parallel
from each other, each approximately 180 feet long with 50-foot "T'"s at their
seaward ends. Under CAMA permit #47-85, the applicant excavated around two of
three piers to a depth of -6 feet MVI4 (an area of 160 feet by 100 feet). This
request is to modify permit #47-85 to include the excavation of two, additional
.areas: an 80' by 220' area to the north of the existing -6' MFI14 basin will be.
excavated and a 20' by 220' area to the south of the existing basin will be
excavated. This proposal will create a boat basin of total size 260' by 200
feet, all to -6' MHI1. The sandy shallow bottom grades off slowly from 1 foot
at the bulkhead to 5 feet at the end of the pier to an average depth of 10 feet
in Silver Lake. No significant submergent or emergent vegetation is located in
the project area. The applicant proposes to excavate the area using a hydraulic
dredge and pump -'-the spoil across N.C. 12 to a diked high ground disposal area
adjacent to and in front of his motel.
Subject to issuance of this proposed modification, the applicant requests
a five-year maintenance provision for the entire 260' by 200' boat basin.
ANTICIPATED IMPACTS
Approximately 22,000 square feet of shallow water habitat will be excavated.
Short -termed, localized turbidity will result from the excavation.
CAMA REVIEW
The project site is classified as conservation (water) and developed (land)
in the 1981 Hyde County Land Use Plan. The proposal is consistent with that LUP.
Submitted by: David R. Griffin Date: November 5, 1987.
SCOTT COTTRELL
FRIMI MIM
PAGE 3
RECOMMENDATIONS
I have no objection to the proposed boat basin excavation. With approval
from DOT to pump spoil across W.C. 12, I suggest we modify CA11A permit #47-85
to include this proposed excavation subject to the conditions as set forth in
permit #47-85.
0
Submitted by: David R. Griffin Date: November 5, 1987
I\Ll,"' -
a
1'�'87
Please type or print. Carefully describe all an
ticipated development activities, including co str&
tion, excavation, filling, paving, land clearing
stormwater control. If the requested inform' ation•-ts• ,__-
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
a. Name Scott Cottrell
Address P.O. Box 130
City Ocracoke State N.C.
Zip 27960 IDay phone 928-1101
Landowner or Authorized agent
b. Project name (if any)
c. If the applicant is not the landowner, also give
the owner's name and address.
a. Street address or secondary road number
Silver T.aka Harbor
b. City, town,_ community, or landmark
Ocracoke
c. County Hyde
d. Is proposed work within city limits or planning
jurisdiction? yes:
e. Name of body of water nearest project
Silver Lake Harbor
3y' DESCRIPTIONAND PLANNER
4 MUSE OF PROPOSED PROJPCT;. u
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, ogre
Dredgre boat basin
Request 5 year maintenance
provision
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
Both
C. Will the project be for community, private, or
commercial use?
Commercial use
Describe the planned use of the project.
4 LAND AND}fW4TER* , "t a 3�
�4 ` CHARACTERISTICS x K fx=
m•�,. �w s.�nN
..vFv::u
a. Size of entire tract 26 ' x '2 0'
b. Size of individual lot(s) NIA:
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum 3'
d. Soil type(s) and textures) of tract
sandy loam
e. Vegetation on. tract
f. Man-made features now on tract
motel-
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
Conservation Transitional
X Developed Community
Rural Other
h. How is the tract zoned by local government?
not zoned
i. How are adjacent waters classified? SA
j. Has a professional archaeological survey been
carried out for the tract? no
If so, by whom?
Complete this section if the project includes any
upland development. N/A
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen.
tation control plan at least 30 days before land
disturbing activity begins.. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
g. List the materials, such as marl, paver stone,
asphalt, or concrete; to be, used for paved
surfaces.. -
h. If applicable, has a stormwater management
plan been submitted to the Division of En-
vironmental Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities.
j. . Have these facilities received state or local
approval?
k. Describe existing treatment facilities.
1. Describe location, and type of discharges to
waters of the state (for example);surface runoff,
sanitary wastewater, industriallcwmmercial
effluent, or "wash down").
m. Water supply source
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach. accessways or .pro-
vide new access.
o. If the project is on the oceanfront,, what will
be the. elevation above mean se_ a level of the
first habitable floor?
���i��EXCA�tA�01�� t1�TI7�FI�L
a. Describe below -the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
-M-
msaw
son
loom
b.• Amount -of material to*be excavated from
below water level, in cubic yards' 2.500
C. Typeof material' sand
d. Does the area.to be excavated include marsh-
land, swamps, or other wetlands? no
e. High ground excavation, in cubic yards )Y/a-_
f. Dimensions of spoil disposal area 150' x 250'
g..e Location, of spoil disposal area
adiacent high ground.
h. • Do you claim title to the disposal area.! ye s
If not,, attach a letter granting permission from
the owner.
i. Will. a disposal area be available for future
maintenance?Yes
If so, where? Adjacent high ground
j. Does the disposal area include any marshland,
swamplland,lor water areas? No
k. Will *the fill material be placed below mean
high water? No
1: Amount of fill in cubic yards None
m. Type of fill material N/A
n. Source of fill material- NA
o. Will fill material be placed on marsh or other
wetlands? No
p. Dimensions of the wetland to be filled ZA
q. How will excavated or fill material be kept on
site and erosion controlled? Dike disposal
arpa and to by s:d
—seeded after dewaternreadngan
r. What type of construction equipment will be
used (for example,.dragline; backhoe, or '
hydraulic dredge)? Hydraulic dredge,
backhoe
s. Will wetlands be crossed in transporting equip-
ment to the project site?_ If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
a. Length of bulkhead or riprap NZA
b. Average distance waterward of mean high water
or normal, water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
, 8a� ADDITIONAL INFORMATION '``
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for.
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Vh-x 11 white paper. (Refer to Coastal
Resources Commission Rule 7j.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name Archie Pentz
Address P.O. Box it
Ocracoke, N.C. 27960
Name Albert Rose
Address P.O. Box 2683
Rocky Mount, N.C. 27801
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AIVDIPERIVIIS=
SION TO �ENTER'ON
? ..i. � t ; - v "t a - ,.3• titi7 .Ft+n� .r ir:q ie
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro- w
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the a57�day of ram_,
19 ,A"
X !, C�
Landowner or Authorized .agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
I MOM
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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
108 South plater Street
Elizabeth City, N.C. 27909
(919) 338-1558
November 6, 1987
Mr. Scott A. Cottrell
Post Office Box 130
Ocracoke, North Carolina 27960
Dear Mr. Cottrell:
The Division of Coastal Management hereby acknowledges receipt of your appli-
cation for state approval for development of your property located in Ocracoke, Hyde
County. It was received on October 15, 1987 and appears to be adequate for processing
at this time. The projected deadline for making a decision is December 29, 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,
D��
David R. GAri f*Zjg•
DISTRICT MANAGER as
DRG:yl
Enclosure: notice card
cc: Alison Arnold, COE
Eddie Cahoon, LPO
File"
P.O. Box 27W Raleigh, North Carolina 2761I.7697 Telephone 919-733-2293
An Equal Opportunity A(iirrnative Action Employer